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Discretionary leave and Benefits

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romi.550
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Discretionary leave and Benefits

Post by romi.550 » Mon Apr 20, 2015 12:36 pm

Hi I applied for business visa in 2013 but it was refused because of my documents with a paragraph 320, and they banned me for 10 years, now I got married with a british citizen and have a baby boy, so I want to apply a visa with a fresh application I just want to know my wife is on full benefits, and house rent paid by council plus taking chid support as well, will benefits of my wife effect my application for a visa ??? she'e not earning anything rite now.

physicskate
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Re: Discretionary leave and Benefits

Post by physicskate » Mon Apr 20, 2015 6:17 pm

romi.550 wrote:Hi I applied for business visa in 2013 but it was refused because of my documents with a paragraph 320, and they banned me for 10 years, now I got married with a british citizen and have a baby boy, so I want to apply a visa with a fresh application I just want to know my wife is on full benefits, and house rent paid by council plus taking chid support as well, will benefits of my wife effect my application for a visa ??? she'e not earning anything rite now.
It appears that you will not qualify for a spouse visa because your spouse is not earning above £18,600. I suspect you also do not qualify under the FLR(FP) route, as you are in a relationship with your wife and your child has not lived in the UK for 7 years...

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Re: Discretionary leave and Benefits

Post by Amber » Mon Apr 20, 2015 9:59 pm

What benefits is your wife receiving?
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romi.550
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Re: Discretionary leave and Benefits

Post by romi.550 » Tue Apr 21, 2015 10:23 am

physicskate wrote:
romi.550 wrote:Hi I applied for business visa in 2013 but it was refused because of my documents with a paragraph 320, and they banned me for 10 years, now I got married with a british citizen and have a baby boy, so I want to apply a visa with a fresh application I just want to know my wife is on full benefits, and house rent paid by council plus taking chid support as well, will benefits of my wife effect my application for a visa ??? she'e not earning anything rite now.
It appears that you will not qualify for a spouse visa because your spouse is not earning above £18,600. I suspect you also do not qualify under the FLR(FP) route, as you are in a relationship with your wife and your child has not lived in the UK for 7 years...
my wife and my child are both british citizen

romi.550
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Re: Discretionary leave and Benefits

Post by romi.550 » Tue Apr 21, 2015 10:23 am

Amber wrote:What benefits is your wife receiving?
Hi thanks for your'e reply she's receiving income support, child benefits and housing beneifts

Petaltop
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Re: Discretionary leave and Benefits

Post by Petaltop » Tue Apr 21, 2015 3:34 pm

romi.550 wrote:
Amber wrote:What benefits is your wife receiving?
Hi thanks for your'e reply she's receiving income support, child benefits and housing beneifts
Then your wife can't sponsor you unless you have savings of at least 62.5 for 6 months. If you have that much then your wife needs to stop her claim for income support and housing benefits as your savings are too high for your family to have income based benefits.

romi.550
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Re: Discretionary leave and Benefits

Post by romi.550 » Wed Apr 22, 2015 12:20 pm

Petaltop wrote:
romi.550 wrote:
Amber wrote:What benefits is your wife receiving?
Hi thanks for your'e reply she's receiving income support, child benefits and housing beneifts
Then your wife can't sponsor you unless you have savings of at least 62.5 for 6 months. If you have that much then your wife needs to stop her claim for income support and housing benefits as your savings are too high for your family to have income based benefits.
Hi mate thanks for the info, what your saying is .... she needs to stop all her benefits for me to obtain a visa, even a child support ????

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CR001
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Re: Discretionary leave and Benefits

Post by CR001 » Wed Apr 22, 2015 12:30 pm

She needs to be earning an annual salary of £18,600 minimum or have savings of at least £62,500 in order for you to qualify for a spouse visa. If she has savings at such a high level, she is not entitled to benefits, that is what Petaltop is saying.

The benefits she is claiming does not make her exempt from having to meet the financial requirements.
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romi.550
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Re: Discretionary leave and Benefits

Post by romi.550 » Wed Apr 22, 2015 3:03 pm

CR001 wrote:She needs to be earning an annual salary of £18,600 minimum or have savings of at least £62,500 in order for you to qualify for a spouse visa. If she has savings at such a high level, she is not entitled to benefits, that is what Petaltop is saying.

The benefits she is claiming does not make her exempt from having to meet the financial requirements.
mite sound desperate but even if we apply under article 8 of human rights she need to have £22,400 of earnings. ??

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CR001
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Re: Discretionary leave and Benefits

Post by CR001 » Wed Apr 22, 2015 3:08 pm

A British child is not included in the calculation of the financial requirement so it is £18,600 if only you.

Are you currently in the UK or in your home country?
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romi.550
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Re: Discretionary leave and Benefits

Post by romi.550 » Wed Apr 22, 2015 4:41 pm

CR001 wrote:A British child is not included in the calculation of the financial requirement so it is £18,600 if only you.

Are you currently in the UK or in your home country?

yes I'm in the UK, she need to get off benefits and need to find a JOB asap !!

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Re: Discretionary leave and Benefits

Post by Zee ali » Wed Apr 22, 2015 10:14 pm

romi.550 wrote:
CR001 wrote:A British child is not included in the calculation of the financial requirement so it is £18,600 if only you.

Are you currently in the UK or in your home country?

yes I'm in the UK, she need to get off benefits and need to find a JOB asap !!
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