Spouse Visa and British Husband gets Public Funds!

[Nassima]

Hi All,
I am Algerian woman married to British Citizen, he has been unemployed for long time as he is ill ( Stress Desorder..)Though, he has been looking hard for a job to be able to get rid of the Public funds and get me over to UK. I have applyed recently for General visitor visa and has been refused ( paragraph 41 of Immigration rules) because I haven't provide much evidence of relationship( I said in visa he is a friend) and now we got married last week, we have been in relation since 17th January 2009. I am willing to apply for spouse visa now but very scared that it will be refused because he is getting money from government and unemployed ( Public Funds), but I have savings that may help me ( for not using any PF while at UK) for two years.
Note: I've got £2000 with reference to UK Minimum cost living of a couple is 105.00£. My husband gets 94£ ( adding 20£ per week from my savings this will cover our needs).
Me and my husband are gathering every piece of information and writing a letter to state that we are not going to accept any further public funds if given to us, and that we will be supporting ourselves without using “additionalâ€

[ElenaW]

Hey,

I think that your application may get refused due to your finances being fairly borderline. The savings will run out and after that point if there is no job offer or anything certain to do with finances, you will fall under the 105gbp needed per week after rent+council tax.

[Casa]

You may also have a problem in that you said you were 'friends' in your visitor visa application and are now applying for a Spouse visa and I assume you will be saying you have been in a relationship together since January 2009. The ECO will question which is the truth, taking the view that either you gave false information in the first application, or this one.

[Wanderer]

You may also have a problem in that you said you were 'friends' in your visitor visa application and are now applying for a Spouse visa and I assume you will be saying you have been in a relationship together since January 2009. The ECO will question which is the truth, taking the view that either you gave false information in the first application, or this one.

I was thinking that, could be a big issue.....

[Nassima]

You may also have a problem in that you said you were 'friends' in your visitor visa application and are now applying for a Spouse visa and I assume you will be saying you have been in a relationship together since January 2009. The ECO will question which is the truth, taking the view that either you gave false information in the first application, or this one.

I applyed before for a general visitor visa ( I said to visit a friend) I didn't want to say fiancé because I was afraid they'll say this is the wrong application and you should apply for fiance visa, hat's all, it's not a matter of not telling the truth. I'm more scared now

[Nassima]

Hey,

I think that your application may get refused due to your finances being fairly borderline. The savings will run out and after that point if there is no job offer or anything certain to do with finances, you will fall under the 105gbp needed per week after rent+council tax.

I can prove that I can find a good job as soon as I join my husband in UK, I laready had applied for different positions and got contacted ( will show that in emails) the only problem was then I wasn't resident and they wanted someone with visa already, the recruiters said once you're in UK contact us..I'm not going to stay with no job, my CV is a good one and confident I can get a job there.

[Nassima]

Hey,

I think that your application may get refused due to your finances being fairly borderline. The savings will run out and after that point if there is no job offer or anything certain to do with finances, you will fall under the 105gbp needed per week after rent+council tax.

Since a 105gbp is needed, I am bringing with me more than 2000£ plus my husband money in, we believe this will be OK. after we calculated it we'll have extra 80£ per week so I think this will be OK, or why they set a precised amount of money ( 105gbp?) why not more and not refuse the applications? you get what I mean here?
I will be really so disapointed, depressed and so will be my husband if we can't live together..

[John]

Nassima, do you have any particular qualifications? What sort of job do you hope to get? Any idea what amount you might be earning?

[Nassima]

Nassima, do you have any particular qualifications? What sort of job do you hope to get? Any idea what amount you might be earning?

I have Bachelor of Arts degree in English language, experience for more than 5 years as administrative assistant dealing a lot with translation ( French/English/ Arabic) have experience also in teaching at school French & English, tought Expats Arabic language in the company I work for now ( British Petroleum-SH) Currently working as Information systems admin assistant and working on the intranet site of our company..
I hope I can work as a Multilingual admin assistant or PA..I am confident I can easely secure at least a £18000K per annum to £20,000

[Nassima]

Nassima, do you have any particular qualifications? What sort of job do you hope to get? Any idea what amount you might be earning?

Sorry for my bad English as I'm typing fast and at office now!!
Thanks a lot for your help

[John]

That looks good. Any chance you can get a job with BP in the UK? After all your language skills could prove very useful.

