extension visa problem cos of public fund please Help John

[Ernesto]

Dear John

I have gone through some of your massages regarding public fund when applying for ILR.
I will rally appreciate your help and very thankful as we are running out of time and our visa application getting more complex.
I am a British citizen and my wife from Philippines is the applicant.
however I am applying for a visa extension for my wife as she arrived 4 month late. her visa will expire on 15 of December so we are just trying to fill the application form,
but the section about public fund really confused me, I have called home office so many times but they never gave a cleared answer and the continue to say that I can not be on any benefit as I have to be able to support me and my wife without any public fund ,
after loosing my job I was on job seeker allowance until last month and started self employed as an electrician but because of low income, I applied for both council tax and housing benefit and I am also getting working tax credit for both me and my wife.....
I am tired of calling home office enquires line and receiving same answer that we have to be able support ourself without public fund and otherwise it may effect her application. I have even stressed that I am the one getting benefit not my wife and still I receive same answer.
I was planning to cut all the benefit that I am claiming at the moment this week so i do not tick the boxes which is about getting public fund.
I can hardly manage paying visa application fee , during current recession time, and if I cut the benefits I can not imagine how my life would be,

tonight after desperately looking for anybody with the same situation I come across this website and your massages brought a bit hope to me ,,,
I will really appreciate your advices John
please reply me as soon as you could

thanks

Ernesto

[mochyn]

Dear John

I have gone through some of your massages regarding public fund when applying for ILR.
I will rally appreciate your help and very thankful as we are running out of time and our visa application getting more complex.
I am a British citizen and my wife from Philippines is the applicant.
however I am applying for a visa extension for my wife as she arrived 4 month late. her visa will expire on 15 of December so we are just trying to fill the application form,
but the section about public fund really confused me, I have called home office so many times but they never gave a cleared answer and the continue to say that I can not be on any benefit as I have to be able to support me and my wife without any public fund ,
after loosing my job I was on job seeker allowance until last month and started self employed as an electrician but because of low income, I applied for both council tax and housing benefit and I am also getting working tax credit for both me and my wife.....
I am tired of calling home office enquires line and receiving same answer that we have to be able support ourself without public fund and otherwise it may effect her application. I have even stressed that I am the one getting benefit not my wife and still I receive same answer.
I was planning to cut all the benefit that I am claiming at the moment this week so i do not tick the boxes which is about getting public fund.
I can hardly manage paying visa application fee , during current recession time, and if I cut the benefits I can not imagine how my life would be,

tonight after desperately looking for anybody with the same situation I come across this website and your massages brought a bit hope to me ,,,
I will really appreciate your advices John
please reply me as soon as you could

thanks

Ernesto

As a British citizen you are entitled to benefits but you are not entitled to EXTRA/ADDITIONAL benefits for your wife.
Go ahead and process your application and try not to stress too much, you will be ok

[Ernesto]

thanks for the reply I am a bit relief now and I am going to do as you said ...thanks alot

[John]

I am applying for a visa extension for my wife as she arrived 4 month late

Please you please post the exact date your wife first entered the UK using her 27-month spouse visa.

[Ernesto]

her UK visa is valid from 15 September 2009 and expires on 15 December 2011..
she entered UK on 15 of January 2010.
I have spoken to UKBA several times and they said she needs an extension because she has come 4 month late, and her visa expires before she completes the 2 years so he needs an extension because of the one month and then she can apply for ILR.

[John]

There is a 28 day leeway, that is, the application can be made 28 days before the expiry of the 2nd anniversary of arrival in the UK. For your wife that equates to 18.12.11. But her visa expires on 15.12.11. Such a shame she did not arrive just 3 days earlier!

So on reflection I agree that an extension must be applied for, but as soon as that arrives she can apply for ILR, given the 28 day leeway. I presume you are making a postal application for the extension?

The benefits issue? As already mentioned in this topic, and numerous times in this Claiming Benefits section, you do not have a problem.

[Ernesto]

yes we are making a postal application .
the other funny thing was when we were filling in the application we just realised she needs English language test not life in the UK test, and she only had the life in the UK certificate, when we called UKBA they said without the English language test your visa will be rejected or you have to go home before the expiry if you do not have it when you apply...
imagine the stress we have to get the English language test and the certificate of pass within 20 days , we have spent more than 300 pounds on booking English exams booking 2 exams so we make sure if she fails in one she can pass the other one and then at least we can get a letter from the college that we have done the test and waiting for the result and we will forward the certificate later to home office.
until a few days ago we found GESE exam centre in manchester where they do the test and they tell you if you fail or pass, and the certificate comes within 2 weeks but it was too late as we couldn't get any refund from the other exams we booked, any way she did GESE test and passed it and we are waiting for the certificate and process the application before the 15 of December...

[vinny]

her UK visa is valid from 15 September 2009 and expires on 15 December 2011..
she entered UK on 15 of January 2010.
I have spoken to UKBA several times and they said she needs an extension because she has come 4 month late, and her visa expires before she completes the 2 years so he needs an extension because of the one month and then she can apply for ILR.

It's highly likely that the date of decision will be after she becomes eligible for ILR. Therefore, I think that she may make a valid application for SET(M) by registered post shortly before her spouse visa expires. KOL required.

Alternatively, apply for FLR(M). Then vary it to SET(M) when she becomes eligible if there's no decision at that time.

[Ernesto]

so you mean if I send the FLR(M) form now just before expiry on 13 of December in what date she is eligible to apply for ILR,
and what is the process to vary the application...
thanks

[vinny]

Technically, she may apply for SET(M) from 18 December 2011. Unfortunately, her leave expires on 15 Dec 2011.

I suggest that she makes a valid postal SET(M) application shortly (perhaps a day or two) prior to 15 Dec 2011. It's likely that the date of decision will be after 18 December 2011. Her leave will be extended under Section 3C. So, she should be okay.

Click on links for more info.

[John]

Vinny, on reflection, I agree with you. I would add the following.

Deliberately pay by cheque! Do not pay by card!

The logic is this. You will post to Durham. That office merely ensures that payment has been successfully received, before forwarding the papers on to a "real office", where the decision will actually get made. If so any reason the payment does not succeed, the papers never even get to a "real office".

So by paying by cheque you will deliberately slow matters up for a few days, while the cheque clears. Whereas if you pay by card, then payment is confirmed (or denied) instantly.

Ernesto, suggest you post, and of course using Special Delivery, to Durham on say Wednesday 14 December, and retain the slip from the Post Office confirming posting.

Vinny has already mentioned Section 3C. Clearly the application will not be decided before the stated expiry date of the current 27-month spouse visa, but as the application for ILR will be made before the expiry of that visa, Section 3C protection will be in force, and the current visa will be "treated as continuing" even though the the stated expiry date has passed.

I emphasise about Section 3C protection, it is only in place where the application for a new visa is made before the expiry of the old visa. For posted visa application (but not for Nationality applications) immigration law states that it is the date of posting that counts as the date of application. That is why I said to retain the slip from the Post Office. That is the proof that Section 3C protection is in place.

[Ernesto]

thanks alot for the advice and information you provided it is been really helpful.. I just have a bit doubt about the process.
so as you are saying if I apply for the SET(M) and using a cheque to pay,
so to make it a bit delay ...
I want to know if there is any risk I am taking in this way is there any possible of rejection of the visa because of the wrong application and what is worse scenario we are going to face if we apply in this way..
is there any posiblility if they take the money and they reject the visa later or if we pay money for the ILR and then they just extent the visa for another 2 years....
thanks for the reply and I appreciate your help