Spousal visa UK sponsor claiming benefits

[parker_knoll]

Ok, i understand that this question has been asked but from my reading it seems that in many cases it was unreplied to. At least i know I'm unsure. I apologise in advance for length.

I am British. My partner is Serbian. We've been together six years and have a 3 year old son who is also British, of course.

From October 2007 until the beginning of this year we lived together in Serbia. I came over to find a decent job but failed, did some low income jobs for a while, but realised they were getting us nowhere. When i left the UK originally i was earning around £35,000.

My partner and son came here in July and we got married on November 11th. She is on a visitor visa which runs out shortly and we've begun preparing her application. We left Serbia because we couldn't survive there anymore financially.

Currently i receive Child Tax Credits, Income Support, Housing Benefit and Council tax benefit. However, i started working freelance two days a week last week for which i will be paid £100 a day and this is (hopefully) an onging arrangement. I will therefore sign off income support and receive reduced housing benefit.

Total weekly income is just about enough to qualify under the existing guidelines, but two lawyers have told me that i need to get off the benefits to make the application, basically. With child tax credits I have £250 a week after housing costs.

I'm also aware that a grim new report has been published by the Migration Advisory Committee proposing raising the minimum income.

We have one other thing. My friend who runs a market stall has offered my wife a job at £50 a day two days a week working on his stall. Also, her father who is a naturalised British citizen has said that he will give her £60 a week, so that may help.

Does anyone have any answers to this? is it out of the question to apply while drawing some benefits? any success stories?

Thanks, we are trying to work out what to do.

[mochyn]

Ok, i understand that this question has been asked but from my reading it seems that in many cases it was unreplied to. At least i know I'm unsure. I apologise in advance for length.

I am British. My partner is Serbian. We've been together six years and have a 3 year old son who is also British, of course.

From October 2007 until the beginning of this year we lived together in Serbia. I came over to find a decent job but failed, did some low income jobs for a while, but realised they were getting us nowhere. When i left the UK originally i was earning around £35,000.

My partner and son came here in July and we got married on November 11th. She is on a visitor visa which runs out shortly and we've begun preparing her application. We left Serbia because we couldn't survive there anymore financially.

Currently i receive Child Tax Credits, Income Support, Housing Benefit and Council tax benefit. However, i started working freelance two days a week last week for which i will be paid £100 a day and this is (hopefully) an onging arrangement. I will therefore sign off income support and receive reduced housing benefit.

Total weekly income is just about enough to qualify under the existing guidelines, but two lawyers have told me that i need to get off the benefits to make the application, basically. With child tax credits I have £250 a week after housing costs.

I'm also aware that a grim new report has been published by the Migration Advisory Committee proposing raising the minimum income.

We have one other thing. My friend who runs a market stall has offered my wife a job at £50 a day two days a week working on his stall. Also, her father who is a naturalised British citizen has said that he will give her £60 a week, so that may help.

Does anyone have any answers to this? is it out of the question to apply while drawing some benefits? any success stories?

Thanks, we are trying to work out what to do.

Your wife needs to return home and apply for a spousal visa and as long as you meet the minimum financial requirements then being on benefits will not be a problem

[parker_knoll]

Mochyn, thanks for this.

The advice is have received that it is generally a problem. Do you know of precedents for successful cases won on this basis?

[mochyn]

Mochyn, thanks for this.

The advice is have received that it is generally a problem. Do you know of precedents for successful cases won on this basis?

Sent you a PM

[uzee]

Hi parker_knoll

I would like to know how your case got on. Did you end up stopping benefits for the case or continued as normal? Or something else?

[parker_knoll]

hi uzee

we haven't done it yet, but have had a series of tourist visas with breaks in between. However, i did consult my MP who advised me that the current earning limit is about £18.5k.

We also received advice from some agencies who advised we were likely to be turned down, but might well win on appeal since we have a child who will be entering primary school in september and obviously has a need for a stable family around him.

I am trying to find a job with a high enough salary at the moment.

[uzee]

Thanks for the quick response.

Think my sister (sponsor for visa application) will stop the benefits all together to reduce the risks.