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Spouse Visa Question

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elvis1
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Spouse Visa Question

Post by elvis1 » Sat May 14, 2005 4:39 pm

I am getting married in the summer to my Russian fiancée and am looking for some visa advice.

I currently earn around £14000 inc overtime and she is a qualified translator and foreign languages teacher. She currently works as a translator for a us company and also has teaching experience at the local languages university in her town. She also has a 4 year old son from her previous marriage. We have applied jointly to my local council as they accepted the application due to our impending marriage. I currently live with my parents.

Do you see any problems in us obtaining a spouse visa after our marriage?

Thanks

Andrew

John
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Location: Birmingham, England
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Post by John » Sat May 14, 2005 7:09 pm

Andrew, as regards the financial aspects, I don't expect a problem. Presumably settlement visas will be applied for for your wife, as she will be, and your step-son, at the same time.

As soon as your wife and step-son move to the UK it will be possible for you (and definitely not your wife) to claim Child Benefit for your step-son, and also the two of you jointly to claim Child Tax Credit. Even if the Child Tax Credit is just the family element, in round terms, the Child Benefit and Child Tax Credit will come to about £100 per month.

You will appreciate that your wife will be able to work as soon as she arrives in the UK on her spouse visa.

The accommodation? Ignoring any Spam, bathroom or toilet, or any rooms less than 50 square feet, how many rooms are there in the accommodation?

And don't overlook the "evidence of contact". Provide lots of proof that the marriage is real, and not a marriage of convenience.

As regards your step-son, does your wife have Sole Custody of him? Legal permission to remove him from Russia?
John

elvis1
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Post by elvis1 » Sun May 15, 2005 9:05 am

Hi John,

Thanks for the info.

Yes we will be applying for both visas immediately after our wedding.

My parents have a 4 bedroom house and we have jointly applied for a 2 bedroom one from the local council.

I had no idea that we could claim either of these benefits as I thought that the no recourse to public funds meant just that, we got nothing so that is really good to know.

My wife has every intention of working as soon as she feels able to do so and finds a job so the work permit is also very good news.

I dont think the contact thing will really be an issue as we are constantly in contact everyday, email, sms and telephone and we will be sending in copies of everything including my flight tickets to Russia, shopping bills and receipts for some things I bought her and restaurant meals whilst I was last with her as well as every single email we have sent each other.

Your last question is the hard one as this was never established. After her previous marriage broke down her ex took no interest in the child and pays no child support. She just got on with her life and never thought about it until we met as she thought that she would remain single. When she told him to support his child he replied that I am a lawyer remember so go take me to court and I'll make sure you get nothing. She believes that he will sign a document of permission but does not want to tell him until after we are married. I have heard though that because he pays no child support that we can easily get a court order in our favour.

Once again thanks for all of your help.

Andrew

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun May 15, 2005 9:31 am

I had no idea that we could claim either of these benefits as I thought that the no recourse to public funds meant just that, we got nothing so that is really good to know.
For Child Benefit there is a single claimant. As either parent/step-parent is able to be that claimant there is no problem with you claiming. The fact that the child has a "No recourse to Public Funds" restriction on his visa does not matter ..... he is not claiming Child Benefit ... you are! Your wife, similarly with a "No recourse to Public Funds" restriction on her visa, must not be the Child Benefit claimant.

Tax Credits .... for a couple living together the claim needs to be made jointly by the two of you. However where the couple are one person free of immigration restrictions ... you .... and one person with a restricted visa ... your wife .... small print in the Tax Credits legislation says that for Tax Credits purposes only both are treated as being as free of immigration restrictions. And it is confirmed that any such claim with your wife as joint-claimant does not breach her visa restrictions.
I don't think the contact thing will really be an issue as we are constantly in contact everyday
Of course .... don't forget to prove it in the evidence folder you will hand in in support of the visa applications.
She believes that he will sign a document of permission but does not want to tell him until after we are married.
You need to know what you are up against here. Why doesn't your wife phone the British Embassy in Moscow and ask them about the nature of the Sole Custody proof that they need? Contact information is on this webpage.

By the way, note that the application fee for each visa is currently 14300 roubles.
John

elvis1
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Posts: 16
Joined: Thu May 12, 2005 9:54 am

Post by elvis1 » Mon May 16, 2005 6:11 pm

Thanks once again for the info John it is greatly appreciated.

She has looked into this and tells me all she requires is a letter of permission or a sole custody order. There are also a few things she knows that makes her believe he will not wish to go to court and will therefore sign.

Andrew

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