Spouse visa Extension on NOV-2016, INFO Required

[Flame8800]

Hi all Respected Mods,

I Am Due my Spouse visa extension on Nov/2016. Need advise and information if any one can provide and correct my knowledge here please,

As far as i am aware i need to provide ,

-I am aware i need my 6 Month Payslips and bank statements of same address where we will be living together.
-4 Joint Bills and 4 separate Proof of address for at least last 6 months for myself and my wife at same address.
-My Wife is not working ATM and iam above 22K yearly and we have one child (2 years old)
-I am planing to go for premium service and aware of £500 health surcharge.
-Now the complicated part.

We had family issues related to my less income and working far distance, and based on that my Wife applied for housing benefits declaring as single mother and started living with my child and herself for at least an year and i moved out.Now i have little better income and found work nearby and all family situation now seems better and we will be start living together.

I took advise from few solicitors and they suggested us that, my Wife needs to move out of housing benefit at least 6 month prior to my application in order to get my spouse visa extended/ Few Suggested 3 months !

i am aware i need to do a fresh English language test because the previous IELTS test is not valid because its validity is 2 years only , While searching i came across this.


''
New ‘A2’ level English language test requirement to be introduced for extension of leave under Appendix FM
Posted on January 22, 2016 by John Vassiliou

Partners and parents currently on the Appendix FM family visa route should be aware that as of October 2016 the government intends to introduce the requirement to pass an approved English language test at CEFR level ‘A2’ for those seeking to extend their leave by a further 2.5 years. Currently, the same ‘A1’ level pass used for the initial grant of leave is sufficient for an extension.

A further language test passed at level ‘B1’ is then required when it comes to applying for indefinite leave to remain.

Those with a high level of English would be well-advised to simply pass a suitable test at level ‘B1’ at the renewal stage in order to avoid having to sit yet another test some years down the line.

It should be noted that these changes will only affect those non-EEA nationals who do not satisfy the English language requirements in some other capacity (eg, by having completed a suitable degree, or by being a national of a majority-English-speaking country).

The government press release can be found here.

Ironically, when this press release was first posted, the government had failed to correctly spell the word ‘language’. This spelling error did not escape the attention of the media.

-If i do B1 Test now will it be suitable for my Spouse Visa extension on Nov-2016 ?
-And can i also make use of same B1 Test for my ILR when the time will come ?
-B1 Validity is for how long?

Your Advice is much appreciated. Many Thanks.

[Casa]

Yes the B1 test will qualify. However, you appear to have misunderstood the requirement for proof of joint address. The documents must cover the full 2 year period and include 6 pieces of evidence in joint names from 3 different sources spread as evenly as possible. If you don't have 6 in joint names then you will need to submit 12 in single names (6 each).
You will have to explain why your wife was claiming as a single person for 12 months during your qualifying period. If you claim to have been together during this time, she could be accused of fraud. I srongly advise you not to apply in person at a PSC, submit your application by post and explain about the time you were separated and that the marriage is now subsisting.I assume anyway, that you will have a 12 month gap where you would have no proof of joint address to submit in your name. Forget about whether your wife should be off single person benefits 6 or 3 months before you apply. She should have stopped claiming as soon as you returned. With the Home Office, honesty is always the best policy.

[Flame8800]

Thanks alot Casa as you always helpfull.

For those 12-14 months i dont have proof that i was living at that address with my wife and child because i moved out and transfer all my proof of addresses
.
But i am able to prove i was living at different address as i have all my bank statements,payslips,DVLA and all paper work of other address where i was living. As my financial situation is ok now and things are working out positive after a holiday trip with wife and child (also supporting her financially through out), iam planning to move in with my wife. but confusing part is what to tell council (as they might need my payslip to see what i earn , which i have no issue in providing) also if my wife still want to stay on benefit, which benefit will affect my Spouse FLR(M) Extension in Nov/2016.

Also Casa i search few older post by You and CR001 , is this reply in any way is related to my senario.


Unread postby maittm » Fri May 15, 2015 1:12 pm

hi
Please help
Applied as a parent for 2 British children, does my partners claim for child benefit and housing affect my application.

Many thanks
Maittm

Posts: 33
Joined: Tue May 10, 2011 5:15 pm
Location: United Kingdom
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Re: Partner claiming benefits and housing benefit
Unread postby Casa » Fri May 15, 2015 3:13 pm

Your partner can apply for benefit in their name (assuming you're the one on a visa and they're British or settled). Housing benefit can only be awarded for your spouse and children, you can't be included in the calculation.

Re: Can I Claim Benefits
Unread postby CR001 » Thu Jan 07, 2016 9:59 am

You have to declare all savings at the time when you claim any benefit. Housing benefit can only be claimed in your name at single person rate (if you qualify).

If you have children, child benefit must be claimed in YOUR name only and child tax credits must be claimed in JOINT names with your spouse.

No effect on her visa extension as long as you meet the salary/financial requirement for extension and her ILR.
Char
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.
CR001
Moderator

Posts: 12999
Joined: Thu Mar 08, 2012 10:55 pm
Location: London




Many Thanks Sir , your time and advise is much appreciated .

[Casa]

Yes it is relevant, but your wife must ensure she notifies the authority issuing the benefits as soon as you return and you will have to provide information on your income. Bear in mind that benefit fraud isn't only an immigration issue, it is also a criminal offence.
You MUST declare the time spent apart in your visa application and explain that you are now living together again. Withholding this will be seen as deception and could result in a refusal.

[Flame8800]

Dear Casa,

Thank you for your response and very much appreciate your support. Going back to the situation I have moved in with my wife and kids and she has informed the housing and tax credits. Everything has now been stopped from the 22 April 2016 though we are applying to universal credits as per adviced in joint names which is now in process which will include only working tax, child tax on joint names and child benefit will be on the single name. As you are aware I come under immigration control I am not eligible to any benefit. My renewal of the spouse visa is due on the 1st week of November 2016.

The problem that we are facing is that she was on a single parent benefits for two years and in the two years as i working but not financially supporting them because of my own debts needed to be cleared but I did see them when I could and treat the kids when it was possible. Now the question is will this reason be valid for her to be taking support and will it effect her or me in this
Situation where are being completely honest as we have gone through hardship.

Are there any suggestions on what we need to do to further prove our genuine relationship as we have made a fresh start together with the kids.

We would be greatful if we can get some strong advice and support as now we are so worried and if there is anyone else might have faced a similar situation can come forward for some helpful advice.

Would appreciate a fast response please

Will be waiting to hear from your impatiently. Many thanks.

[Flame8800]

Dear Casa,

i know things are very busy at your side , but Any Advice please will be much appreciated ,

Thank you

[Flame8800]

Respected Mods,

Is there Any one can advice here please, i will really appreciate your response as iam aware there are many here who can advice , please