my case

[badmaash]

please could somebody give me adive to the following points

there are not hypothetical questians now

we have a absence of upto anything between 6-10 months

we arrived 2 weeks after the issue of the inital visa

both of us are not working due to myself due to sickness and my wife is a housewife

we have a small baby who has right of abode

if i was to apply for indefinate leave and then be rejected would they give me further leave instead?

and is at is the last 28 days when you do apply they could send the reply for indefinate leave after that , it would basicly make my wife a overstayer

as we have a child and he has a right of abode cert in his foreign passport can that be used for anything ?

also i intend to claim public funds for me and the child as he is not subject to any immigration rules
but my wife cant and she wont be working
can my auntie support with say 60-70 pounds as a weekly donation
by my auntie doing this will we able to pass the financial test

sorry for the hypo posts over the past few days
and do appologise to all

but thats my case

and i dont intend to cheat by the way guys

[stedman]

For a sick man you do travel a lot... that's what I'd think if I was a case worker at the BIA.

[IMMIGRATION LAWYER]

In the UK immigration law any absence of 6 or more months breaks the residency. 10 months is surely enough to break it.

I had a guy who spent 300 days outside of the UK in 5 years and who was refused settlement as WP/HSMP visas holder.

If the Home Office refuses you ILR they just give you the rigtht to appeal.

What is your and your spouse's visas/nationality ? Your child's ?

Thanks

[jimquk]

I don't have enough experience to be able to answer most of these points with any certainty. I would however encourage others to forget about all the digressions we have had and start again with this on a clean slate.

I take it it is your wife that is applying for ILR. First of all, I don't know that the financial test at this point is gone into as stringently as it is at spouse visa application; I suspect that once you have got the spouse visa, having passed the financial test, it will be assumed that you continue to meet the requirements unless there are indications to the contrary.

However, I understand from looking at other threads here recently that third-party sponsorship is no longer acceptable; perhaps instead of donating money your aunt could actually "employ" your wife. As th amount would be below the threshold for NI/tax deductions, this would be straightforward - but of course this could affect your benefit entitlements (as would a donated income) - and it would be extremely unwise not to declare this income.

You say that your baby has a right of abode. If the baby was born in the UK, he is automatically a UK citizen. I think if born abroad, the simplest procedure is simply to apply for a passport to confirm his UK citizenship.

The absencs abroad need not I would think be fatal to an ILR application, though they could leave a doubt about whether your wife was "resident" throughout the two year period. The existance of continuing joint bills for your home throughout the two years might be enough to establish this. A requirement of the spouse visa was that you had your own accommodation, it would be reasonable for you to have continued to have your own accommodation throughout.

As long as you make the ILR application before the existing leave expires - I mean as long as it is received by the Home Office before then -the existing leave will remain in force.

If it is refused, I suppose you would have the option of either appealing the refusal, or applying instead for an extension of the spouse visa, on form FLR(M) I think, with a view to applying for ILR again later. You're talking about chucking away a fair amount of money on applications - if ILR was refused because of your financial situation, FLR(M) would presumably fail for the same reason. On the other hand, if the issue was your absences from the UK, then FLR(M) might be approved.

If she was refused, they would not I think automatically offer her some other type of leave to remain. It would be down to you to apply for something else, or more likely to appeal. If the issue was your finances, it would obviously strengthen her appeal if one of you could get work before the appeal was heard. Frankly, her wish to be a housewife would attract little sympathy - one of you has to look after the child, and one of you go to work. How you arrange things is up to you, but few people are likely to agree that someone should come here and then depend on benefits unless there was some compelling reason - for example an unforeseeable personal disaster, or a traumatised refugee.

Just out of interest, what is the nature of your illness? I mean, you have been travelling around, have fathered a child (mash'Allah!), are able to apply yourself to this forum and to others immigration problems.... It would obviously be the best for both of you, and not only in terms of immigration, if you could get out of benefit dependancy.

Once again, I request others with more experience to correct or add to any of the points I have made.

Good luck

[badmaash]

thank you jim

i have contacted the enbassy and because my wifes country does not allow dual nationality then they have said that its best to apply for right of abode

so god willingly there should be no problem

as for my illness then i suffer from a illness called alwaswas al qahri

meanind obssesive comlpusive disorder(blasphemous thoughts and suicidal thoughts) and also from fatigue and coprolalia
unvoluntary obscene words coming out of my mouth with no will or intention

as regards to travelling then yes someone could think that how does a sick person travel but i do find it very difficult and i am not someone who wants to be dependant on the benefits system
so i really want to get bettter and provide for my wife and child
as for my wife my auntie could employ her thats no problem for say 16 hours a week but i dont want to lose my entitlement to income support as if i did not get better soon then it would make things more difficult
as i am out of the uk i am not taking any medication
my doctor from mental health has contacted my home but as i have been away and i am in my wifes country on a tourist visa i cant go to government doctors
as for our costs then my wifes parents help us as we live here at her family home

when i did apply for settlement visa i was not working and i dont even have my own accomodation we live at my parents house which is the family home
i showed them my mum house deeds and savings of 7k and they give the visa right away with no problems or questians asked

so will that be a problem us not having our own home ?

