Sponsorship of spouse by third party

brit72 · Post by **brit72** » Fri Jan 08, 2010 1:27 pm

I would appreciate any advice. Am applying for husband to join me in UK from Africa. We have been together for over 3 years. However am on public funds- disability living allowance, community tax rebate, housing benefit. My sibling is happy to provide free accomodation for us in one of her properties and will testify to that. My father is happy to sponsor my spouse but he is pensioner so no big monthly salary but lots of savings/investments etc. Can he provide originals of his savings accounts, ISA's bonds etc to show he has enough to sponsor my spouse until he finds work or does it have to be someone in the family who is currently employed/ has monthly salary?

Secondly can I go on claiming MY benefits once he comes over as long as he is claiming nothing and not working yet?

Thanks very much- I appreciate all advice. Do not want to filll in the forms until am well briefed on the sitation and aware of best way to be successful!

Wanderer · Post by **Wanderer** » Fri Jan 08, 2010 1:33 pm

Third party support not allowed but accommodation can be, but it is better to pay some nominal fee for it.

Ur benefits will remain but bear in mind they are geared to support u and only u and not u and your husband, ECO are aware of that so u will need to provide concrete evidence of ur husbands employability.

batleykhan · Post by **batleykhan** » Fri Jan 08, 2010 2:36 pm

Third party support not allowed but accommodation can be, but it is better to pay some nominal fee for it.

Ur benefits will remain but bear in mind they are geared to support u and only u and not u and your husband, ECO are aware of that so u will need to provide concrete evidence of ur husbands employability.

I think you will find that at a recent court hearing, they have allowed 3rd party support ( including accom and finance).

Here is the link posted earlier on this week. How long it will last, only God knows.
http://www.gcnchambers.co.uk/gcn/news/t ... 97_and_317

Wanderer · Post by **Wanderer** » Fri Jan 08, 2010 2:44 pm

Oops - missed that!

rinav · Post by **rinav** » Fri Jan 08, 2010 2:52 pm

I thought that with that ruling it meant that you could argue 3rd party support in appeal if you were originally refused visa. In relation to a new /fresh application 3rd party is not allowed as it is not permissable in any immigration laws or guidelines for ECO's to follow. is that right or wrong??

batleykhan · Post by **batleykhan** » Fri Jan 08, 2010 4:59 pm

Its wrong. Applys to new applications as long as its a close family relative.

rinav · Post by **rinav** » Fri Jan 08, 2010 9:07 pm

Thanks for correcting me!

brit72 · Post by **brit72** » Thu Jan 21, 2010 5:02 pm

Thanks to you all. That is very helpful.

myrlabelle · Post by **myrlabelle** » Thu Jan 21, 2010 10:31 pm

how about if third party was a family friend helping out with money ?
ty!

batleykhan · Post by **batleykhan** » Thu Jan 21, 2010 11:38 pm

Its got to be close family not friends.

Casa · Post by **Casa** » Fri Jan 22, 2010 10:39 am

Batleykhan I'm not sure about this. An OISC advisor has advised that regulations remain the same and 3rd party support would be refused...but likely to be overturned if it went to appeal.

batleykhan · Post by **batleykhan** » Fri Jan 22, 2010 11:29 am

Batleykhan I'm not sure about this. An OISC advisor has advised that regulations remain the same and 3rd party support would be refused...but likely to be overturned if it went to appeal.

Why then refuse an application in the first place, only for it to be overturned 6 months later at an appeal hearing?. I dont see the logic in that.

I accept that it will take time for HO & ECO to implement changes to take this into consideration, but all that does is it creates more work for ECO and AIT and an unneceasry delay/seperation for the applicant.

I would still strongly advise new applicants that they do not solely rely on 3rd party for support to support their application just like one of the above posts.

Casa · Post by **Casa** » Fri Jan 22, 2010 12:04 pm

I very much doubt that logic figures in the ECO's thinking unfortunately.

immigrationuk2009 · Post by **immigrationuk2009** » Fri Jan 22, 2010 12:55 pm

Hi

batleykhan wrote:
Batleykhan I'm not sure about this. An OISC advisor has advised that regulations remain the same and 3rd party support would be refused...but likely to be overturned if it went to appeal.
Why then refuse an application in the first place, only for it to be overturned 6 months later at an appeal hearing?. I dont see the logic in that.

I accept that it will take time for HO & ECO to implement changes to take this into consideration, but all that does is it creates more work for ECO and AIT and an unneceasry delay/seperation for the applicant.

I would still strongly advise new applicants that they do not solely rely on 3rd party for support to support their application just like one of the above posts.

Many people have not read this case law regarding Third Party Support and are mislead.

This has not been yet amended in ECO guidelines and please be careful advising people that this is allowed.

The case on which this was allowed is completely different and would not apply on everybody.

And I have no doubt that if someone applies on third party support would be refused in first instant.

UK_Banned_Member

immigrationuk2009 · Post by **immigrationuk2009** » Fri Jan 22, 2010 12:56 pm

Casa wrote:Batleykhan I'm not sure about this. An OISC advisor has advised that regulations remain the same and 3rd party support would be refused...but likely to be overturned if it went to appeal.

Yes do agree 100%

Even in appeal you have no guarantee

UK_Banned_Member

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Sponsorship of spouse by third party

Sponsorship of spouse by third party

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