Spouse Visa Information Required

[adeelimtiaz]

Hi,
I am from Pakistan. My wife is living in the UK and is a British passport holder. We were married 3 years ago. She is receiving public funds from the government and is living in a house whose rent is given by the government. She is receiving 95 pounds a week. She says that to apply for the spouse visa, she will need 101 pounds a week. She has applied to the government to increase her weekly income to apply for the spouse visa. She also said that she will need a bank statement of 1500 pounds.
Can she apply for the spouse visa while she is receiving public funds from the government and living in a house whose rent is given by the government?
Advice from experts needed.

[skyepark]

its 165 per week to prove she can support you, wait until someone else comments but you should have more saved up in the bank for at least 6 months. its getting strict theses days. can't she get a job?

[adeelimtiaz]

Hi,
She is saying that she has asked from proper law center that she needs 101 pounds per week to apply for spouse visa. She is not doing job because she says a lot of her benefits will be taken back by the government if she do job. Can you please give me valid website address or source on which it is written that she needs 165 pounds per week to apply for spouse visa? I will be very thankful as I am waiting from nearly three years. Any other suggestions so that she can apply for spouse visa?

[*Nazia]

Hi,
She is saying that she has asked from proper law center that she needs 101 pounds per week to apply for spouse visa. She is not doing job because she says a lot of her benefits will be taken back by the government if she do job. Can you please give me valid website address or source on which it is written that she needs 165 pounds per week to apply for spouse visa? I will be very thankful as I am waiting from nearly three years. Any other suggestions so that she can apply for spouse visa?

But wouldnt it be better if she has a job though? She will beearning more than whatever she gets on benefit, and when applying for a spouse visa you should not be claimimg public funds (some benefits that you are entitled too, like child benefit etc)

With a job she can save muchmore money and she will have enough to provide for you both once you arrive in the Uk

[adeelimtiaz]

I have said her many times to do a job but she donot agree and says that all her benefits will be taken back.
Are you sure that she cannot apply for spouse visa while on public funds?
Then why is she saying that she will apply for spouse visa when she will get 101 pounds weekly from public funds? She has applied to the government to raise her weekly amount she gets in public funds.
Can you give me any valid website address or source that she cannot apply for spouse visa on public funds?
She says that some people have come to uk on spouse visa while there spouses were getting public funds.

[Casa]

Your wife will need to show that after paying rent, council tax and any loan repayments, she has a minimum of £105.75 remaining weekly.
However, a spouse visa application is unlikely to succeed when it appears she is living solely on benefits and more importantly, would need to claim additional benefits if you joined her. In fact, she's already contacted the council to ask for her benefits to be increased.
By the way, the Government are intending to get tough over benefit claims where the claimant is able to work but chooses not to.
Also if the new proposals are implemented, there will be even tougher rules on the minimum finance level needed to sponsor a spouse visa.

[batleykhan]

The best thing you can do is to ask your wife to join you back in Pakistan.

That way she will at least be with you , because I don't see any way possible for you to join her in UK in view of her present circumstances of being unemployed and claiming benefits to live on.

[skyepark]

She doesnt want to work because this means she will get benefits, this money isnt free for everyone, it is there to support those who really need it, if she is educated she can earn a lot more in a job then she can get in benefits. UK is cutting down benefits, there is no way they will give her more benefits just to apply for a spouse visa! Why would they? people and the government do not want people to come here and not work, its a small country. The laws in this country are also due to change very soon, especially in benefits and immigration entry requirements. I agree with Batley Khan its better she comes to live with you, i'm sure you can make a better life in Pakistan then here if you work hard enough. People are struggling here as it is.

[Greenie]

In addition to Casa's post - I would add that whilst it is correct that for most couples the requirement is £105.95 after rent/council tax (as this is the amount that a couple with no childre and no additional needs recieve if they are on income support/JSA), given that you wife recieves £95 per week this suggests that perhaps she receives more money due to an ilness or disability as income support/JSA for a single person is around £65 per week.

