Is third party support accepted for spouse ILR?

[Missy_j]

Hi, I would like to know if anybody has any information as to whether 3rd party support is allowed in ILR applications?

To cut the long story short, my husband is on a 27 month spouse visa which expires 15th April 2011. We have a one year old child and I am unemployed looking after our son. My husband is working through a recruitment agency on a as and when required basis. He works minimum 1 night and maximum 5 nights (£60 per night).

We are living with my parents and they pay all the bills. My husband is not in reciept of any benefits and I receive child benefit. We have £1000 saving and feel that what my husband is earning is sufficient to support the 3 of us without the need to seek public funds. However, I am worried that my husband will not be granted ILR on the basis that are finances are poor. I am also looking to return to work after 6 months.

Any responses will be greatly appreciated.

[Casa]

UKBA case workers are instructed not to refuse spouse ILR purely on lack of finances. Your parents can provide living accomodation and pay all the bills if they choose.
The main issue is to show that you are living together and the marriage is continuing.

[Missy_j]

Thanks for your reply casa.

We are going to give it a try and see if they accept my husbands application. We have no other choice as his visa expires soon and I don't wnat him to become an overstayer. However, if it is rejected I could always try and apply for FLR inorder that our financial circumstances change and then we later make another app for ILR. Am I correct in thinking this is a possible alternative to ILR?

[jems]

Missy j, if I were you I would seek some advise, have you tried the IAS (immigration advisory service)? I used them for my husbands first spouse visa before he came to UK. They helped loads. There are others places to get advice too, citizens advice and other immigration advice organisations. They're not expensive and some offer free advice. As I said before I was always told on here that the MAIN thing they look for is that the relationship is ongoing and that you live together. I'm think you could provide some kind of written letter from your parents to confirm that you live there etc, and still include your husbands wage slips/bank statements/P60's as well as evidence of your savings, and your joint letters. Lets hope someone has a definite answer for you, but look up IAS, they should have the answers.

[John]

My husband is not in reciept of any benefits and I receive child benefit.

Why are you and your husband not jointly claiming Tax Credits?

[Missy_j]

I will definitly let everyone here know how we get on.

John, I have only recently found out that we are eligible for child tax credit even though my husband is on a spouse visa and that it will not affect his ILR application. Previously I thought that it was a public fund and that my husband was not entitled to it. So we have in the last few days sent off the app for child tax credit, which we will be jointly claiming.

Please John can u advise me whether in the public fund section on the ILR app I need to tick the child tax credit box in relation to the public funds that my husband is receiving? (even though it is not classed as a public fund) as I don't understand why it is then listed. Your help will be much appreciated.

[John]

Please John can u advise me whether in the public fund section on the ILR app I need to tick the child tax credit box in relation to the public funds that my husband is receiving?

It is my opinion that on the form SET(M) the Public Funds question is badly designed and really does not cope with the "small print" in the legislation. The fact is that Tax Credits are in the definition of Public Funds as in para 6 of the Immigration Rules. However, for your and your husband para 6B is in play and therefore there is no problem making a joint claim for Tax Credits, in your circumstances.

My recommendation is that the Public Funds question is answered "Yes" and Tax Credits are ticked in your column, but not in your husband's column. And you will also tick Child Benefit.

[jesswongwong]

hi everybody,
i have similar problem
my husband and i now both got 100pounds per week,
while we need to pay 400mortgage,100 utility bills and 100pounds council tax per month
does it appear we will get finaicial problem
i am going to apply SET(M) soon..

[John]

As posted by Casa 4 days ago :-

UKBA case workers are instructed not to refuse spouse ILR purely on lack of finances.

[jesswongwong]

Sorry! I did read the post before and understand, in general, as long as no claim of benefit , low income would not be a major reason to be refused.
As my family income is such low with mortgage, it's unlikely we can support ourselves in long term.
Hope u understand being an applicant's worry:(
it would be a great news to hear someone had a successful applicaton with such low income
best wishes