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Are there ways around the 'no recourse to public funding'?

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Mrs.Graham
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Posts: 7
Joined: Wed Jul 23, 2014 5:01 pm

Are there ways around the 'no recourse to public funding'?

Post by Mrs.Graham » Wed Jul 23, 2014 8:27 pm

I have been married to my husband for a year now. He lives in the Caribbean and I live here in the UK. I am a British Citizen.

I work a full time job and just about earn the minimum financial threshold. However, I have 2 children whom are in university (but live away from home during term time - they come back every other weekend to work) and 1 child who is of secondary school age. I rent a 4-bedroom house privately. Due to this, my rent is rather high, so I get a little assistance by way of Housing Benefit. I do not get CTC or WTC. My rent is £1250 per month... I get £318 per month Housing Benefit, so I pay majority of my rent, however, I clearly do get some sort of assistance.

My question is, should me and my husband decide to apply for him to move here... would his application automatically be denied, or do they take into consideration the fact that I do not heavily rely on public funds? Do they look into mitigating circumstances... The fact that I need accommodation of this size and the fact that I am renting privately?

If they would deny it, does anyone know of a way around a situation like this?

It is becoming very frustrating and upsetting. MOving away is not really an option for me, as my grown children rely heavily on me and our home, even though they are in university. Also, my youngest is doing his GCSE's... we do not want to disrupt that. He wants to further his education and has a career path in theatre in mind. The Caribbean is not a place that blooms in that career area.

Any advice and information would be most appreciated. Thank you!

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Are there ways around the 'no recourse to public funding

Post by Wanderer » Wed Jul 23, 2014 11:12 pm

Just the income really. It's a tick box....

Foreign relationships cost a packet, it's the nature of the beast, so whilst it is disingenuous to suggest you can only embark on one if you are minted, it does focus the mind a bit.

I've been in a relationship with my partner here in UK now for nearly 12 years, aside from the visa costs she goes home to visit her family twice a year, that's at least 2 grand, possibly 3, and time home cannot be denied...
An chéad stad eile Stáisiún Uí Chonghaile....

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Are there ways around the 'no recourse to public funding

Post by MPH80 » Wed Jul 23, 2014 11:42 pm

If your gross income from the full time job is over the threshold - it'll be fine.

If you are considering the benefits to be part of your income - then it won't be as fine.

If you don't qualify under the income thresholds then the options are pretty limited unless you are also claiming DLA or carer's allowance.

I'd say they'd look like this:
a) You have the option of moving to be with him
b) trying to claim some sort of article 8 rights visa (which would likely be refused given your youngest son would be done with school by the time the process was finished)
or c) following the Surinder Singh route of relocating to Europe, bringing your husband there and then returning to the UK - but that requires relocating the centre of your life there, which wouldn't be appropriate given your youngest is in the middle of exams.

Either way - I suspect you mean the former (full time income is over the 18.6k threshold) - so I think it'll be fine.

Mrs.Graham
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Posts: 7
Joined: Wed Jul 23, 2014 5:01 pm

Re: Are there ways around the 'no recourse to public funding

Post by Mrs.Graham » Thu Jul 24, 2014 3:20 pm

Thank you for your responses. It very much appreciated.

Yes, I did mean that I earn the £18.6k, but I do also have some recourse to public funding by way of Housing Benefit. I just dont rely heavily on it. I get help with paying part of my rent. I pay my council tax and majority of the rent.

Truthfully, we keep swinging back and forth on where we are going to settle as a married couple. In terms of a better quality of life, we could have that in the Caribbean, as I could continue to run my business from there. However, the educational system there is not in-line with the quality of the UK education system, especially because my son wants to go to a specialist (performing arts) college once he has finished his GCSEs.

Thank you once again!

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