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Parent Visa (10yr route) - eligibility for benefits or nrpf removal?

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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higgs1818
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Joined: Wed Jun 03, 2020 5:06 pm
Mexico

Parent Visa (10yr route) - eligibility for benefits or nrpf removal?

Post by higgs1818 » Wed Jun 03, 2020 5:34 pm

Has anyone had any experience with applying either for a Parent Visa (10 yr route) to include assessment for benefit entitlement, or (in a similar way) being already on a visa and requesting NRPF condition to be lifted?

My situation is a little off in the future at present. I'm currently married and on the 10 yr partner route. Been in the UK over 7 years and have a British daughter (3 years old soon). However I'm wondering about how I would manage if I separated (amicably) from my partner, and if I would be eligible to apply for a Parent Visa (10 yr route) without the NRPF condition.

My situation would be that:
* My daughter would live with me, in the Ex's flat (probably he'd still pay the mortgage as I'm not on it)
* I could only work 12 hours min. wage work (as I'd only get 15 hours free universal childcare) probably zero hours contract (So that's maybe £420 a month, if I could find work as economy and jobs are fragile due to the pandemic)
* I cannot guarantee that my (British) Ex would be able to fully support me, our British daughter and himself financially, after any possible separation, as his employment varies. (I also don't know if he'd be liable to fully support me)

Alternatively, if not granted the visa with removal of NRPF, and given my situation, if I found I was having to live by borrowing into the red on an overdraft/credit card, with clearly not the means to make a minimum threshold income, would that be reasonable grounds to the apply for NRPF removal?

Your recommendations or experience would be appreciated, in addition to any solicitors you might recommend who are familiar with this type of a case and could helpfully advise regarding eligibility.

JB007
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Joined: Sun Jan 20, 2019 2:14 pm

Re: Parent Visa (10yr route) - eligibility for benefits or nrpf removal?

Post by JB007 » Thu Jun 04, 2020 7:51 am

higgs1818 wrote:
Wed Jun 03, 2020 5:34 pm
My situation would be that:
* My daughter would live with me, in the Ex's flat (probably he'd still pay the mortgage as I'm not on it)
* I could only work 12 hours min. wage work (as I'd only get 15 hours free universal childcare) probably zero hours contract (So that's maybe £420 a month, if I could find work as economy and jobs are fragile due to the pandemic)
You can also work when your husband has his daughter.


higgs1818 wrote:
Wed Jun 03, 2020 5:34 pm
* I cannot guarantee that my (British) Ex would be able to fully support me, our British daughter and himself financially, after any possible separation, as his employment varies. (I also don't know if he'd be liable to fully support me)

He does not have to pay for you as you can work too. He can reduce the amount he gives to you for his daughter's costs, by the number of nights per week that his daughter stays with him. This is because he will be paying for her when she stay with him and you won't be paying for her on those days/nights. Both parents are expected to work and pay for their children.

If he gets custody of his daughter, then it will be you who is expected to contribute towards your daughter costs, minus the nights you have her.

Even if you can get UK benefits, you would not be allowed to work as few as 12 hours a week.

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Casa
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Re: Parent Visa (10yr route) - eligibility for benefits or nrpf removal?

Post by Casa » Thu Jun 04, 2020 10:41 am

higgs1818 wrote:
Wed Jun 03, 2020 5:34 pm

Your recommendations or experience would be appreciated, in addition to any solicitors you might recommend who are familiar with this type of a case and could helpfully advise regarding eligibility.
Under the Board Ts&Cs, members are not permitted to post professional recommendations on the open form.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

higgs1818
Newly Registered
Posts: 27
Joined: Wed Jun 03, 2020 5:06 pm
Mexico

Re: Parent Visa (10yr route) - eligibility for benefits or nrpf removal?

Post by higgs1818 » Thu Jun 04, 2020 8:08 pm

Thank you both for replying. I'll take those points into account.

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