Help!

[despratehousewife]

I`m married to a Uk citzen I met him in Las Vegas in 2002 and when he came out again in 2004 we were married in about 5 days, without really giving it a single thought we jumped on a plane and came to England, me without a visa etc, nor me or my husband had any idea . We thought it was going to be simple, notify whom ever and be done....were we up for a suprise

Soon after arriving I discovered I was pregnant, during this time we went thru heaven and hell of people and advice centers on visa`s etc, we were told so many different things from we could do a change of status here in England, to having to fly back to the states to apply for a visa. I should add, that my husband is disabled and does claim public funds, plus child benefit and child tax credit.

We were going to go to Los Angeles to get my visa sorted out (we booked our flights and everything) then we were informed by someone in an immgration help center & by the local politican that if we applied for a visa in L.A the visa would be refused instantly and my entry back to England would be refused because my husband recieves public funds. There is nothing for me in states, no family, no job, no home.

We don't know what to do now, we get told so many things, all counterdicting each other. We don't even have the money to return to the states to do a quick turn around for the sake of my 6 months visa renewal.

I have 8 weeks left on my visitors visa, im breast feeding my baby, also we dont have the funds to go back to the states to apply, not at the moment.

Is they anyway to extend my stay without being illegally in the country.

Im scared to death that im going to get a knock at the door and suddenly be dragged away from my child and husband.

please help

[User]

Hi - to me, your story looks all complicated, right from the day you entered the country. You are married to a british citizen and hence you should not have come into the UK without a proper EC (Wife visa). Entering on a tourist visa (in your case, under the visa waiver programme) is really dangerous.

I am surprised that the immigration oficer at the port of entry did not ask any questions on the purpose of your visit, especially when you were travelling with your husband who is a british citizen.
If he had asked you the right questions, it would have helped you actually to know the correct law so you would not be here with problems, as you are now.


I don't want to scare you any further - but i suggest that you immediately speak to your local MP to get some help, considering you have an infant to feed.

Speaking to an immigration consultant could also help, but would prove to be costly.

I don't know what else to say. Good luck.

Wait for comments from other members in this board.

regards.

[Jeff Albright]

Unfortunately, the immigration system is "mechanic" and not "human". It works like this and does not really care about you, your baby or your husband. It is just like a piece of metal machine that you can knock but won't get any response if you don't enter the correct password.

The simplest option would be for you to go to the LA and apply for a spouse visa from there. Ask your husband to come off the benefits at least for the time necessary to get you a visa. Save a little bit of money or maybe his family would help, as well. When you are back in the country, he can then start claiming benefits again if you cannot live without them at all, however, it IS illegal in terms of immigration. After 2 years you can still apply for permanent residence. Before you apply your husband can come off the benefits again for a while and after you get your Indefinite Leave then he can start claiming again.
Even if they find out that he was claiming state support you still have good chances to remain with him and your child, and the chances are better when you are in the UK rather than abroad.
It is also worth remembering that when you are here you can come under Human Rights Article 8 which gives extra powers to allow you to remain beyond your 2 year period with your family here BUT you must make sure you have the legal status at all times.

[John]

I certainly agree with the advice you have been given here ... go back to the States and apply for visa there. But whether you go to LA, or somewhere nearer such as New York ... well I don't think that makes any difference whatsoever to your visa situation.

But I disagree with :-

Ask your husband to come off the benefits at least for the time necessary to get you a visa.

Your husband is clearly a British Citizen and there is absolutely no problem him claiming Public Funds ....for himself. What he is prohibited from doing is claiming any increase in those Public Funds because of you, but I suspect ... hope ... that he is not claiming any such increases at the moment.

The form VAF2 .... Q6.16 "Is your sponsor in receipt of public funds?" Do not think for one moment that answering "Yes" to that question will bar you from getting your spouse visa. You mention Child Benefit and Child Tax Credit ... absolutely no problem in those claims being made .... presumably as regards Child Benefit (claimed by one person only) your husband (not you) is the claimant?

