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Benefits and Fiancee Visa

Questions and discussions about claiming benefits while living and working in the UK

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Maxy
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Benefits and Fiancee Visa

Post by Maxy » Thu Jul 08, 2010 8:06 pm

Hello...

Looking for some advice, please. My long-term girlfriend (South Korean) and I are planning on getting married - we'd like to apply for settlement. However, I'm currently caring for my ill mother in the family home and I receive income support and carer's allowance. My girlfriend and I would continue living here for the foreseeable future (and my father will write a letter of support, saying he'll provide for my gf) but I'm worried that my benefits would affect her visa application...recourse to public funds, etc.

Thanks in advance for your help.

Maxy

John
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Post by John » Thu Jul 08, 2010 8:51 pm

Please say more about your fiancée. Where is she now? In her country? Or in the UK, and if so what is her UK immigration status? What sort of visa?

The ages of the two of you?
John

John
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Post by John » Fri Jul 09, 2010 10:28 am

Sorry, should have given more information - here goes.

I'm 34 and she's a South Korean national currently in South Korea; she's 36. We're thinking about applying for a fiancee settlement visa - she (hopefully) can come over and then we'll get married, after which we'll apply for FLR. She has already spent six months in the UK as a visitor and left in January of this year.

Thanks in advance.
John

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Post by John » Fri Jul 09, 2010 10:31 am

Thanks for that. When she comes over here, and after the fiancée visa has been converted into a spouse visa, what sort of work will she hope to get? Does she have any particular skills or qualifications?

Or might she start looking after your mother, and then you can go out to work? If yes, what sort of amount would you hope to earn?
John

Maxy
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Post by Maxy » Fri Jul 09, 2010 7:51 pm

John wrote:Thanks for that. When she comes over here, and after the fiancée visa has been converted into a spouse visa, what sort of work will she hope to get? Does she have any particular skills or qualifications?

Or might she start looking after your mother, and then you can go out to work? If yes, what sort of amount would you hope to earn?
Thanks for your message.

Yes, that's exactly what we've been thinking - if she comes over then she can stay at home and I can (fingers crossed) work and support the two of us. I sorely miss working but I simply can't at the moment, my mum requires 24 hour care.

As for work she could get, it would probably be hospitality; she's worked in a couple of hotels in Seoul and has good references. But she's not fussy, she knows how hard it is over here to find work so she'd be happy to do anything really. She's not qualified at anything, however.

As for me, I don't know - I've been out of the UK for a long time, several years, so I wouldn't think I'd be earning that much. Realistically, I don't know, about 16k I'd imagine.

Thanks again.

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Post by John » Fri Jul 09, 2010 8:56 pm

How much savings do the two of you have?
John

SSEF
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Post by SSEF » Fri Jul 09, 2010 10:28 pm

John wrote:How much savings do the two of you have?
Sorry to sound like a troll, but how much do you think they have in savings? He has his income support and she worked (pass tense I note from his wording) in hospitality in Korea where the average wage is below the poverty line in the UK.

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Post by John » Sat Jul 10, 2010 6:26 am

SSEF, so if they have no savings, how will they pay for the visa application? The flights to the UK?

The fact is that even someone with some savings might well still be entitled to claim Income Support.
John

Maxy
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Post by Maxy » Sat Jul 10, 2010 4:22 pm

Savings? Not a lot. My girlfriend is currently working part-time at her brother's coffee shop.

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Post by John » Tue Jul 13, 2010 6:54 pm

So after paying for the visa application, and her flight to the UK, what amount of savings are we talking about? Roughly how much?
John

Maxy
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Post by Maxy » Wed Jul 14, 2010 5:43 pm

John wrote:So after paying for the visa application, and her flight to the UK, what amount of savings are we talking about? Roughly how much?
About £1000. Not a lot.

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Post by John » Wed Jul 14, 2010 5:54 pm

Presumably with no housing costs to take into account, even that £1000 will help. But do make it clear that assuming the visa is granted, one of you will be going out to work, and that can even apply while she is still on a fiancée visa, because while she cannot do paid work at that stage, there is nothing to stop you going out to work, and her taking over the caring duties.
John

Maxy
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Post by Maxy » Wed Jul 14, 2010 7:43 pm

John wrote:Presumably with no housing costs to take into account, even that £1000 will help. But do make it clear that assuming the visa is granted, one of you will be going out to work, and that can even apply while she is still on a fiancée visa, because while she cannot do paid work at that stage, there is nothing to stop you going out to work, and her taking over the caring duties.
Thanks John. Yes, that's a good idea and something we'll definitely make clear in the application, that by being here I'll be able to go out to work while she takes over at home.

Much obliged for all your help :D

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Post by djb123 » Wed Jul 14, 2010 8:39 pm

John wrote:Presumably with no housing costs to take into account, even that £1000 will help. But do make it clear that assuming the visa is granted, one of you will be going out to work, and that can even apply while she is still on a fiancée visa, because while she cannot do paid work at that stage, there is nothing to stop you going out to work, and her taking over the caring duties.
I didn't think the rules for visas differentiated between paid work and unpaid work. Does caring for a person who at least to begin with is not even related by marriage count as work?

Maxy
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Post by Maxy » Fri Jul 16, 2010 4:16 pm

djb123 wrote:
John wrote:Presumably with no housing costs to take into account, even that £1000 will help. But do make it clear that assuming the visa is granted, one of you will be going out to work, and that can even apply while she is still on a fiancée visa, because while she cannot do paid work at that stage, there is nothing to stop you going out to work, and her taking over the caring duties.
I didn't think the rules for visas differentiated between paid work and unpaid work. Does caring for a person who at least to begin with is not even related by marriage count as work?
Thanks for all your help, everyone, it's much appreciated.

I have another question regarding my finances as the sponsor - I'm receiving benefits and have very little in the way of savings so do I still need to include my bank statments with the application?

Thanks in advance:)

John
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Post by John » Fri Jul 16, 2010 8:01 pm

Sorry, the answer is .... yes.
John

Maxy
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Post by Maxy » Fri Jul 16, 2010 8:13 pm

John wrote:Sorry, the answer is .... yes.
OK, that's fine, just so I know - thank you.

Maxy
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Post by Maxy » Mon Jul 19, 2010 3:45 pm

Hello again, just realised that no one's answered my question - if possible, could someone please let me know whether my receiving carer's allowance (classed as a public fund) means I won't be able to sponsor my girlfriend for a fiancee visa.

Thank you.

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Post by John » Mon Jul 19, 2010 4:03 pm

Given you are British (I assume, please confirm) it is not a problem you claiming those benefits. However that does not automatically mean that the financial test will be passed; that is a separate matters.
John

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Post by Maxy » Mon Jul 19, 2010 4:51 pm

John wrote:Given you are British (I assume, please confirm) it is not a problem you claiming those benefits. However that does not automatically mean that the financial test will be passed; that is a separate matters.
Thanks, John, for your reply. Yes, I am British. And I'm relieved that it's not a problem me receiving those benefits - I was worried when I just read through the funds section again.

My father has offered to support my girlfriend financially while she's here, prior to her altering her immigration status (flr (m)) but I'm concerned that my bank statements will far from impress the ECO.

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