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MARRIAGE VISA OUTSIDE UK

General UK immigration & work permits; don't post job search or family related topics!

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prince.07
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MARRIAGE VISA OUTSIDE UK

Post by prince.07 » Wed Dec 07, 2011 7:22 pm

I will be getting married to my British spouse soon but she is on state benefit including incapacity benefit. What is the chance of success of my spouse visa application from outside UK?

Thank you.

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Casa
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Post by Casa » Thu Dec 08, 2011 11:11 am

You'll need to show that she won't need to claim additional benefits once you join her....which may be difficult. How do you intend to support yourselves financially?

kikijon1
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Post by kikijon1 » Thu Dec 08, 2011 5:14 pm

As Casa said she will need to show (prove) that she will not need to claim additional benefits. My partner and I applied for a settlement visa last May, at the time I was claiming working tax and child tax credits as my job was not full time as I have our daughter with me, it was refused on the grounds she would not be adequately maintained or accommodated, I should have appealed as I have since found out what the minimum financial and accommodation requirements are. We are now going to apply for the family visit visa next year. I have come off working tax credits etc, increased the hours I work and taken on another job, and we will apply for settlement again in the middle of next year, making a 27 month household budget plan, showing all in-comings and outgoings to prove adequate income. You can download some good household budget plans from MS Excel.

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Casa
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Post by Casa » Fri Dec 09, 2011 10:38 am

Be prepared that the minimum level of income may well increase next year if the Government proposals are introduced...possibly from April. Before there's a rush of posts asking how much and when...this is only in the discussion stage and anything further would be pure guesswork.
kikijon1, you mention a family visit visa. In order for the application to succeed you'll need to prove that your spouse intends to return to his home country...which may be difficult due to the previous Spouse settlement visa application.

kikijon1
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Post by kikijon1 » Fri Dec 09, 2011 3:51 pm

kikijon1, you mention a family visit visa. In order for the application to succeed you'll need to prove that your spouse intends to return to his home country...which may be difficult due to the previous Spouse settlement visa application.

The last settlement application was as an unmarried partner, and she intends to re apply for this visa again after my divorce is finalised, maybe in April or May of 2012, I am living in the UK as our daughter goes to school here, she is 6, and on a recent visit to see my partner I returned with our 4 year old to the UK as well, my partner is still in her country with our 5 month old daughter, we have laid out all the reason's why she will return, and I have saved a lot of things that I have read up on regarding our kids rights etc as given out by IJs in tribunal and human rights judges in other cases. although of course we hope for a positive outcome we are prepared this time to go to appeal even if this means delaying the unmarried visa.

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