Nevertheless, if the spouse visa is to be granted, it is necessary to show that you will not need to claim certain Public Funds. Is the family income sufficient to prove that? Also, accommodation .... is the accommodation you will occupy "suitable" and certainly not overcrowded? And "evidence of contact"? Don't just assume that your child proves that the marriage is real (and not a sham) ... do provide evidence that the two of you are a happily married couple.

In short ... don't skimp on the evidence that you provide in support of your application for a spouse visa.

As regards :-

also we dont have the funds to go back to the states to apply, not at the moment.

You say ... we ... there is no need for your husband to travel to the States. And no need, from the visa point of view, for your child to travel back either ... but I take the point about the feeding! How long do you intend to breastfeed for?

By the way, has your child got a British passport? If not your husband should apply for that soon. You don't want to be restricted unnecessarily.

Whilst the immigration rules are clear ... you need to go back to the States and apply for your spouse visa there ... you could make an application in the UK outside of the rules. However, at best, that will delay matters very considerably, possibly for years, and even then you might get refused. Far better to go back to the States and apply there. Also, the application fee is cheaper there .... apply in the UK and you need to pay £335 ... apply in the States and the fee is £260 .... or rather the equivalent in US currency .... currently defined as US$520. (No complaints to me about that exchange rate! I am only the messenger!)

How to apply for visa in the States? Click here.

Finally ... good luck ... hope it all works out.

[Jeff Albright]

But I disagree with :-

Ask your husband to come off the benefits at least for the time necessary to get you a visa.

Your husband is clearly a British Citizen and there is absolutely no problem him claiming Public Funds ....for himself.

Nope. This is what "we wish" but not the fact. Both the sponsor and immigrant must not claim any public money denoted in immigration rules as "public funds". If a sponsor claims benefits and an immigrant lives with them both are left to fend for themselves from the date an immigrant enters the country.
My ex-wife who was British had to come off all the benefits after I came over.

What he is prohibited from doing is claiming any increase in those Public Funds because of you, but I suspect ... hope ... that he is not claiming any such increases at the moment.

What you suspect here is correct.

[John]

Jeff, who on earth gave you that erroneous information? Suspect your ex-wife has good grounds for claiming damages for those benefits she was advised to give up!

Go to :-

Annexes

-: and then download Annex F. You will appreciate these are instructions to the staff dealing with visa applications.

In particular you can read :-

Home Office policy on public funds is that there is no objection to the British citizen/settled sponsor receiving any public funds to which he is entitled in his own right. The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant.

Not only that, Jeff, I actually know quite a number of people who have continued to claim Public Funds while their spouse was applying for a visa .... such claims to Public Funds having no detrimental effect.

[Jeff Albright]

Thanks for claryfing this, fella.

Suspect your ex-wife has good grounds for claiming damages for those benefits she was advised to give up!

Belive or not, John but I'd rather she didn't. Speaking in reality, she should have never been entitled to them anyway. She was a healthy and strong young woman who could work and earn like everyone else. This how some people like these (just because they have a title "British Citizen") waste the money you pay from your scarce earnings.

Don't know, perhaps they have changed something over these years and these new guidances are new.

Anyway thanks for this information.

[John]

People claim "Public Funds" for all sorts of reasons, and if they are entitled, why not!

A couple we know ... he was a widower with one child and making claims for Child Benefit and Child Tax Credit ... meets and marries a visa national .... until that marriage she was a widow with one child. Both her and her child granted settlement visas to move to the UK.

Even while those visa applications were being made he maintained his claims for Child Benefit and also Child Tax Credit .... those claims made absolutely no difference to the visa applications .... in accordance with the IND instructions I quoted earlier in this thread.

No one should be encouraged to make claims to which they are not entitled, but also it is totally clear that there is no need to withdraw claims being made by a British Citizen or ILR holder during the visa application process or after that.