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Marriage Registration: Regarding Unemployed Spouses (IMP)

General UK immigration & work permits; don't post job search or family related topics!

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nofx
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Marriage Registration: Regarding Unemployed Spouses (IMP)

Post by nofx » Wed May 09, 2012 3:22 pm

Hi!

Thank you all for this amazing forum!

My partner and I have been together for about 2.5 years now, She is a British national whilst i am not. I was earlier on a student visa and now PSW. Ive been employed full time since I got on the psw and earn £30K/year.

We are planning to get married next month (we got engaged in India in march 2012) and have booked an appointment with the local town council. From what i have read on here but i am not sure of :

- She is currently unemployed (its really hard finding a fulltime job in the current economical climate), she was working till last september. She has been on general benefits which is about 70 per/week.

- Do you think it will be a problem when we apply for our marriage? I can easily support the both of us till she finds a job (i get about £2500 per month pre tax).

- Does she have to go off the job seekers allowance scheme before we apply for marriage?

I would be highly grateful if someone could advice me or share some of your experiences if youve been in the same circumstance.

Cheers!

geriatrix
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Re: Marriage Registration: Regarding Unemployed Spouses (IMP

Post by geriatrix » Wed May 09, 2012 3:29 pm

nofx wrote:- Do you think it will be a problem when we apply for our marriage?
One doesn't need to be employed / earning to get married!!
Life isn't fair, but you can be!

nofx
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Re: Marriage Registration: Regarding Unemployed Spouses (IMP

Post by nofx » Wed May 09, 2012 3:36 pm

sushdmehta wrote:
nofx wrote:- Do you think it will be a problem when we apply for our marriage?
One doesn't need to be employed / earning to get married!!
Thank you for your prompt reply.

I am not sure about what the rules are, I have been reading that the person i am marrying/sponsor needs to be in employment? And what do you think about the job seekers allowance (govt funds) question.

We have been living together for the last year we share the rent, bills.

Thanks again.

nofx
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Post by nofx » Thu May 10, 2012 9:53 am

Anyone with some advice to share?..

Any help would be appreciated!

Thanks

geriatrix
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Post by geriatrix » Thu May 10, 2012 11:39 am

Life isn't fair, but you can be!

nofx
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Post by nofx » Thu May 10, 2012 12:31 pm

Thank you for youre reply. I really appreciate someone taking time out to respond to these questions.

So as i take it - the employment/job seekers allowance isnt needed or would affect us registering for marriage? The marriage town hall has asked us to get our passports and some documents to confirm our address. Do we have to take anything else with us?

I was quite concerned about this whole finances/benefits problems that could affect us being together and getting married, and never having dealt with such situations or problems i have been apprehensive and posting here for some advice.

Thanks.

geriatrix
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Post by geriatrix » Thu May 31, 2012 1:15 pm

nofx wrote:Hi

i am a non uk citizen and have been living with my fiancé who is a UK citizen for a year now, we plan to get married next month and have to go to book a date at the town hall next week.
my question is that, she was in employment till sept 2011, then her contract ended and was put on Job seekers allowance which she is on till now. i have a fulltime job and we both support each other in monthly bills (me paying more as i can afford it), Would her being on a jsa be a problem for us while applying for my ilr after we get married?

or would it be of any problem whilst we are applying to get married?

Thank you all.
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Thu May 31, 2012 1:20 pm

A British national may continue to claim any public funds that he / she is entitled to. As long as you can provide evidence that you do not need recourse to public funds to maintain the immigrant, it will not be an issue.

Claiming JSA doesn't bar an individual from getting married, just as not being employed doesn't.
Life isn't fair, but you can be!

nofx
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Post by nofx » Thu May 31, 2012 1:25 pm

sushdmehta wrote:
nofx wrote:Hi

i am a non uk citizen and have been living with my fiancé who is a UK citizen for a year now, we plan to get married next month and have to go to book a date at the town hall next week.
my question is that, she was in employment till sept 2011, then her contract ended and was put on Job seekers allowance which she is on till now. i have a fulltime job and we both support each other in monthly bills (me paying more as i can afford it), Would her being on a jsa be a problem for us while applying for my ilr after we get married?

or would it be of any problem whilst we are applying to get married?

Thank you all.

Thank you for merging the topic. I hope i get some feedback or advice..

Greenie
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Post by Greenie » Thu May 31, 2012 1:37 pm

Perhaps what you are getting confused about is whether your wife will need to be employed in order for you to apply to remain in the UK on the basis of your marriage? The answer is still no as long as (as the rules stand currently) you have enough income as a couple at least equivalent to the amount of a couple on benefits after rent/council tax have been paid.

However you mention that your fiance is claiming benefits currently - what benefits is she claiming exactly? Contribution based JSA can only usually be claimed for 6 months. After this a job seeker would need to claim income based JSA and would have to declare the income of his or her partner - if you are earning £30k a year she would not be entitled to any income based benefits.

nofx
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Post by nofx » Thu May 31, 2012 2:05 pm

Greenie wrote:Perhaps what you are getting confused about is whether your wife will need to be employed in order for you to apply to remain in the UK on the basis of your marriage? The answer is still no as long as (as the rules stand currently) you have enough income as a couple at least equivalent to the amount of a couple on benefits after rent/council tax have been paid.

However you mention that your fiance is claiming benefits currently - what benefits is she claiming exactly? Contribution based JSA can only usually be claimed for 6 months. After this a job seeker would need to claim income based JSA and would have to declare the income of his or her partner - if you are earning £30k a year she would not be entitled to any income based benefits.
Thank you greenie, that seems to have hit the the nail on the head.
I am getting confused with all this. I do not know what JSA she gets i would have to ask her. And i wasnt aware about how the rules with JSA. As of now i can support both her and myself and would have her get off the scheme. She did apply for self employment credit or something at a point too when she was made redundant from her job (shes a freelance writer)

Could her being on jsa before we get married affect my application, we have been living together for the past year. I was clearly not aware how this would affect us.

Greenie
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Post by Greenie » Thu May 31, 2012 2:15 pm

the fact that she has historically been on JSA shouldn't effect your application, however if she is in fact claiming income based JSA (not contribution based) then she is committing benefit fraud by not declaring your income in such a claim - and needs to resolve this urgently.

nofx
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Post by nofx » Thu May 31, 2012 2:23 pm

Greenie wrote:the fact that she has historically been on JSA shouldn't effect your application, however if she is in fact claiming income based JSA (not contribution based) then she is committing benefit fraud by not declaring your income in such a claim - and needs to resolve this urgently.
Thanks Greenie. I shall look into this immediately and get back here.

I appreciate you taking time out to answer my questions. Thank you.

help4uk
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Post by help4uk » Fri Jun 01, 2012 2:36 am

simple answer get married take ur certifiacte to jobcenter with ur show ur wages slip tel them to close the JBS and apply for the visa

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