Spouse Visa struggling to get off benefits

[jonabelly]

Hi

I have been with my Jamaican partner for 2 years and we have a 1 year old son together. I also have a 4 year old daughter from a previous relationship. We are due to get married in october. He has never been to the UK but I travel there 3 times a year for up to 1 month each time. He has previously been refused 2 visit visas to come here due to lack of evidence to show he will return home at end of visit. I am really concerned that once we are married we will be unable to be together. My daughters father has made it clear he will not let me take her to live there and it is impossible for me to completly come off benefits. I cannot earn enough to pay for child care and rent without the help of tax credits and child benefits. Will this effect our chance of getting a spouse visa for him to come here. Please advise?

[John]

For the record, what is your nationality? And if not British or EEA, what is your UK immigration status?

[jonabelly]

Hi

sorry forgot to mention that. I am British born and lived here all my life

thanks

[John]

OK, now that is clarified, why on earth do you think you need to come off benefits? You are British and perfectly entitled to claim benefits, and to continue to do so when your husband is here in the UK. However his presence in the UK might of course lead to him working and earning money, which might have an impact upon the amount of benefits you can claim.

It sounds like you are working? Is that right? Roughly how much do you earn? Also, after paying your housing costs .... rent/mortgage and Council Tax .... how much money are you left with?

You mention child care costs. How much are you paying at the moment? Even if your husband does not immediately get a paid job, him staying at home and cutting out the need to pay for child care could make a dramatic difference to your finances.

[jonabelly]

Ok, I was under the impression if I was claiming any kind of benefits he would be refused so thats handy to know. I am not working at present as I took a year out to be at home for my son, however I have worked lined up and will be starting in a few weeks but its only 22 hours a week to start at £10 a hour. I will be doing self employeed cleaning working for myself so will be able to increase the work as i go along. I will still be receiving some benefits and help towards child costs.

[John]

The point is jonabelly that if all your income is benefits, then whilst you are allowed to claim benefits, the amount of those benefits could mean that your husband will be unable to pass the financial test, to show that he will not need to claim certain Public Funds.

So I recommend that the spouse visa is not applied for until you are working, because that extra income, even if it means a reduction in benefits being received by you, will make all the difference.

When your husband gets here, what sort of work will he hope to get? Does he have any particular qualifications or skills?

[jonabelly]

Hi again

No we were not going to apply until I am working my problem is when I am working I will still need tax credits altough within 6 months I will not need any housing or council tax benefit. Before I had children I owned a cleaning company with 2 employee's, I have managed to get back 11 of my old customers (hence 22hrs 2 hrs per house) and will be able to build on this. My partner has recently gone back to college doing an evening course as a chef and is currently working as a Spam assistant. I am just trying to get a plan in action if that makes any sense? I just want to have it clear in my head what we are aiming for so I know when we are ready to apply. We have both agreed that we will not rush it and take our time to get everything right.

Thankyou for taking your time to help

Joanne