Or even if no job transfer available, a letter of recommendation from BP, where you work now, could prove invaluable.

As well as the sort of job you mention, you could clearly teach Arabic language at a language school here in the UK.

[My own wife, who has now been in the UK for 9 years, was a college lecturer in Thailand, before moving to the UK. Now here in the UK she is the Thai Language tutor at the UK's largest specialist language school, here in Birmingham.]

[Nassima]

Hey,

I think that your application may get refused due to your finances being fairly borderline. The savings will run out and after that point if there is no job offer or anything certain to do with finances, you will fall under the 105gbp needed per week after rent+council tax.

Since a 105gbp is needed, I am bringing with me more than 2000£ plus my husband money in, we believe this will be OK. after we calculated it we'll have extra 80£ per week so I think this will be OK, or why they set a precised amount of money ( 105gbp?) why not more and not refuse the applications? you get what I mean here?
I will be really so disapointed, depressed and so will be my husband if we can't live together..

Just a correction spare 80£ per month

[Nassima]

That looks good. Any chance you can get a job with BP in the UK? After all your language skills could prove very useful.

Or even if no job transfer available, a letter of recommendation from BP, where you work now, could prove invaluable.

As well as the sort of job you mention, you could clearly teach Arabic language at a language school here in the UK.

[My own wife, who has now been in the UK for 9 years, was a college lecturer in Thailand, before moving to the UK. Now here in the UK she is the Thai Language tutor at the UK's largest specialist language school, here in Birmingham.]

Thanks John, I needed such a response My husband's frien has a friend who works in BP he was interesed in my CV and wanted to contact me in Algeria since he travels a lot around the world ( but hasn't yet) I have many recommendation letters from my BP managers and they are impressive I can mp you one
Also yes, I may teach Arabic, frankly I haven't tried yet to email a school in UK but will do and expect to teach Arabic ( since it's my mother tongue language) in a good Arabic institut or school.

[John]

Nassima, whereabouts in the UK do you expect to be living?

No need to email me. I believe you! No doubt in my mind that you will not have a problem getting a job when you get to the UK.

[Nassima]

Nassima, whereabouts in the UK do you expect to be living?

No need to email me. I believe you! No doubt in my mind that you will not have a problem getting a job when you get to the UK.

Thanks, my husband lives in Surrey area ( Farnham)

[John]

my husband lives in Surrey area ( Farnham)

OK, so if you cannot find a job locally, that is commuting distance to London.

My husband's frien has a friend who works in BP he was interesed in my CV and wanted to contact me in Algeria since he travels a lot around the world ( but hasn't yet) I have many recommendation letters from my BP managers

I think you should be proactive and contact the BP HR Department in London. Don't just wait for that one person to contact you. Emphasise that when you arrive in the UK you will have a spouse visa, and thus an unlimited ability to work in the UK, without needing to get a Work Permit (now a Tier 2 visa).

If you can get a job transfer, well that would be great. No problem getting the spouse visa (based upon what you have posted). And even without a job transfer, with those recommendations from current BP work colleagues, I would not expect you to have a problem getting the spouse visa.

During this period of separation from your husband, "evidence of contact" is important. Collect evidence of the contact between the two of you.

[Nassima]

my husband lives in Surrey area ( Farnham)

OK, so if you cannot find a job locally, that is commuting distance to London.

My husband's frien has a friend who works in BP he was interesed in my CV and wanted to contact me in Algeria since he travels a lot around the world ( but hasn't yet) I have many recommendation letters from my BP managers

I think you should be proactive and contact the BP HR Department in London. Don't just wait for that one person to contact you. Emphasise that when you arrive in the UK you will have a spouse visa, and thus an unlimited ability to work in the UK, without needing to get a Work Permit (now a Tier 2 visa).

If you can get a job transfer, well that would be great. No problem getting the spouse visa (based upon what you have posted). And even without a job transfer, with those recommendations from current BP work colleagues, I would not expect you to have a problem getting the spouse visa.

During this period of separation from your husband, "evidence of contact" is important. Collect evidence of the contact between the two of you.