also at home i dont pay for anything my parents suport us from bills to food and internet the only things we buy are things like shampoo and soap
so even the benefits are more then enough for us

as for the time out abroad then we have alaways been togeather since the days we left the uk
and we was in north africa where my wifes was studying arabic
i have the visas in our passports and airline e ticket for emirates and eithad airlines

i could also tell the centre to either email or send letter by post saying we were at the centre if usefulll?

also we entered the uk 14 days after the issue date of visa as were in oman and dubai for stopover on our way to the uk

so as i hear from here that the financial test could be the problem
i mean we can show savings of upto 7k in the bank

and we could esily show upto 16k no problem

will savings satisfy them
as they are in my name but i could make the account in joint names that no problem

or if possible i can get my aunt to just give my wife in her bank 60-70 weekly thats no prob

i think maybe best to go for for FLR it seems safer

so i need some direction on what to do

[avjones]

please could somebody give me adive to the following points

Sure!

both of us are not working due to myself due to sickness and my wife is a housewife

we have a small baby who has right of abode

if i was to apply for indefinate leave and then be rejected would they give me further leave instead?

You don't meet the financial test. The time abroad isn't definitive, but could cause a problem.

as we have a child and he has a right of abode cert in his foreign passport can that be used for anything ?

You are a UK citizen, aren't you? Then your baby is also a citizen. But it doesn't help with your wife's position, much.

also i intend to claim public funds for me and the child as he is not subject to any immigration rules
but my wife cant and she wont be working

The trouble is that the income you get as a man and child is less than the income you'd get as a married couple with a child. So that means you are living on less than the income support level, and you don't meet the financial test.

can my auntie support with say 60-70 pounds as a weekly donation
by my auntie doing this will we able to pass the financial test

There is a problem there for two reasons. Firstly, 3rd party support isn't allowed for a spouse application. Secondly, that would probably count as income, meaning you would have to declare it to the DWP and lose income support.

but thats my case

and i dont intend to cheat by the way guys

Glad to hear it!

The hard truth, however, is that one of you needs to get a job. I find it very difficult to see how you can get either ILR or FLR for your wife unless one of you is earning.

I think you mentioned somewhere else that you were studying abroad for a while? Do you think you could manage to work? Otherwise, couldn't you look after the baby while your wife works? I understand she wants to stay at home, but the stark truth is that without one of you working, you are in difficulties.

[avjones]

While I was writing, you were too!

The savings would definintely help you meet the financial test.

I think it would be a good idea for you to take professional advice with all your papers etc to hand, though.

[badmaash]

ok that makes things clear
i think i will just have to tell my auntie to employ her then it seems the easy way out

will 16 hours per week at national minimum wage be ok ?

yes im a uk citizen and my child will hold a right of abode cert in his
passport as his country does not allow dual citizenship i have not applied for uk nationality


will the savings need to be my name or hers ?
we got 7k at the moment a few gifts could easily raise that 16 k which is the capital level to still be eligable for income support ?

also time away for studies do i get a letter from the center ?

and whilst i was away i did not study much due to sickness it was my wife who did the studies

wait for your reply
amanda

thank you amanda

[badmaash]

does anyone know anyhting in regards to savings issue for example i claimed for me and the kid and we declared the savings to try to pass the financial test ?

when i applied for spouse visa i can clearly remember we showed 9k of savings and i was not working either nor claiming any public funds and we were passed

so it seems savings could come to help
is that only for spouse visa
not ilr ?

[SYH]

ok that makes things clear
i think i will just have to tell my auntie to employ her then it seems the easy way out

will 16 hours per week at national minimum wage be ok ?

yes im a uk citizen and my child will hold a right of abode cert in his
passport as his country does not allow dual citizenship i have not applied for uk nationality


will the savings need to be my name or hers ?
we got 7k at the moment a few gifts could easily raise that 16 k which is the capital level to still be eligable for income support ?

also time away for studies do i get a letter from the center ?

and whilst i was away i did not study much due to sickness it was my wife who did the studies

wait for your reply
amanda

thank you amanda

Tell you aunt to employ her? Is she an employer??? Is she going to do all the paperwork involved to pay her? paye, nic, p60's insurance. I dont think so. Your case is marred with so many problems. I think you need to take a step back and not try to do this ilr in the near future and fix your situation so its more presentable in the future, with your wife working at a legitimate job.

[Docterror]

Sorry guys! Deleting this one.

[Wanderer]

ok that makes things clear
i think i will just have to tell my auntie to employ her then it seems the easy way out

will 16 hours per week at national minimum wage be ok ?

yes im a uk citizen and my child will hold a right of abode cert in his
passport as his country does not allow dual citizenship i have not applied for uk nationality


will the savings need to be my name or hers ?
we got 7k at the moment a few gifts could easily raise that 16 k which is the capital level to still be eligable for income support ?

also time away for studies do i get a letter from the center ?

and whilst i was away i did not study much due to sickness it was my wife who did the studies

wait for your reply
amanda

thank you amanda

Tell you aunt to employ her? Is she an employer??? Is she going to do all the paperwork involved to pay her? paye, nic, p60's insurance. I dont think so. Your case is marred with so many problems. I think you need to take a step back and not try to do this ilr in the near future and fix your situation so its more presentable in the future, with your wife working at a legitimate job.

