UK resident benefits if spouse application fails

[Asgard]

Just wanted to clear up a question I have.

I am on DLA, ESA (support group), Housing Benefit and Council Tax benefit. I know that these are affected if you get married and your spouse comes to live with you. That's fine and fair enough.

However, what happens if your spouse's application to come and live in the UK fails? They are of course then not allowed to live here (only able in my case to visit me for around 2 weeks a year presently due to work), but you are still married. I assume this still affects the benefits you are having regardless of whether they live with you or are contributing anything to you or not?

What happens if (hopefully doesn't happen) THEY end up out of work in their own country? Does that still affect the UK resident's benefits here?

Thank you in advance.


Asgard

[SoHopeful]

Your benefits wont be affected until your spouse joins you in the UK.

[Asgard]

Your benefits wont be affected until your spouse joins you in the UK.

Ah, thanks for that reply.

I have been looking into moving overseas and joining her if her application fails. However, given my health situation and disabilities, it's looking very problematic for me, which is why it is preferable for her to come here.

The recent government announcement about minimum income levels has pretty much thrown our plans into disarray and has caused us to move up our plans, so that's why I have concerns about this. There's very little time left to get things done if the proposals become law and her application may miss the deadline causing the above situation and leaving us stuck apart until we can, if it is possible, work out something else. We want the romantic wedding we've been planning and time to save up to fly our relatives to it not something unromantically rushed upon us like this.


Asgard

[SoHopeful]

Yes, I can totally sympathise with you on the possible change in the law... I am job hunting to bring my husband here, and as the weeks go by the feeling of dread that our time will run out hangs over me all the time.

I hope you're in a position to apply soon.

[John]

The recent government announcement about minimum income levels has pretty much thrown our plans into disarray

What recent government announcement? There has been no announcement by the Government. What there has been is recommendations made to the Government, but as far as I am aware there is no indication whether the Government will accept those recommendations.

[Asgard]

Yes, I can totally sympathise with you on the possible change in the law... I am job hunting to bring my husband here, and as the weeks go by the feeling of dread that our time will run out hangs over me all the time.

I hope you're in a position to apply soon.

I'm sorry to hear that. It's not a good time to be looking for work given the state of the jobs market right now. And even for those who have a job, the potential effects of this proposal could negatively affect a large amount of decent people.

I really hope all goes well with you too!


Asgard

[Asgard]

The recent government announcement about minimum income levels has pretty much thrown our plans into disarray

What recent government announcement? There has been no announcement by the Government. What there has been is recommendations made to the Government, but as far as I am aware there is no indication whether the Government will accept those recommendations.

Well, you make a very good point there and perhaps I could phrased that better, so I apologise.

But I think you'll forgive many of us whatever our employment situation being scared somewhat by these proposals anyway. We all know the government wants to appear tough on immigration so it does very naturally make us worried that they may end up adopting them in some form that could affect us. And yes, there may well be challenges in the courts to such IF some form of them are taken up, but really it just causes us to worry anyway, because, well, that's how human beings react - perhaps not entirely rationally it is true - but that's the way we often are.

I notice you are a moderator, so I'd really welcome any advice you have regarding our situation - and I do have one question - if she is granted her spouse visa, does she need to come here within 3 months of receiving it? Or can she wait awhile and if so how long? She wishes if possible to stay in her job in Hong Kong for a while longer to save up some more money which is only prudent planning for the financial future after all.


Asgard

[mochyn]

The recent government announcement about minimum income levels has pretty much thrown our plans into disarray

What recent government announcement? There has been no announcement by the Government. What there has been is recommendations made to the Government, but as far as I am aware there is no indication whether the Government will accept those recommendations.

Well, you make a very good point there and perhaps I could phrased that better, so I apologise.

But I think you'll forgive many of us whatever our employment situation being scared somewhat by these proposals anyway. We all know the government wants to appear tough on immigration so it does very naturally make us worried that they may end up adopting them in some form that could affect us. And yes, there may well be challenges in the courts to such IF some form of them are taken up, but really it just causes us to worry anyway, because, well, that's how human beings react - perhaps not entirely rationally it is true - but that's the way we often are.

I notice you are a moderator, so I'd really welcome any advice you have regarding our situation - and I do have one question - if she is granted her spouse visa, does she need to come here within 3 months of receiving it? Or can she wait awhile and if so how long? She wishes if possible to stay in her job in Hong Kong for a while longer to save up some more money which is only prudent planning for the financial future after all.


Asgard

The reason that it is thought better to travel within 3 months of receiving spousal visa is that it saves you from applying for FLR as you can apply for ILR after 24 months.The longer you wait makes the likelihood of you having to apply for FLR in future.
Having lived in HK for almost 20 years before returning to the UK, I would not recommend you going to HK as you would not be entitled to any benefits until you get citizenship which takes 7 years

[Asgard]

The reason that it is thought better to travel within 3 months of receiving spousal visa is that it saves you from applying for FLR as you can apply for ILR after 24 months.The longer you wait makes the likelihood of you having to apply for FLR in future.
Having lived in HK for almost 20 years before returning to the UK, I would not recommend you going to HK as you would not be entitled to any benefits until you get citizenship which takes 7 years

Ah, I see. Thank you for clarifying that. Of course it is better to be able to apply for ILR than FLR. On the other hand I can understand her desire to save a bit more beforehand as well. Perhaps applying for ILR would be more useful though.

The lack of benefits thing in Hong Kong we are aware of. The actual application process as a spouse there appears easier than here for us to do despite it taking ultimately longer to become a citizen. However, she may have a decent job but it wouldn't be easy for me there due to medical issues and so on. As you sensibly say it isn't something that would be the best idea for me to go there. However IF the rules somehow change here, then that may be the choice that is left to us unless we can figure something else out. Hopefully that won't be an issue, but well, it's wise to prepare for various eventualities I suppose.

Thank you for your reply!


Asgard

[Asgard]

Keeping you guys updated. We are now married and about to start the visa application process. Just saw Damian Green's speech regarding possible policy on the news. Seems pretty much as expected given what's been discussed in the main thread about it above. Any idea if and when this may come into effect? Noticed some people are saying April. Only proposals at the moment, and there's still the possibility it could be contested in the courts. Whatever it is, race against time here to make sure she can join me asap!


Asgard