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Spouse Visa! Fiance is receiving Education grant Loan!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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ultimate12570
Junior Member
Posts: 53
Joined: Sat May 15, 2010 4:48 pm
Location: Cadiff

Spouse Visa! Fiance is receiving Education grant Loan!

Post by ultimate12570 » Sun Mar 06, 2011 8:12 pm

we are going to apply for spouse visa but my fiance is receiving Education Grants from the government, apart from that she doesn't receive any benefits at all, my question is, Does it effect our spouse visa application in terms of receiving education loan from the government? do they count it as living on benefits? As far as i know that for spouse visa, both applicants should not be receiving any benefits in order to be eligible for spouse visa.

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

grantted not

Post by Jattboi » Mon Mar 07, 2011 10:21 am

its classed has accessing public funds, entry clearance will refuse your application and u will have to win it on appeal from uk courts im afraid.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Re: grantted not

Post by Greenie » Mon Mar 07, 2011 10:35 am

Jattboi wrote:its classed has accessing public funds, entry clearance will refuse your application and u will have to win it on appeal from uk courts im afraid.
what is the basis for this statement?

The British settled/sponsor is permitted to claim benefits to which s/he is entitled but cannot have additional recourse to public funds due to the presence of the spouse in the UK.

In any event, a student loan is not a public fund in the context of the immigration rules.

ultimate12570
Junior Member
Posts: 53
Joined: Sat May 15, 2010 4:48 pm
Location: Cadiff

Re: grantted not

Post by ultimate12570 » Tue Mar 08, 2011 12:18 pm

Greenie wrote:
Jattboi wrote:its classed has accessing public funds, entry clearance will refuse your application and u will have to win it on appeal from uk courts im afraid.
what is the basis for this statement?

The British settled/sponsor is permitted to claim benefits to which s/he is entitled but cannot have additional recourse to public funds due to the presence of the spouse in the UK.

In any event, a student loan is not a public fund in the context of the immigration rules.
you are are absolutely correct, the statement from "Jattboi" has got nothing to do with my situation, my fiance is a settled person, she is working part time and also studying in a government funded University on the basis of educational grants, which is a right of every british citizen, £9000 per year Uni fee, which will be paid via installment once my fiance get a Job. In my personal point of view i don't think it has got something to do with the benefit system...but my question is what law says??? does it effect our spouse visa application bytheway im already in the UK on a student visa and i work part time as a qualified Accountant but my pay is enough to support our living....and im going to apply for spouse visa.

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