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COA, Marriage - Help please

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manny2009
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COA, Marriage - Help please

Post by manny2009 » Thu Jun 04, 2009 12:34 am

Hi,


I have got married to my girlfriend, so I am quite happy, but I now need to know the next steps.

Here are the background details.

I am here on a 2 years WHM, which expires soon (Jan 2010).

My wife has ILR and has been in the country for around 4 years. She is divorced and is claiming housing benefit. She was claiming this before we met.

I would like to know can I convert myself, instead of using a solicitor, I am asking this, because I would like to save some money.

Do I need to apply for a settlement visa? What documents would I need?

Does my wife need to stop the housing benefit?

Any help would be welcomed

thank you

Manny

vinny
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Post by vinny » Thu Jun 04, 2009 1:47 am

You may switch to FLR(M) (285). If the housing benefit is for a single person, then you should be okay.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

manny2009
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Post by manny2009 » Thu Jun 04, 2009 2:31 am

vinny wrote:You may switch to FLR(M) (285). If the housing benefit is for a single person, then you should be okay.
The housing benefit is in her name and I am moving in with her next week.

This FLR(M) form, is this a "Spousal Visa"?

I have 6 months left on my current WHM, can I do all of this "switching" stuff while I am here in the UK?

I shall read the links you provided me and get back.

Thank you. I want to make this application myself, so that we can save some money, solicitor is charging £700 + VAT (excluding fees) for doing this.

Wanderer
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Post by Wanderer » Thu Jun 04, 2009 8:14 am

If u move in with her - she'll have to tell the HB people that another adult is living in the house - if u r working it will reduce or remove her HB.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Post by Casa » Thu Jun 04, 2009 12:29 pm

Are you both over 21?

manny2009
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Post by manny2009 » Thu Jun 04, 2009 4:07 pm

Wanderer - Thats ok. I don't want us to do anything which breaks the law. I am currently staying with my auntie, but I know that its time for me to go. On the FLR form it asks for some documents, do these documents have to from the same address for both of us?

Or can I apply now (from my aunties address) while I am still at my aunties house and then move in with her?

I have read the form, it seems quite simple.

We are both working, I am working fulltime, while she is working part time.

Casa - Yes we are both over 21. (just curious why did you ask??)

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Post by Casa » Thu Jun 04, 2009 4:27 pm

Because you wouldn't be able to apply for a spouse visa if you weren't. :roll:
If you aren't living with your wife when you apply for FLR(M) and are still living with your Auntie, the Home Office may query this as they will expect you to be living together 'as man and wife'. The important issue in the application is to prove (apart from finances) that the relationship is genuine, and not just a means to remain in the UK.
You say that you're working full time....you haven't worked in excess of the permitted period on the WHV?

manny2009
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Post by manny2009 » Fri Jun 05, 2009 1:40 am

Casa wrote:Because you wouldn't be able to apply for a spouse visa if you weren't. :roll:
If you aren't living with your wife when you apply for FLR(M) and are still living with your Auntie, the Home Office may query this as they will expect you to be living together 'as man and wife'. The important issue in the application is to prove (apart from finances) that the relationship is genuine, and not just a means to remain in the UK.
You say that you're working full time....you haven't worked in excess of the permitted period on the WHV?
I am actually moving in with her next week Tuesday. I was only staying with my auntie because she initially sponsored me for my WHM and being the lovely soul she is, she let me stay with her rent free. Infact I have to insist she takes some money from me as I feel bad.

So what you are saying is that I have to have my bank statements, and other documents at our new address, otherwise they might reject my application?

My concern was that all my letters, bank statements, etc have my aunties address. I have changed the addresses on most of them which I could remember. I was hoping to make this FLR application asap.

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Casa
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Post by Casa » Fri Jun 05, 2009 8:41 am

You're going to have a least some documentation showing that you're living together. It will look strange if you married (how long ago?) and haven't been living together since the wedding. Upsetting your Aunty will appear to be a weak excuse...what about your wife! :roll:

manny2009
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Post by manny2009 » Fri Jun 05, 2009 2:11 pm

Casa wrote:You're going to have a least some documentation showing that you're living together. It will look strange if you married (how long ago?) and haven't been living together since the wedding. Upsetting your Aunty will appear to be a weak excuse...what about your wife! :roll:
lol. You got me wrong about my auntie, she won't be upset, infact she is very happy that I am about start a new life with my wife. I am not worried about that.

We got married a week ago on Thursday (yesterday). She has her parents around her flat, they are leaving on Sunday, so I can finally move all of my junk in on Monday.

I understand what you are saying, I guess I have to wait util I have three months worth of bank statements.

Problem is, my contract expires at the end of August, thats my 12 months up. I will not be working after that.

By the time I get my documents together it will be September and I will be out of work, I am worried if this will weaken my application.

My manager said he can give me a letter with a firm offer of my old job, will this help at all?.

We have found out the HB will stop after I move in next week.

we shall see what happens.

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Post by Casa » Fri Jun 05, 2009 2:28 pm

I can't see that you need 3 months bank statements...just proof that you're living together when you submit your application.

manny2009
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Post by manny2009 » Sat Jun 06, 2009 6:38 pm

Casa wrote:I can't see that you need 3 months bank statements...just proof that you're living together when you submit your application.
if you see page 13 of 17 on the FLR(M) form, section 10 - documents, it does ask for financial proof.

The documents showing the finances available to you and to any person supporting you should cover at
least the last 3 months.


Don't worry about it, I think I will instruct a solictor to sort this out.

Thank you for your help.

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Post by vinny » Sun Jun 07, 2009 12:16 am

See also Section 7 - Public funds for more details on Public funds.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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