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Will My Application Be Successful?

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adam111
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Will My Application Be Successful?

Post by adam111 » Wed Sep 11, 2019 7:48 pm

Hi guys,

I wanted to know if you guys think my application will be sucessfull in applying for a Visa for my wife - we have no children.

I receive Carers allows so I just need to meet the "adequate maintenance" requirement.

I receive the following benefits:-

Carers Allowance: £66.15 (Weekly)
Income support: £87.60 (Every two weeks)

I used to pay my parents for rent and bills but now they have agreed to let me live in the house for free, so I can save up and look after my wife and they are happy for my wife to live in the house for free too.

Will my application be successfull with the above income and information? (on the income side of things)

Will I need some savings? If so, roughly how much will I need?

What is this statement all about???:- how much a British family unit (of equivalent size to the sponsor and their family
unit) would receive if they were in receipt of Income Support

Is the above only if you have a child?

Thank you

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Thu Sep 12, 2019 4:10 pm

Anyone, Please? :(

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seagul
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Re: Will My Application Be Successful?

Post by seagul » Thu Sep 12, 2019 6:33 pm

adam111 wrote:
Wed Sep 11, 2019 7:48 pm

I used to pay my parents for rent and bills but now they have agreed to let me live in the house for free, so I can save up and look after my wife and they are happy for my wife to live in the house for free too.
No one can predict the outcome of application. Have you updated to benefits authorities about your change of circumstances?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Thu Sep 12, 2019 7:16 pm

seagul wrote:
Thu Sep 12, 2019 6:33 pm
adam111 wrote:
Wed Sep 11, 2019 7:48 pm

I used to pay my parents for rent and bills but now they have agreed to let me live in the house for free, so I can save up and look after my wife and they are happy for my wife to live in the house for free too.
No one can predict the outcome of application. Have you updated to benefits authorities about your change of circumstances?
Yes, I have. My benefits aren't affected as I don't have savings anywhere close to £6k. :cry:


Talking about savings, does cash savings with the "adequate maintenance" route have to be from other means (gift, work etc) or can it be from benefits?

adam111
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Re: Savings

Post by adam111 » Fri Sep 13, 2019 11:00 am

Come on guys, someone must know...

Does the cash savings via the "adequate maintenance" route have to be in addition to the benefit money that that I'm saving or can I can use the benefit money that I'm saving every week as "savings"?

geoeng
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Re: Will My Application Be Successful?

Post by geoeng » Fri Sep 13, 2019 11:41 am

I'm not entirely sure I understand the question. The document linked below details the guidance on adequate maintenance including example calculations.

https://assets.publishing.service.gov.u ... x_1_7A.pdf

With regards to cash savings, they must have been held for at least 6 months prior to the date of application. The original source of these funds appears to be irrelevant so you could build up savings from not having to pay rent and use those savings once you have held them long enough to meet the adequate maintenance requirements.

Housing costs might be more of a struggle as they are defined as "the monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted". I suspect your housing costs would not be interpreted as free in this case by HO despite you not incurring any costs directly, but I could be wrong.

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Fri Sep 13, 2019 12:04 pm

geoeng wrote:
Fri Sep 13, 2019 11:41 am
. I suspect your housing costs would not be interpreted as free in this case by HO despite you not incurring any costs directly, but I could be wrong.

Thanks for the reply...

If I won't be paying anything towards housing costs (rent, morgage, council tax etc) why won't they interpret itas 'free', when my parent are more than happy to give all this info in writing to them?

geoeng
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Re: Will My Application Be Successful?

Post by geoeng » Fri Sep 13, 2019 12:21 pm

Because the rules are worded such that housing costs apply to a household that includes any other family members. Again, just how I interpret the guidance and I could be wrong. I assume HO would be concerned about a situation where your parents changed their mind or were unable to continue to provide free accommodation and they would have to ensure you could still pay housing costs with available income.

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Fri Sep 13, 2019 12:53 pm

geoeng wrote:
Fri Sep 13, 2019 12:21 pm
Because the rules are worded such that housing costs apply to a household that includes any other family members. Again, just how I interpret the guidance and I could be wrong. I assume HO would be concerned about a situation where your parents changed their mind or were unable to continue to provide free accommodation and they would have to ensure you could still pay housing costs with available income.