If this is the case then she will need to show this extra amount in additional to the £105.95 (i.e. £105.95 plus whatever she recieves for her illness.). Please can you confirm what benefits your wife actually recieves?

The point of the rules as they stand currently is that you and your wife have sufficient income and resourses so as not to have recourse to public funds. This does not mean that you wife cannot claim public funds, but rather that she cannot claim additional public funds in order to support you. I don't quite understand what you mean when you say she has 'applied to the government for more income to apply for the spouse visa' this sort of defeats the object. What additional benefit has she applied for?

[adeelimtiaz]

My wife is getting disability allowance. Now she has applied to the government to increase her weekly income. She has also attached a doctor letter with her application that she cannot work and has a back problem. She is saying that when her weekly income will be increased and reach to 105 pounds then she can apply for spouse visa. I am suffering from 3 years because of this problem. I think that the UK government should allow the spouses to join their partners in the UK because its the right of the spouse.
Is there any possibility that I get the UK spouse visa or UK nationality if she comes to Pakistan and live here for 3 or 4 years? And after that we go to UK.

[Greenie]

Is she getting Disability Living Allowance or Employment Support Allowance? £95 per week sounds more like Employment Support Allowance. What additional benefit has she applied for?

[adeelimtiaz]

She is getting disability allowance because she has got back problem. She just applied to increase her money as it is not enough for her expenditures.

[Greenie]

there is no 'disability allowance'

there is Disability Living Allowance- the rates for which you can see here, and which is paid in addition to Income Support or Employment Support Allowance - if the person receives that. DLA is not an out of work benefit and is paid to a people with disabilities whether they work or not.

there is Employment Support Allowance which is primarily a means tested benefit and is paid to those who have a limited capability of working due to their illness or disability.

you need to find out exactly what your wife is receiving and what 'element' of the benefit she is receiving - for example - DLA has a 'care element' and a 'mobility element' - recipients can recieve on or both. ESA after the initial assessment phase, is divided into 'work related activity group' or 'care group.

From the amount you have said your wife is receiving, £95 per week - this sounds more like ESA rather than DLA if you look at the rates.

DLA can be used to help meet the maintennce requirement for the spouse applying for the visa, for example if you wife recieves the care element of DLA but would use that money to give to you to care for her rather than pay a carer. However, it is not clear from what you have said what exactly she is recieving. As already explained, if she is on ESA of £95 per week, then you would need to show more than the £105.95 pwe week as a couple because the £95 is what she is deemed to need to live on.

What benefit has your wife now applied for? there is not really an increase in ESA, but there are different rates of DLA. WHat expenditure does she have in relation to her illness?

Have you looked for work, do you have any savings? It's not just about your wife's circumstances.

[adeelimtiaz]

She is getting disability living allowance. I am working as a Freelancer.

[adeelimtiaz]

My wife weekly money is increased to 101 pounds.

[Lushy79]

Hey i am in the same possition im a brittish female and married to an indian, i was working for 5 yrs at the same job ive been married 2 years he was illegal. We had a baby and decided for him to go back to india to apply for a spouse visa as he was refused in the uk. In the first few months of him living back home i had to leave my job. So im now claiming income support and child benifit and child tax credits which is £416 a fortnight. Which is more than enough to live. Anyway if your wife can not work and doesnt get enough money you need a third party sponser who can prove they can support you. Also you need a job offer letter for when you arrive back in the uk. And proof that its legit. Im wondering has anyone got there visa whilst there brittish partner are claiming public funds with no job offer letter or 3rd party sponser ?. You do no that you have to do the english test and tons of complicated stuff to get here. Get a solicitor she will get legal aid for free.

Lynda

[Casa]

This thread is 4 months old! For applications submitted after the 9th July, third party support will no longer be accepted.

[Lushy79]

This thread is 4 months old! For applications submitted after the 9th July, third party support will no longer be accepted.

Hey where did you here this information ive just had my husbands sponser decleration attested by an immagration judge and he never mentioned this neither did my immigration solicitor??? Ive searched the internet about what you said. I only found in the new rule changes that the sponser needs to earn £25000 or more to sponser.