I also think this is evasive, and smacks of a dodge to obtain a visa fraudulently.

[avjones]

ok that makes things clear
i think i will just have to tell my auntie to employ her then it seems the easy way out

will 16 hours per week at national minimum wage be ok ?

Hang on, your wife won't really be working for her, so that could be obtaining leave to enter or remain by deception. In addition, it would affect your benefits, check that as well.

will the savings need to be my name or hers ?
we got 7k at the moment a few gifts could easily raise that 16 k which is the capital level to still be eligable for income support ?

Doesn't matter, just in your name (or just in hers) is fine, no need to change it. It's as a couple your finances matter, not you or her separately.

also time away for studies do i get a letter from the center ?

[badmaash]

why do you want to delete ?

thank you amanda you didnt give me your opinion in regards to the letter

and its not going to be fraudullent as she will be employed

just need to know how many hours is best

or is it possible to go via the savings route , and how musch would be a good bank balance to sho w

there is no fraud involved here

[Shan12]

As previously said on here, you need to accept the reality that one of you needs to legitamitely work. You say you cannot as you are ill, well, there is no reason why your wife can't work while you look after the baby.

[badmaash]

shan please comment only when asked

[thirdwave]

Badmaash, I tried googling the condition you mentioned in your post but could not find any info on it. OCD & tic disorders are treatable conditions & there is no justification for you being long term sick because of them. I know doctors & QCs who suffer from Tourettes but work nevertheless. I cannot comment on the the quality of medical care in the country where you currently reside but I would suggest that you return to the UK as your illness can be effectively treated here. I know a lot of people abuse the benefit system quoting vague mental health conditions but please do consider taking up employment, especially as you seem to take a very dim view of people who live in council estates & claim benefits yourself.

[Administrator]

.

shan please comment only when asked

badmaash, when you post in these forums, you have asked. If you don't like the poster or the response, please ignore it.


Every member here has a right to ask, every member has a right to respond.


The basic rules here are that everyone maintain civility, please.

the Admin

[Wanderer]

I suffered from clinical depression 2000-2002, I worked all through it. In fact my Doc said my job wasn't challenging enough, so I should find a tougher one, which I did.

And my good friend in Scotland is far far worse than I was, has sufferred with extreme bi-polarity, ie, two years of happy, two years of misery, on and on sectioned himself twice, attempted suicude twice, has been on lithium, he's always worked. Same company too, even when he was sectioned.

He's a Scots lad supporting Bolton Wanderers fan, that probably caused it!

[Shan12]

shan please comment only when asked

I'm sorry if it sounded harsh, that was not my intention, but sometimes it helps to have objective viewpoints. I'm sure it is not pleasant being ill but if you let yourself dwell on all the things you and your wife can't or don't want to do instead of what you can do to help yourselves, you will end up digging yourself into a deeper rut.

[badmaash]

one of my aims to cire myself from this condition is that i may be able to work and support myself

alos look at what the WHO say about ocd that its is one of the top ten disorder which effects quality of life and earnings

also why is there incapacity benefit ?
so those who are sick can claim
but yes we must try for cure our best

are you guys those who have qualified to stay in the uk via EU route it seems are the ones who claim to earn for a living but in real fact are spounging of the soup Spam in london

rob the poor feed the rich
it seems is their motto

[busubi]

I'm curious to know your sons Nationality?

My son has a British and Japanese Passport. As Japan does not recognise dual nationality he will have to decide on his nationality when he becomes of age which is 21 in Japan. I'm sure most countries that doesn't allow dual nationality has similar systems for minors.

[badmaash]

yes they do in my sons country its 18 years ols from what i know but i dont want him to lose his rights in his home country of birth so he has to pay rob fee there is no choice as i want him to make uk the palce where he can gain usefull qualification using the education system and then go back to his country of birth and use those skills there

we plan but only god knows our destiny may he make it a good one

[Wanderer]

yes they do in my sons country its 18 years ols from what i know but i dont want him to lose his rights in his home country of birth so he has to pay rob fee there is no choice as i want him to make uk the palce where he can gain usefull qualification using the education system and then go back to his country of birth and use those skills there

we plan but only god knows our destiny may he make it a good one

So what ur saying is the UK ed system is a means to to end, like a pimp to a prostitute?

This guy need help1

On s privetam, chto ponyot' po-ruskiy..mnogo durakov zdes'...

[badmaash]

what did i do wrong ?

i also praised the uk system
dont people come to the uk to study and use their qualifications in their home country?

when a brit uses his skills abroad or is attracted by a better salary is he a traitor ?

i wait for you reply wanderer

the truth is the truth ans it is accepted from whoever it may be

reflect wanderer

its always better for us to think before we talk ?