Spousal Visa and Benefits

[Selphie]

Hi everyone

I have read that you can't claim benefits whilst applying for a spouse visa, but have also read that you can claim benefits but they arent allowed to change if your granted a spouse visa?

Hmmmm so would i be able to apply for a spousal visa if i was on benefits and i had the required £94 over after mortgage and council tax where taken out?

Many thanks for reading my post

[Casa]

Technically you can claim benefits, but you need to show that you have £94.95 left for you both to live on weekly after all utility bills, mortgage (or rent) and council tax have been paid.
The ECO has to be convinced that you won't need to claim more benefits once your spouse has joined you. When you have one weak area of the application...in this case finances...the rest of your application needs to be watertight! Which country will your spouse be applying from?

[Selphie]

Hi there thanks for your reply

He will be applying from America.

[Casa]

The US isn't as tough as others luckily. Make you that you cover all the other points well. Both over 21?

[Selphie]

No he's 20 thats why we need to get it in now before the new changes

Can child Maintenance be used in calculating finances?

[Casa]

Child maintenance can be included in the budget. The HO intends to bring to new regulations in by December which means that they could be in place any time up to then. Make sure you show strength and validity of relationship...contact, visits etc.

[John]

Selphie, I have moved this to the Claiming Benefits section.

Can I ask, what benefits are you claiming? And what amount of income is being received that is not benefits?

A read of some of the posts in this Claiming Benefits section will show you the background to the benefits situation.

[Selphie]

Hi there John

I claim income support because i am a single mom
Child tax credit
full council tax credit
Child benefit
Mortgage interest payments

only money i recieve that is not a benefit is child maintenance

im stuck in a benefits trap and its awful i want to work because im so bored but i would lose the help i get paying my mortgage which is £504 a month.

At present i have been accepted for a job, but if i take it then i would be losing out on money, i want to work to help my spouse visa application but im just stuck.

If i was accepted for my spouse visa then we would both be working and i would be able to come off benefits but i don't think they will take this into consideration will they?

Many thanks for all your kind help

[John]

Selphie, can I ask, how much Child Maintenance are you receiving per month?

If i was accepted for my spouse visa then we would both be working and i would be able to come off benefits but i don't think they will take this into consideration will they?

It "merely" needs to be shown that your husband will not need to claim certain Public Funds after he arrives in the UK on his spouse visa. You say he is only 20 and accordingly I conclude that he possesses no particular skill. If that is wrong, I apologise, but am I wrong? But even if he takes a job just paying NMW of £5.73, for 35 hours per week, that is now £10428 per year, and as you say, if both of you are working the amount of benefits being paid out by the Government would reduce. You would still be claiming Child Benefit, and no doubt also the "Family Element" of Child Tax Credits.

[Selphie]

I only receive £84 a month Child Maintenance, its a bit of a sore point has my ex husband has just made his company LTD and has failed to disclose the amount he pays himself in dividends to the CSA, so they are looking into this matter because i used to do my ex's books and know he picks up on average £800 a week so in theory my maintenance should be £100+ a week which would help my case considerably i think

Yes John your right my new partner has no particular skill.

Do you think it is worth trying for the spouse application with myself being on benefits or should i accept this job offer which on paper looks good but in theory with travel costs and like makes me out of pocket, i would risk it and take the job offer if i knew my partner would get his spouse visa because he would then look for work and we would be better off. But if the visa is declined then i have the worry of paying a £504 mortgage alone which is very worrying.

At present on benefits i have the required £94 cash spare weekly, has my housing needs are being looked after and i pay no council tax.

Thanks for your help and your time

[John]

Selphie, can you say :-

• if you take the job, how much will you be earning? Before any deductions? And how many hours per week will you be working? And will you need to pay for child care? If so, how much is that likely to cost?
• given that you speak of "spouse visa", when and where did the two of you get married?
• where is your husband now? And if in the UK, his UK immigration status?

[Selphie]

I would get £151.84 a week its just 26hours per week
i wouldnt pay for any childcare
We got married in america and my partner is still living there.
i would receive £68.53 per week working tax credit and £90.53 per week child tax credit.
So with my child maintenance that would give me £331.90 a week
hmmmm that seems way to much i wonder if they gave me the correct amounts when i called the tax credits

Taking into consideration all my expenses ie mortgage council tax bills etc i would be left with £521.54 monthly

[Selphie]

Does this seem enough finacially to get us the spousal visa, we need to apply soon has my partner is only 20 and it would kill us to have to wait another 11 months

[John]

i would be left with £521.54 monthly

Sorry, didn't spot your post 2 days ago.

If that figure of £521.54 is after paying the mortgage, yes that sounds fine to me.

[Selphie]

Yes thats whats remaining after all expenses have been paid

Thanks John for all your help your a godsend