Public fund after spousal visa

[rabab]

Hi
I would like to know that if my husband is granted a spousal visa ...could I and my children get housing benefits and child benefits ? If we apply on the basis that we have 62500 pounds savings in our account with no job offer .
Could someone help please?

[Wanderer]

Hi
I would like to know that if my husband is granted a spousal visa ...could I and my children get housing benefits and child benefits ? If we apply on the basis that we have 62500 pounds savings in our account with no job offer .
Could someone help please?

No, if you have such high savings you cannot claim such benefits. Think you can claim CB not sure how savings affect tho, wait for others.

[SoHopeful]

You may be entitled to Child Benefit but with 62K savings your local Housing Benefit team will assume you can afford your rent!

[rabab]

Thanks for your replies. .I've mentioned 62500 because one of the requirements for applying for spousal visa they said we need to have 62500 in our account is that correct ? Does it mean that the 62500 need to cover all our expenses ie rent , bills , food for 3 years until the time for extending the spouse visa or does it continue to 5 years?

[Casa]

For the first 2.5 year probationary period. The same level of finance will have to be met at the next extension period of 2.5 years, but if your husband is working then joint income will be counted.
You only need to show £62,500 for the spouse visa application if you have no earnings at all. Are you working?

[rabab]

For the first 2.5 year probationary period. The same level of finance will have to be met at the next extension period of 2.5 years, but if your husband is working then joint income will be counted.
You only need to show £62,500 for the spouse visa application if you have no earnings at all. Are you working?

Thanks casa. ..we are currently outside the uk and my husband is working but when we decide to settle in the uk he has to leave his job and apply in the uk for jobs. Iam british but his not ! We have two kids, we have 62500 saving but I was wondering if during these 2.5 years we spend our saving money what will happen to the application?
Another question is , I thought that only my husband will not be entitled to public funds but from what i have understood iam with him too is that correct only our kids can get child benefits.

[rabab]

Iam not currently working

[rabab]

Could someone please answer my above questions ..thanks for your help. ☺

[Casa]

If your application relies on your savings, you can of course use these to live on but you will need to meet the same financial conditions at the 2.5 year FLR(M) renewal. i.e you aren't required to maintain this balance in your account as long as you're able to show sufficient funds for the next visa application. However, if your husband is working then his income can be included in the calculation.
You can apply for working tax and child tax credits in joint names and child benefit (if applicable) in your name. This won't affect your husband's future visa applications.
However, reading through your first post, you haven't included your two children in your savings calculation.
Where children are applying, the following amounts are required as income:
£22,400 for partner plus 1 child
An additional £2400 for each additional child.
As you have two children this has to be calculated as follows:
£22,400 + £2400 = 24.800
24,800 x 2.5 years = £62.000
+ the first £16,000 savings which aren't considered = £78,000

You'll therefore have to show you've held £78,000 in an accessible account for a minimum of 6 months.

[rabab]

If your application relies on your savings, you can of course use these to live on but you will need to meet the same financial conditions at the 2.5 year FLR(M) renewal. i.e you aren't required to maintain this balance in your account as long as you're able to show sufficient funds for the next visa application. However, if your husband is working then his income can be included in the calculation.
You can apply for working tax and child tax credits in joint names and child benefit (if applicable) in your name. This won't affect your husband's future visa applications.

Thanks Casa for your reply ...I ve read that there is a family reunion that I can apply for to bring my husband to the UK ..is it possible with my condition and what are the requirements ? do we still have to have a job or money in our account ? I appreciate your time !

[Casa]

Check my edit re savings.
Family reunions apply to refugees/asylum
https://www.gov.uk/settlement-refugee-o ... ly-reunion

[michali]

If the children are British, I was under the impression that they would not be counted in the savings requirement and that it would remain at £62,500?

If you are granted the visa based on savings, you could both work and your joint salaries would hopefully meet the income requirements (which may of course go up at some point). It would be advisable to keep as much of the savings as possible to make up any possible shortfall in employment income when the time comes to apply for FLR(M)

[Casa]

Thanks michali. I overlooked the fact that the children presumably hold BC and don't need to be accounted for in the calculation.

