Visa extention and job seekers allowance

Londoni · Post by **Londoni** » Mon Aug 18, 2008 4:47 pm

I need to apply to extend my wife's visa but my job isnt going too well and i might have to start claiming jobseekers allowance.

Will the application for visa extention be refused? or how likely?
will they refuse it because i will be be on job seekers allowance and they might think i wont be able to support her?

John · Post by **John** » Tue Aug 19, 2008 7:34 am

i might have to start claiming jobseekers allowance.

Let's first deal with the basics here. There are two types of JSA ..... contribution-based JSA and income-based JSA. Which type is it that you will be claiming?

If contribution-based JSA, you need to appreciate that that is not within the definition of "Public Funds" as in rule 6 of the Immigration Rules.

Londoni · Post by **Londoni** » Tue Aug 19, 2008 4:16 pm

its income-based, because my contribution based JSA ran out

John · Post by **John** » Tue Aug 19, 2008 6:06 pm

OK, that being the case para 6A of the Immigration Rules is in play. That is, you are not allowed to claim more i-b JSA because your wife is living there.

But can I ask, do you have any children? If the answer to that is "yes" then in fact there cannot be a problem, but if "no" do make sure that you tell them of your wife's visa status, and ensure that you only claim as a single person.

Londoni · Post by **Londoni** » Sat Aug 23, 2008 2:46 pm

thank you.

i think its a bit complicated now....

when she first came and i had to claim benefits before, someone told me not to put her name because she will not be entitled to it. I only claimed as a single person without them knowing.

should i do the same now because what if they find out, she was here from before? or should i tell them she wasnt living with me but she was living with relatives ?

John · Post by **John** » Sat Aug 23, 2008 2:59 pm

Given that you mention claiming as a single person, I presume there are no children. Would that be a correct assumption to make?

when she first came and i had to claim benefits before, someone told me not to put her name because she will not be entitled to it.

No, I think that is fine, and indeed just what you should have done, because it ensured that you would not get any extra benefit because she is living there with you.

should i do the same now

Yes!

because what if they find out, she was here from before? or should i tell them she wasnt living with me but she was living with relatives ?

Why shouldn't she live with you? Why would you need to lie about where she was living? This really is not an issue. You have not mentioned her on the application form, and that ensures you got no additional benefit in respect of her.

Londoni · Post by **Londoni** » Sat Aug 23, 2008 3:16 pm

John wrote:Given that you mention claiming as a single person, I presume there are no children. Would that be a correct assumption to make?

yes, there are no children.

when she first came and i had to claim benefits before, someone told me not to put her name because she will not be entitled to it.
No, I think that is fine, and indeed just what you should have done, because it ensured that you would not get any extra benefit because she is living there with you.

should i do the same now
Yes!

because what if they find out, she was here from before? or should i tell them she wasnt living with me but she was living with relatives ?
Why shouldn't she live with you? Why would you need to lie about where she was living? This really is not an issue. You have not mentioned her on the application form, and that ensures you got no additional benefit in respect of her.

she is actually living with me, the reason i ask that question is...she has been living all this time and i havent told the benefits agency, and if i tell them now they would ask why havent i told them before and that would put me into more trouble. (the declaration part says 'you must tell us of any changes or any one else who lives with you')

they would ask for proof of her identity by showing passport and that would uncover whole lot of new problems and trouble including the fact that she is now illegal, it could iniatiate a deportation raid if the council tells the immigration service/home office.

John · Post by **John** » Sat Aug 23, 2008 3:22 pm

Reading back through this topic, it is your wife we are talking about here. So can you explain why she is now illegal? What sort of visa did she have previously? And why no application made for a new visa?

Londoni · Post by **Londoni** » Sat Aug 23, 2008 3:33 pm

she is illegal because her spouse visa expired because we forgot to renew it.

John · Post by **John** » Sat Aug 23, 2008 3:49 pm

So she is now intending to go back to her country and apply for a new spouse visa? It is of course a criminal offence to be an overstayer, so this needs to be rectified as soon as possible.

