public funds rule when applyingfrom outside uk

[Elliemay]

hi, i am a british woman i married an algerian man in algeria in 2006 applied for spouse visa was denied because of past history (overstaying and working with false documents went to prision in uk) also refused on accommodation and financial basis. appealed but lost on accommodation grounds. In Dec 2007 I went to live in algeria with my husband. in june 2009 I came back to the uk for atemp sumer job and my hubby applied for a visitor visa reply in Nov 2009 denied cos of past history. When i came to uk in june i was abt eight weeks pregnant so i stayed in uk to try and get permanent job. I had the baby in Dec 09 and am now claiming child benefit, housing council tax, child tax credits and income support on account that i am separated from my husband at the moment ie we are not living together.
Finally to the questions 1. Can I continue to claim some benefits and still get him a spouse visa?
2 Which ones can i cliam?
3 If i get a job exactly how much money is considered enough to support him me and the baby
4 Can i argue that if he is here he will look after the baby andtherefore take off the childcare costs?

I have a supply job lined up and am applying for other full time jbs but without some help i dont know how i will be able to earn enough to support us as i have worked it out it will cost around £400 aweek net just to cover all the bills and buy food!!

please help if you can i would be most grateful if you need more info i am happy to give it. desperate for husband to live with us as a family but am at end of tether with applications being refused for stupid reasons.

many thanks elliemay

[mochyn]

To you may be they are stupid reasons but your husband is a criminal and it is very difficult for criminals to get visa's as most countries have plenty of criminals that are home grown and do not want to import more.
He will be very unlikely to get a job in the UK with a criminal past and if you want to be with your husband then living with him in Algeria is an alternative

[Elliemay]

Sorry didn't mean to offend the stupid reasons i was refering to were the accommodation reasons. My husband may have a criminal record but as he did his crime he also did his time and shouldn't be penalised for past mistakes there is something called the rehabilitation act to help predudice and he is highly qualified. He only worked using a false document wrong i agree but he didn't murder anyone.

if anyone else can actually help me with the info i asked for i would be very grateful, negative comments i don't need

thanks

[John]

These are quite complex issues you are asking about. Before replying in greater detail, can you please confirm that you are British? If not, what is your nationality and UK immigration status?

[Elliemay]

Hi

Yes I can confirmthati am British and live in the UK my husband is living in Algeria and has been there since May 2006.

Any positive help and advice you can give is most appreciated.

[Wanderer]

I'll have a crack!

1. Yes, in your own right and for ur child, no extra for your husband I'm afraid.

2. Child benefit, WTC/CTC, Housing benefit, all really so long as none are increased because of your husband.

3. Job or no job the figure is the same, the HO reckon for a family of three you should have £156 a week left over after all essential bills, ie rent, council tax, utilities. As you can see there lies the rub, benefits are geared to support the claimants, no extra family member. So in theory if solely on benefits the Gov reckons u need £100.95 a week surplus for the two of you, a thereby unable to support another person, therefore visa rejection. Obviously a job will make all the difference here.

4. Yes, do a financial spreadsheet showing where u'll save but bear in mind the ECO won't award the visa on the chance of something happening in the future.

By far you biggest hurdle is the prison sentence, it's not going to be easy to argue. I suggest you engage a good immigration lawyer.

[bonnie]

Ellie May, really you need to wake up and smell the coffee,he aint gonna
get a visa quick time,you best get yourself out to algeria and live happily ever after,your lucky he has not got a lifetime ban from the uk,to go into prison nowadays you have to do something very wrong,you can try your best to get your husband back to the uk legally,but you face a massive
uphill struggle,sorry,but the truth will hurt.

[John]

Elliemay, now you have confirmed you are British, and to summarise what has already been posted, you are allowed to claim all those benefits, but if those benefits are your sole income, it is highly likely that the financial test, that is, the need to show that your husband will not need to claim Public Funds, will be failed.

However if you were to find a job, the situation could be very different, even though you would still be claiming some benefits. So I strongly suggest that your husband does not apply for a spouse visa, until you have a job.

Can i argue that if he is here he will look after the baby andtherefore take off the childcare costs?

Absolutely, but of course integral in that is you getting a job. So get a job, paying for child care, and getting the Child Care element of Tax Credits, prepare a budget on that basis, and then draw up another budget showing the effect of your husband providing the child care "for free", and the way that will actually reduce the cost to the Government of that Child Care element.

[Elliemay]

Hi

Many Thanks for all the positive help that has really given me the info I couldn't find elsewhere. The idea of a budget showing the savings is a great idea I would never have thought of. Didn't do a budget last time, could have made a big difference.
I am working on finding a job. Obvisously difficult with new baby. Hope that the next time with all the help and advice you have given I will be able to get the visa for my husband.

One more question not really to do with benefits just want an opinion.
Do you think it is worth getting an immigration solicitor to prepare the application? It costs around £500 so not sure if to or not.

Will keep you posted thanks again

Elliemay