[Greenie]

This thread is 4 months old! For applications submitted after the 9th July, third party support will no longer be accepted.

Hey where did you here this information ive just had my husbands sponser decleration attested by an immagration judge and he never mentioned this neither did my immigration solicitor??? Ive searched the internet about what you said. I only found in the new rule changes that the sponser needs to earn £25000 or more to sponser.

para 83(m) of the SOI states that 3rd party support won't be permitted under the new rules.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

when is your husband making his application?
the sponsor does not need to be earning £25000, it is £18,600 unless children are also being sponsored.

[Lushy79]

This thread is 4 months old! For applications submitted after the 9th July, third party support will no longer be accepted.

Hey where did you here this information ive just had my husbands sponser decleration attested by an immagration judge and he never mentioned this neither did my immigration solicitor??? Ive searched the internet about what you said. I only found in the new rule changes that the sponser needs to earn £25000 or more to sponser.

para 83(m) of the SOI states that 3rd party support won't be permitted under the new rules.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

when is your husband making his application?
the sponsor does not need to be earning £25000, it is £18,600 unless children
are also being sponsored.

We dont no when he is able to apply as he is waiting on his passport. Before he gets his passport he is waiting on confirmation from the uk to confirm his travel document was issued here. Im going to india on the 25th june. If this is true about third party sponser not being accepted i have to leave my daughter with him and come back to uk and try find a job. I cried myself to sleep last night because you told me this. All day im struggling to keep it together for me and my 2 girls. He is gauranteed a job here if he gets back.

Thankyou for your time
Lynda

[pazpatel]

This thread is 4 months old! For applications submitted after the 9th July, third party support will no longer be accepted.

Hey where did you here this information ive just had my husbands sponser decleration attested by an immagration judge and he never mentioned this neither did my immigration solicitor??? Ive searched the internet about what you said. I only found in the new rule changes that the sponser needs to earn £25000 or more to sponser.

para 83(m) of the SOI states that 3rd party support won't be permitted under the new rules.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

when is your husband making his application?
the sponsor does not need to be earning £25000, it is £18,600 unless children
are also being sponsored.

We dont no when he is able to apply as he is waiting on his passport. Before he gets his passport he is waiting on confirmation from the uk to confirm his travel document was issued here. Im going to india on the 25th june. If this is true about third party sponser not being accepted i have to leave my daughter with him and come back to uk and try find a job. I cried myself to sleep last night because you told me this. All day im struggling to keep it together for me and my 2 girls. He is gauranteed a job here if he gets back.

Thankyou for your time
Lynda

Please explain your exact situation and also your husbands situation

[Lushy79]

Hey where did you here this information ive just had my husbands sponser decleration attested by an immagration judge and he never mentioned this neither did my immigration solicitor??? Ive searched the internet about what you said. I only found in the new rule changes that the sponser needs to earn £25000 or more to sponser.

para 83(m) of the SOI states that 3rd party support won't be permitted under the new rules.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

when is your husband making his application?
the sponsor does not need to be earning £25000, it is £18,600 unless children
are also being sponsored.

We dont no when he is able to apply as he is waiting on his passport. Before he gets his passport he is waiting on confirmation from the uk to confirm his travel document was issued here. Im going to india on the 25th june. If this is true about third party sponser not being accepted i have to leave my daughter with him and come back to uk and try find a job. I cried myself to sleep last night because you told me this. All day im struggling to keep it together for me and my 2 girls. He is gauranteed a job here if he gets back.

