Confused, need help please-HB, Income Support, Spouse visa

[thankingyou]

I hope someone can offer me some advice as I am very anxious due to my husband's leave to remain expiring at the end of the month (Jan 2012).

I am a British citizen and have been married to my husband for over 25 years, we used to live overseas until I decided to return back to the UK 6 years ago. My husband joined me just over a year ago after he had completed his employment contract overseas.

My husband was given spouse entry clearance for 27 months and arrived 15month into his 27 month spouse visa that is expiring at the end of this month.

My husband and I are out of work, my husband has health issues and needs to go to hospital 3 times a week for treatment, I am despearately looking for a job, we have an 8year old child. I am in receipt of HB, CTB, Income support. My bank account is in the red and I have only just realised that my husband will need to make an immigration application and don't even know how I will find the money to make an application.

Please can someone advise if my husband should apply on FLR(M) for a further period of leave (since he has not yet completed his 2 years) or if he can apply on SET(M) given that we have been married for such a long time.

For both applications we need to show that my husband can support himself without additional recourse to public funds, I am very concerned that the application will get refused due to our financial situation and the number of welfare benefits I am currently receiving.

Can anyone offer advice on how we can improve our chances of success when making this immigration application given our poor financial status.

Thanks in advance.

[vinny]

Did they grant him the "KOL REQ" endorsement?

Has he satisfied KOL?

[mochyn]

your financial situation is not the primary concern of the Home Office but your continuing relationship is,
The financial aspect of the route to citizenship is met by the issuance of the spousal visa now the continuing relationship comes under scrutiny which after 25 years I would say is met.
The answer to vinny's question is now important
You can also approach the Job Centre to get a loan but you have to apply soon as it takes time to process

[thankingyou]

Thanks for your replies so far.

No, they have not given him the KOL endorsement in his visa, he was issued with the standard 27 month visa with no mention of KOL.

He has not sat the KOL. He has a Masters level qualification from overseas so I'm hoping he will be ok in the Eng Lang side of things.

Does it look like I need to make a FLR(M) application in light if the absence of KOL endorsement?

[vinny]

Yes.

[Casa]

The KOL test isn't a test of the level of English someone has. It's a test of their knowledge of life in the UK...customs, social history, politics and law.Your husband should read the study material. He'll need to pass the KOL test before applying, as ILR will be refused without it.
Regarding the FLR(M) extension he needs to make in the meantime...make sure he complies with the new A1 English test requirement...i.e that he submits evidence that his Master's degree was taught in English.