General UK immigration & work permits; don't post job search or family related topics!
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Riz1
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by Riz1 » Wed Jul 23, 2014 5:17 pm
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MPH80
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by MPH80 » Wed Jul 23, 2014 5:38 pm
So you're already here in the UK? What type of visa are you here on?
Does the council know you've moved into the property? (this might be a more immediate threat to the benefits than a visa application!)
Does your wife claim DLA or carer's allowance for her son?
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Riz1
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by Riz1 » Wed Jul 23, 2014 6:04 pm
Yes I have moved in with my wife for last few weeks and council does not know about it and also yes my wife and her son claimant of DLA.
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Riz1
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by Riz1 » Wed Jul 23, 2014 6:10 pm
I'm on tourist visa
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Riz1
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by Riz1 » Thu Jul 24, 2014 5:12 pm
any update will be appreciated. thank you
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MPH80
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by MPH80 » Thu Jul 24, 2014 6:52 pm
There isn't an easy answer to this.
The proper route is for you to return to India/US and apply for a spouse visa. The council would need to be notified you'd be moving and provide confirmation they are ok with it. Your wife would probably just need to show adequate maintenance for you if she is in receipt of DLA herself (note - it very specifically has to be DLA). You can find a sticky post on what this means in the immigration for family members section.
If you wish to follow this route then what you must NOT do right now is anything illegal - do not work without permission. Do not overstay.
The alternative route for you is to apply under FLR(FP) - which would be an application outside the rules because you're trying to apply in country. This a) might result in 10 years to ILR rather than 5 and b) more than likely be rejected - you've only just married, and there isn't a hugely solid reason for a human rights case here.
The outcome of the FLR(FP) application will be an appeal and potentially a second appeal before you got the visa. During that entire time you'd be unable to work.
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Riz1
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by Riz1 » Sat Jul 26, 2014 4:21 am
You email was very helpful. Thank you.
Say i go back to USA and apply for the spouse visa as you said, my concern is, would my wife be still on risk loosing her benefits or not and how long the whole process will take?
thank you for you help.
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MPH80
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by MPH80 » Sat Jul 26, 2014 11:46 am
The short answer is that it depends entirely on the benefits.
Any benefits affected by household income would be affected when you started working. If you had significant savings - that might affect them. They may even be affected by the presence of multiple individuals in the house.
Any other benefits based on her individual circumstances wouldn't be.
The only way to know is to go through them one by one - and that requires you to know exactly what she's claiming - and look at the terms of them online.
The process of properly claiming a spouse visa should take somewhere in the region of 3 months-ish end-to-end. It may take up to 6 months.
The alternative route may take years and you'd both be living just on her benefits.
Keep in mind that if you overstay (to do the FLR(FP) application) and your situation starts to get looked at in detail - they may also look at what she's claiming rather carefully. Government agencies still tend to operate in silos - but they are getting better than ever at joining the dots.