Thankyou for your time
Lynda

Please explain your exact situation and also your husbands situation

My husband entered illegaly into the uk 8 years ago i met him 2 years ago and got married and had a baby girl i have a 12 year old daughter aswel. My husband got refused a visa here so we decided for him to go back to india. His passport was expirered and he got the uk home office to issue him a travel document to go back home. I was working i love working and am not a lazy woman. But my pregnancy has gave me bad hips and back problems and had depresion wen my husband went back to india so i just left work. I have no family at all here and only 1 friend. So its very hard. Anyway now that in not working our whole file is currently being changed by the solicitor who has just informed me what you said to me bout third party sponser. My husband has been waiting for confirmation that his travel document was issued in london before they give him his passport in india its been 5 weeks now and still no confirmation. Ive got an mp to send a letter to high comission in london. Still nothing. Ive heard it can take up to a year to get an indian passport.
My husband has a job to come back to infact there is 3 job offers for him i could have one of them. If my husband did not leave the uk i would probs still be working. I was to sore to work then come home and run around after a baby. My family and life have been ripped apart so im going to india with the baby and im having to leave my 12 year old with my mum who lives 2 hrs drive from me and my daughter starting high school whilst im away. If he gets to come home i am not going to be supporting him he is going to work and build a nice life for us. He has family in the uk who brought him up as a child in india. But they came to uk and didnt have paperwork to bring him to uk. So he doesnt really no the people that well who he living with in india as all his close family are here, im in scotland his family are in birmingham. I dont unerstand how im supposed to work pay for childcare and have money to support my partner to come home. I dont no what to do now. My solicitor is goin on holiday. Im just in the process of getting the proof of job offer i have the job offer letter but need supporting documents that the buisness is doing well and they can afford to take on an employee. I dont no if i should/could leave my baby in india and come back to uk and work so im able to provide 3 months wage slips. I dont no whats the best way. I miss him so much the 2 years i was with him were the best years of my rubbish life.

[Lushy79]

para 83(m) of the SOI states that 3rd party support won't be permitted under the new rules.

http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf

when is your husband making his application?
the sponsor does not need to be earning £25000, it is £18,600 unless children
are also being sponsored.

We dont no when he is able to apply as he is waiting on his passport. Before he gets his passport he is waiting on confirmation from the uk to confirm his travel document was issued here. Im going to india on the 25th june. If this is true about third party sponser not being accepted i have to leave my daughter with him and come back to uk and try find a job. I cried myself to sleep last night because you told me this. All day im struggling to keep it together for me and my 2 girls. He is gauranteed a job here if he gets back.

Thankyou for your time
Lynda

Please explain your exact situation and also your husbands situation

My husband entered illegaly into the uk 8 years ago i met him 2 years ago and got married and had a baby girl i have a 12 year old daughter aswel. My husband got refused a visa here so we decided for him to go back to india. His passport was expirered and he got the uk home office to issue him a travel document to go back home. I was working i love working and am not a lazy woman. But my pregnancy has gave me bad hips and back problems and had depresion wen my husband went back to india so i just left work. I have no family at all here and only 1 friend. So its very hard. Anyway now that in not working our whole file is currently being changed by the solicitor who has just informed me what you said to me bout third party sponser. My husband has been waiting for confirmation that his travel document was issued in london before they give him his passport in india its been 5 weeks now and still no confirmation. Ive got an mp to send a letter to high comission in london. Still nothing. Ive heard it can take up to a year to get an indian passport.
My husband has a job to come back to infact there is 3 job offers for him i could have one of them. If my husband did not leave the uk i would probs still be working. I was to sore to work then come home and run around after a baby. My family and life have been ripped apart so im going to india with the baby and im having to leave my 12 year old with my mum who lives 2 hrs drive from me and my daughter starting high school whilst im away. If he gets to come home i am not going to be supporting him he is going to work and build a nice life for us. He has family in the uk who brought him up as a child in india. But they came to uk and didnt have paperwork to bring him to uk. So he doesnt really no the people that well who he living with in india as all his close family are here, im in scotland his family are in birmingham. I dont unerstand how im supposed to work pay for childcare and have money to support my partner to come home. I dont no what to do now. My solicitor is goin on holiday. Im just in the process of getting the proof of job offer i have the job offer letter but need supporting documents that the buisness is doing well and they can afford to take on an employee. I dont no if i should/could leave my baby in india and come back to uk and work so im able to provide 3 months wage slips. I dont no whats the best way. I miss him so much the 2 years i was with him were the best years of my rubbish life.

Even full time work some jobs dont pay 18, 600