bringing my partner to UK from Burkina Faso

Hi there
i hope someone can help us as this is a matter of some desperation.

Here's the story to put you in the picture:
I met my son's father whilst travelling in West Africa in 2002. We fell in love, and i fell pregnant rather quickly. I was married at the time and initial joy about having a child turned into panic and depression and i left Africa to think things over over here in the UK. I spent my pregnancy here, had my son. All the while his father and i were debating and finally consolidating our relationship via phone and email. He saw his son for the first time when he was 9 months old, in Switzerland. He was able to get the visa for switzerland because he used to live there with his former wife,but divorced before he was granted a permanent visa.

I am a single mother with the usual struggles that lone parents have, meaning that i am dependent on a number of state benefits. I made the choice to not go back to work during the first 2-3 years of my child's life.I am at present seeking a job.
I got divorced in june 2004, and tried to invite my son's father for a visit to the UK in March 2005, his visa was refused on the ground of insufficient funds, although i had borrowed a large amount to make it possible.

How am i as a single parent supposed to create a situation whereby the law will grant the reunification of a father and son? How am i supposed to earn a fortune to prove that i can sponsor him,when in fact his mere presence in our lives would make financial sense in itself, as it would make fulltime work possible for me initially without the burden of £1000 worth of childcare per month?(if i must not take recourse to public funds it means that i cannot receive tax credits either, i presume)

Any ideas? We are desperate to be together, our son who is now 3, is asking after his daddy, whom we visited in Burkina Faso last Christmas, and we feel so unfairly treated by the system for keeping us apart.

Any suggestions, new ideas, clarifications are welcome

Thank you

S.

How am i supposed to earn a fortune to prove that i can sponsor him

You don't need to! But it needs to be shown that he will not need to claim certain Public Funds.

You say that you are currently looking for a job. Getting that can only help your chances of a fiancé visa being issued, which is presumably what you are after?

By the way there is no problem you claiming Public Funds, such as Child Benefit and Tax Credits. It is just that your fiancé must not need to claim.

Thank you for that.
I am on housing/council tax benefit also, presumably they don't like that, at least that's what i was told by the legal centre i got my information from. Also, coming from the poorest country in West Africa, he is unlikely to come up with sufficient funds to stay here without my help. Once here, and once allowed to work he will be the most resourceful person to earn money. But initially, he will depend on me. How is that compatible with me receiving public funds...?

He is technically not my fiancé, although the plan is to get married at the very next opportunity. Will this help? I hope so. I was told that the longer we leave it the less credible our relationship becomes.

What do you think?

He is technically not my fiancé, although the plan is to get married at the very next opportunity. Will this help?

A fiancé visa is issued to enable the person to come to the UK to get married in the UK within the six months of validity of that visa. If that is not the plan, exactly what sort of visa are you proposing that he applies for?

Once here, and once allowed to work he will be the most resourceful person to earn money. But initially, he will depend on me. How is that compatible with me receiving public funds...?

Allowed to work? That depends on the type of visa he has. On a fiancé visa he will not be allowed to work, well not until after the UK marriage and the conversion of that fiancé visa into a spouse visa. Yes, on a spouse visa he will be allowed to work.

Public funds? You are allowed to claim. But as a person not working it is unlikely that your income will be sufficient to show that your fiancé (as I shall continue to call him, as I can't think of a better label for him) will not need to claim certain Public Funds.

However, once you are working, and yes with the assistance of Child Benefit, Tax Credits, maybe Housing Benefit and Council Tax Benefit, it is more likely that the financial test might be passed.

Your accommodation? Owned? Rented? What sort of accommodation? Your monthly cost of housing?

thank you very much.
so, to recap: if i get a job any time soon, the fact that i will probably carry on receiving the financial assistance of public funds incl. housing benefits should not impact on him being granted a fiancé visa?How come noone else has so far been abl to tell me this?

How long do these applications take?
He has to travel to Ghana to make his application as there is no British High commision in Burkina. It's a 2 day trip by coach.
would it be better for me to be there when he applies?
Would marrying him before applying be better?

I live in rented accommodation.

questions over questions ...

S

I live in rented accommodation.

OK, useful, but insufficient to determine whether the accommodation test is passed.

Excluding any Spam, bathroom or toilet, how many rooms in the place exceed 50 square feet in size? And assuming the visa granted, how many people will be living there? How many adults? How many children? And ages of any children?

And as it is rented, is the landlord/agent willing to issue a letter confirming that your fiancé can move in?

Would marrying him before applying be better?

Well it would make the application into a spouse visa one, and ensure that as soon as he arrives in the UK he would be able to work. It would also cut out the hassle and cost of converting a fiancé visa into a spouse visa in the UK .... cost £335 by post, or £500 in person.

How long are applications taking in Accra? Accordingly to this webpage, settlement visa applications are currently taking 11 weeks! Ouch! This webpage will be helpful. Note the application can be submitted in Kumasi, Ghana, which according to the map appears to be nearer to Burkina Faso than Accra. Also, the application can be submitted by someone on the applicant's behalf. A reliable friend in Accra or Kumasi?

would it be better for me to be there when he applies?

When merely submitting the application? No, but if you are there, for example, to get married, it will certainly do no harm. At the time of any visa interview? It is not essential you are there, but he might welcome you being there to help him at that stressful time.

But it is much more important that the evidence folder is good, and covers all the necessary points.

How come noone else has so far been abl to tell me this?

I think there is a lot of misunderstanding about this. Some people get confused between the ability of the sponsor to claim Public Funds, and the fact that those Public Funds, in isolation, will probably be insufficient to pass the financial test.

Sorry for this delayed response, something came up.

Thank you for the Kumasi tip, i will keep that in mind and for the websites, which i will study.

My 3-year old and I live in a 1-bedroom flat. Both rooms are bigger than 50 sq meters,so there is room for another adult, although in the long run a move will be necessary. There is a bathroom and a Spam. i am sure that my landlord would be happy to write a letter allowing my "fiancé" to move in.

The application folder presumably would consist of: the visa application, a letter of invitation, evidence of my financial stability (bank statements? salary slips/), copy of rental agreement, landlord's letter, my son's birth certificate(which features both parents), anything else...?

So,what you are saying re public funds is that if I was to start having an income, but was still receiving child benefit and tax credits for example to cover childcare costs, this would be regarded as acceptable and sufficent possibly because the prospect of this situation improving is there?

But in terms of his side of things: does HE have to show financial stability in his african context? He is an artist musician and a big campaigner for HIV/AIDS awareness, having set up one of the most successful charities working for this. But the money comes in in drips and drabs.

also I can't help thinking that one of the reasons for the last visa applcation failing was the combination of his hesitant English and his appearance(he has dreadlocks).

I hope you're not getting bored with my posting messages, it just seems that you are the first person to have a more positive feedback to give in this matter!

Thanks
S.