I am trucking all possible and available position on BP UK or other company, me and my husband have prepared the following to add to our spouse visa aaplication:
Relationship History: when we first met, and how we kept intouch until today
Evidence of relation/contact between both of us: chat logs, emails, sms,pictures taken together, visa's for my husband to visit me at my countryetc
Financials ( since my husband is concidered as disabled we'll submit his medical record reports from doctors old and new ones) he also stated in a seperate letter that he is genuiny looking for a full time employment..
My pay slips, my savings, letter from my employer showing I'm working and how much i'm getting in, also my husband's bank statments showing everything (money in /out)
We put on together a draft budget that shows my husband money in and once I join him and how we will spend this money, we basically show that we are aware of the situation and we thought of it:
Gas/water/electricity/Internet/Food and other stff per week pasis
Marriage Evidence: Engagement party pictures together and with family, then wedding pictures/videos ( I will even send my USB so they plug it and get all document in electronic copies )
We even thought of contraception, we said that I letter, we don't plan to have a baby during this time until my immigration satus is set to ILR or something equivalent..Because having a baby may change our financial plans and we'll be in problem of may be deportation?!!
Accommodation: my husband lives in a one bedroom flat,Spam/living room, bathroom, where we spent sometime together and it is fit for a couple, we got a letter from council saying it is a one bedroom( they said UKBA know that all our flats are suitable for couple)
hmm! whatelse? I even thought of our cat ( Flufy Silver) we'll write a statment that she misses me and when she hears my voice on phone she looks for me! hehe and get her to "sign it" with her foot! wouldn't that bring some fun in UKBA office ?

Pray for me!

[Nassima]

http://www.immigrationboards.com/viewto ... ht=#362592

I just got reply back and it has been refused: here is the exact wording:
The bank statements and documents submitted in support of your application show that your
sponsor is in receipt of Income Support, Long Term Sickness Premium, Housing Benefit and
Council Tax Benefits. These benefits are defined by Paragraph 6 of the Immigration Rules as public
funds. I note that you have provided no satisfactory evidence of any job offers that would be open
to you on arrival in the UK. In view of your sponsor's current financial position and the difficulty you
may face in finding employment I am not satisfied that you and your sponsor will be able to
adequately maintain and accommodate yourselves without additional recourse to public funds. I am
therefore not satisfied that you meet the requirements of Paragraph 281 (v) of the UK Immigration
Rules.

have a look on the above link to get an idea on my application situation.

Please help what can I do now, if someone can offer me a job will I get my visa?

[John]

Nassima, that is obviously very disappointing. I think you should appeal.

As regards the mention of Public Funds, what they say is factually correct, but I think it is necessary to distinguish between two separate points ..... Public Funds ... and is the financial test passed? I think it is all too easy to mix up those two separate points.

And I think the problem for you is that the ECO who considered the application felt that the financial test was not passed. That is, if it happened to be the case (which clearly it is not) that your husband's was exactly the same as it is now, but none of that income was Public Funds, the application would still have been failed. It was failed on the quantum of that income, not the nature of that income.

When you made the application, what evidence did you include of your qualifications and work experience?

[Casa]

They haven't made any mention of your savings either. Could the ECO have missed them?

[Nassima]

Nassima, that is obviously very disappointing. I think you should appeal.

As regards the mention of Public Funds, what they say is factually correct, but I think it is necessary to distinguish between two separate points ..... Public Funds ... and is the financial test passed? I think it is all too easy to mix up those two separate points.

And I think the problem for you is that the ECO who considered the application felt that the financial test was not passed. That is, if it happened to be the case (which clearly it is not) that your husband's was exactly the same as it is now, but none of that income was Public Funds, the application would still have been failed. It was failed on the quantum of that income, not the nature of that income.

When you made the application, what evidence did you include of your qualifications and work experience?

Thanx for your answers,
John, I have included my BA degree in English, and the UK NARIC letter that states my degree is the equivalent to British Bachelors degree standard, 6 managers recommendation letters CV & certificate of work from my current employer..

[John]

As said before, I certainly think you should appeal.

[Nassima]

Thanks again John,

For the moment we are running out of time and my husband doesn't know what to do with the appeal form paper we tried to contact one lawyer and he said he is too busy, I'm not sure about the wording in the Ground of Appeal section in the appeal form, I know they think we can't support ourselves without Additional PF, I told my husband to send the form along with available documents (letter from doctor that he has Asperger Syndrome and stressed because of us being apart) and a letter from his MP stating that he supports our application (although we have submitted all of these documents and more before)
Thanks all for your help