I don't understand how anyone could forget about the visa expiry date!

Londoni · Post by **Londoni** » Sat Aug 23, 2008 3:54 pm

we are trying. We are going to do form FLR(M) from UK, i know it is a offence but we didnt do it intentionally we just put our documents in a safe place and havent looked at it until a relative phoned and asked whats her situation then we realised.

Londoni · Post by **Londoni** » Sat Aug 23, 2008 4:12 pm

so, as for applying for benefits, should i just apply in my name ?, that is not put her details on the forms?

tasha75 · Post by **tasha75** » Sat Aug 23, 2008 6:53 pm

Londoni wrote:its income-based, because my contribution based JSA ran out

Does your wife work?

Londoni · Post by **Londoni** » Sun Aug 24, 2008 12:18 pm

no, she doesnt work.

do you think its ok, should i just apply for the beneifits as if i was the only person living there?

John · Post by **John** » Sun Aug 24, 2008 2:31 pm

I am very tempted to just post :-

should i just apply for the beneifits as if i was the only person living there?

-: well yes, of course, because she won't be here, she will have returned to her country to apply for a new spouse visa.

But given you we talking of FLR(M), I shall ask this. How long ago did her spouse visa expire? Has it just expired? Or did it expire some time ago?

Londoni · Post by **Londoni** » Mon Aug 25, 2008 3:26 pm

it will be 1 year this september.

Londoni · Post by **Londoni** » Mon Aug 25, 2008 3:28 pm

John wrote:I am very tempted to just post :-

should i just apply for the beneifits as if i was the only person living there?
-: well yes, of course, because she won't be here, she will have returned to her country to apply for a new spouse visa.

But given you we talking of FLR(M), I shall ask this. How long ago did her spouse visa expire? Has it just expired? Or did it expire some time ago?

...and if she hasnt returned to her country if she is apply for and waiting for the news about FLR(M) ?

should i just apply myself only ? or should i put her name as well?

Londoni · Post by **Londoni** » Mon Aug 25, 2008 3:33 pm

(..continued frmo last post)

not because i want her to get benefit but to show she lives here with me?

i mean i dont want to get any trouble from the council or benefits people for not telling them that she lives in the flat with me before

John · Post by **John** » Mon Aug 25, 2008 7:15 pm

Her spouse visa expired nearly one year ago. You have not yet submitted the form FLR(M) .... is how I read the above. In my opinion submitting the form FLR(M) would be a total waste of time and money. She needs to return to her country as soon as possible, and then apply for another spouse visa abroad.

(Had the visa expired a week or two ago, and you suddenly realised that, yes it might be worth submitting the FLR(M), with a suitable apologetic letter, but after nearly one year, that is totally a different matter.)

That being the case, your question about benefits is easy to resolve ... she won't be in the country, will she!

Londoni · Post by **Londoni** » Sun Aug 31, 2008 12:40 pm

hello again,

just wanted to know if during her stay as it is for the time being, if she was to fall ill, become pregnant or go into labour and she went to ER or A&E, would she be asked to see her passport ? or if she wasnt able to show passport would she be refused treatment ?

(just to remind: she is an overstayer)

Londoni · Post by **Londoni** » Tue Sep 02, 2008 2:51 pm

anyone ?

Londoni · Post by **Londoni** » Tue Sep 02, 2008 6:00 pm

anyone ?

Londoni · Post by **Londoni** » Wed Sep 03, 2008 5:15 pm

hi

does anyone know?

please let me know...

impactcrew · Post by **impactcrew** » Fri Sep 05, 2008 11:41 am

Depends what type of visa u have?

In most circumstances the answer would be no to public funds but would help greatly if you tell us what type of visa u hold?

myrlabelle · Post by **myrlabelle** » Fri Nov 06, 2009 11:35 pm

when u go to hospital they do not ask for your passport!!

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Visa extention and job seekers allowance

Visa extention and job seekers allowance