Thanks again geoeng.


Can anybody else confirm this is correct.

geoeng
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Re: Will My Application Be Successful?

Post by geoeng » Fri Sep 13, 2019 1:34 pm

Searching through this and other forums, it looks like there are examples of others who have applied with parents covering housing costs, so I'll walk back my previous statement a bit. Unfortunately, I cant find any cases where the original poster has come back indicating whether they have been successful or not.

Either way, an equivalent British couple (both 18+) with no children receiving no other premiums would receive £114.85 per week in income support, so you would need to meet that level as a minimum (plus any housing + council tax costs required). Any weekly shortfall would need to be made up with cash savings calculated by 143 weeks X weekly shortfall (for a 33 month entry clearance for a first time spouse visa).

adam111
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Re: Same rules for ALL three stages?

Post by adam111 » Fri Sep 13, 2019 4:57 pm

Just out of interest, do Home Office check income, weekly outgoings for Spouse Visa, Spouse Visa Extension and Indefinite Leave to Remain?


(Is it the same rules for ALL three stages?)

geoeng
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Re: Will My Application Be Successful?

Post by geoeng » Sat Sep 14, 2019 9:18 am

Yes, you will have to show you can meet the financial and accommodation requirements at each stage as the intent is typically to demonstrate that the non-British citizen can be supported without reliance on public funds. That said, once your wife has a visa, any income she earns in the UK can also be used in future applications to meet the requirements so it is generally easier applying for extensions/ILR than the initial application.

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Sat Sep 14, 2019 11:06 am

So if we have a child in the UK I can claim child benefit etc, but she can't claim for anything until she gets Indefinite Leave to Remain, correct?

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seagul
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Re: Will My Application Be Successful?

Post by seagul » Sat Sep 14, 2019 5:48 pm

adam111 wrote:
Sat Sep 14, 2019 11:06 am
So if we have a child in the UK I can claim child benefit etc, but she can't claim for anything until she gets Indefinite Leave to Remain, correct?
You can claim child benefit but only in your own name which will not affect her future visa extensions.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Sat Sep 14, 2019 5:51 pm

seagul wrote:
Sat Sep 14, 2019 5:48 pm
adam111 wrote:
Sat Sep 14, 2019 11:06 am
So if we have a child in the UK I can claim child benefit etc, but she can't claim for anything until she gets Indefinite Leave to Remain, correct?
You can claim child benefit but only in your own name which will not affect her future visa extensions.

And Child tax credits (via Universal Credits) in JOINT NAMES and even that won't affect her visa. Am I right?

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Sun Sep 15, 2019 11:11 am

I have two questions:-

1) If my wife gets a spouse visa do I have to let the benefits people know that I now have a partner (who doesn't work and doesn't have any income) and will that affect her visa?


2) Can I claim Child tax credits (via Universal Credits) in JOINT NAMES, will that affect my wife's visa?

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Mon Sep 16, 2019 9:46 am

adam111 wrote:
Sun Sep 15, 2019 11:11 am
I have two questions:-

1) If my wife gets a spouse visa do I have to let the benefits people know that I now have a partner (who doesn't work and doesn't have any income) and will that affect her visa?


2) Can I claim Child tax credits (via Universal Credits) in JOINT NAMES, will that affect my wife's visa?

Anyone???

geoeng
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Re: Will My Application Be Successful?

Post by geoeng » Mon Sep 16, 2019 10:08 am

claiming-benefits/spouse-visa-and-child ... 33173.html

You can claim whatever benefits you are entitled to as a British citizen without an impact on your wife's visa (including child tax credits).

adam111
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Re: Will My Application Be Successful?

Post by adam111 » Mon Sep 16, 2019 10:37 am

Thanks geoeng, you've been very helpful.


If my wife has a spouse visa and we have a child in the UK, when she applies for Spouse Visa Extension and Indefinite Leave to Remain via 'ADEQUATE MAINTENANCE' route, do I have to show I have enough income per week to look after my wife and BRITISH child or is is it just for the wife, as child is British so will be exempt?



Thank you

geoeng
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Re: Will My Application Be Successful?

Post by geoeng » Mon Sep 16, 2019 10:40 am

It would just be for your wife as a British child would be exempt.

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