Post
by John » Thu Jun 10, 2010 7:27 am
I think there are a number of issues here. Firstly visas. There has been mentioned that the wife will need a visa, but no mention that both of the children will also need Child Settlement visas. So we are talking about three visa applications, not one, so trebling the visa application fees.
As regards the child from the previous marriage, are we sure that the wife has Sole Responsibility for her child. If not then the Child Settlement visa will not be issued. After all the British Government does not want to being a party to any child abduction issues.
And the wife's visa? They have been married for only one year, but together over four years. Even though strictly not due it is still worth asking for the "KOL REQ" endorsement on the visa. I have known of cases where the endorsement has been granted, in these circumstances. After all, if a couple have lived together for say 3 years 11 months, then they get married, and then one month later they apply for a spouse visa, it would be daft not to give the KOL REQ endorsement, because if they had not got married then that endorsement would have been due. Go for it!
OK, having got them all here, what benefits could be claimed? Well actually, back-track a little and ask the question, can those potential benefits be taken into account to assist in passing the financial test which needs to be passed in order to get the visas. The answer to that is no, clearly! The reason for that is that para 6C of the Immigration Rules says exactly that, that such potential benefits cannot be taken into account in assessing whether the financial test is passed, or not.
OK, let's now move on, and assume that the visas have been granted and the whole family is now in the UK. Well yes, for reasons fully explained in the first pinned topic in the Claiming Benefits section of this board, there will be no problem Child Benefit being claimed by one of the parents, and Tax Credits being claimed by the couple jointly.
So to summarise, do we know if the wife has Sole Responsibility of her child? Also what are the family finances like? Is there any potential problem that the financial test might not be passed? I just have a suspicion, quite possibly wrongly, that the fact that benefits are being mentioned at this stage might mean that finances are on a knife-edge?
John