[rabab]

Thanks for your replies. ..OK so I want to know if I go back to the UK before my husband and apply for housing benefits with the savings that I have i.e £62500 which is in my case saved for my husbands spousal application that of course I can't use. Would I get HB or not ?
If Say the answer was yes I can get HB then my husband applies for the spouse visa and writes that he will be living with me in the accommodation without including him in the HB application. Would that be okay?

What I trying to get to is that I want the saving money for our expenditures incase me and my husband doesn't get the chance to work or not a proper job taking in account that still we need money for the next 2.5 years round.

Sorry to keep on posting but this issue is stressing me and Iam so glad I found this forum to answer my questions.

[Casa]

You won't be entitled to Housing Benefit if you have £62,500 in savings. Do you have accommodation available on your arrival in the UK which will be adequate for you all?

[rabab]

You won't be entitled to Housing Benefit if you have £62,500 in savings. Do you have accommodation available on your arrival in the UK which will be adequate for you all?

I have my parents house I can stay in , they have one bedroom free for me and my two daughters.

[rabab]

If the saving money is in his name in a bank abroad and I apply for HB would I be eligible? i.e. before he gets to the UK because I might be there before him in a year or so ...the problem is we don't want to spend the money on our expenses then when it comes to the 2.5 year we cant reach the requirements of 62.500 again. Is there away to it ? That's of course if I cant get a job and thinking about I have my daughter who is 3 years so she is not in full time education , if I work who's going to take care of her.
not sure what to do?

[Casa]

When you submit the spouse visa application, you will have to also submit your bank statements. This will show that you have been claiming Housing Benefit that you are not entitled to, due to the level of savings. Also as all Government departments share information it will be easily traceable that benefits have been claimed and savings haven't been declared to the DWP. Also, if you are living with your parents rent-free then HB wouldn't be applicable.
Are you saying that you may arrive in the UK a year ahead of your husband?
How old are your daughters? Bear in mind that one room in your parents house won't be accepted as adequate accommodation for the four of you when you submit the application. You will need to show that you have two rooms for your exclusive use.

[rabab]

Are you saying that you may arrive in the UK a year ahead of your husband?
How old are your daughters?

Yes ,Iam going ahead of my husband I will live a year before my husband submits his application .Iam talking about that year that I will live without him. I can take HB? When he applies we can stop taking HB and start renting would that be ok ?
My daughters are 3 and 6 years old.

[rabab]

Please note that our saving is in a form of a property that my husband will sell in Iraq when he submits his application.so we don't have the money now !

[Casa]

Be aware that a year for immigration purposes is a long time and the rules may be even tougher. You can't claim HB when you're holding £62,500 in savings, no matter whether they're in a foreign bank or in the UK. As these have to be held in an account for 6 months before submitting the application it will be obvious from your bank statements that you're claiming HB but not declaring your have savings. As I said in my previous post, if you are living in your parents home rent free, you won't qualify for HB even if you didn't have savings.

Your husband will need to sell the property and hold the £62,500 funds for at least 6 months before submitting the application.

[rabab]

I understand that if iam living with my parents Iam not untitled to HB but if I leave my parents for any reason ( e.g accommodation is too small) I can get HB for me and my kids right? As i will be homeless with no were to live and no income to pay rent!!

Is there any signs that the Immigration rules will get tougher?

[Casa]

How will you support yourself and your daughters during the six months prior to your husband submitting his application when you have to show the £62,500 in savings? You won't be entitled to HB during this time. I may appear harsh, but if you leave your parents home the local authority are likely to take the view that you made yourself 'intentionally homeless' which gives you no right to social housing. Private landlords have become reluctant to rent to tenants who are relying on housing benefit and the cap on the level of benefits that has now been introduced is often not enough to cover the rent. You can of course claim child benefit.
I feel you need to think through your finances carefully before you make the move back to the UK.
Regarding changes to the rules, during and after the recent General election the Government have made clear their intention to tighten up on immigration. This will include tougher English tests for foreign spouses in the UK during the probationary period.