Husbands ILR different situation.

mn13 · Post by **mn13** » Wed Mar 13, 2013 9:25 pm

I wonder if anyone could give a few views on my situation. I am a fully british born citizen here and am married to a indian. we got married in 2009 and after 2 visa refusals he came here after i won a court case He has been here 2 years and is applying his ILR the end of this month. The problem is when he got here I took really ill with arthritis problems and was put on highest rate of DLA and highest rate personal care.So my husband has basically looked after me for 2 years i have proof of over 50 hospital letters appointment etc. Because he has cared for me he was unable to work as he took me to hospital etc so he has no work and i claim the benefits..we are so worried that this will effect the IlR but through no choice this is the situation. We are going through a law centre who has been doing statements etc we have all the proof off the 2 years and alot more and they seem confident we will get it but there is still a worry can anyone give there views as we are stressed and more stress is making my health worse. thanks for any advice....

sh1981 · Post by **sh1981** » Wed Mar 13, 2013 10:41 pm

mn13 wrote:I wonder if anyone could give a few views on my situation. I am a fully british born citizen here and am married to a indian. we got married in 2009 and after 2 visa refusals he came here after i won a court case He has been here 2 years and is applying his ILR the end of this month. The problem is when he got here I took really ill with arthritis problems and was put on highest rate of DLA and highest rate personal care.So my husband has basically looked after me for 2 years i have proof of over 50 hospital letters appointment etc. Because he has cared for me he was unable to work as he took me to hospital etc so he has no work and i claim the benefits..we are so worried that this will effect the IlR but through no choice this is the situation. We are going through a law centre who has been doing statements etc we have all the proof off the 2 years and alot more and they seem confident we will get it but there is still a worry can anyone give there views as we are stressed and more stress is making my health worse. thanks for any advice....

DLA is NOT counted as recourse to public funds.

Therefore during this time he was not claiming benefits, you were, and youre allowed to do so.

Most benefits cant be used to feed him even if YOU claim them, however DLA does not fall in that category, its for you to use as you wish.

Article 8 can also be invoked, as well as article 3. You cannot accompany hm to foreign land in case he is not allowed to stay because of your medical problems, which seeminly are quite severe.

He has been with you, gather proof of cohabitation, letters in joint names.

DLA highest rate is like 520 quid a month or so? Anyway, 270 is required for a single person (current JSA rate), so he , well as is evident, did survive.

You're good to go, thats my opinion and my opinion only, take others as well.

mn13 · Post by **mn13** » Thu Mar 14, 2013 8:11 pm

Thank you for your quick reply..yes we are going through a immigration centre who keeps telling me not to stress but when you think your life is in there hands so you cannot help but worry. We go in 15 days so fingers and toes crossed everything will be fine...do you know anyone who has been in a similar situation?

sh1981 · Post by **sh1981** » Thu Mar 14, 2013 8:28 pm

mn13 wrote:Thank you for your quick reply..yes we are going through a immigration centre who keeps telling me not to stress but when you think your life is in there hands so you cannot help but worry. We go in 15 days so fingers and toes crossed everything will be fine...do you know anyone who has been in a similar situation?

well i was myself skint for quite a while without work, i can sort of relate to your situation though eventually i went self employed. why doesnt your hubby go self employed?

mn13 · Post by **mn13** » Thu Mar 14, 2013 8:58 pm

Hi because I have been so ill the last 2 years he has looked after me took me to hospital every week etc and was so ill at one time couldn't walk down the stairs had some infusion medication via drip and had side effects which damaged all hands and ended up worse!!

But we have all medical letters over 50 of them and also the hospital has just done a 2 page letter today so there is more than enough evidence so work simply wasn't an option at the minute.....

sh1981 · Post by **sh1981** » Thu Mar 14, 2013 9:09 pm

mn13 wrote:Hi because I have been so ill the last 2 years he has looked after me took me to hospital every week etc and was so ill at one time couldn't walk down the stairs had some infusion medication via drip and had side effects which damaged all hands and ended up worse!! But we have all medical letters over 50 of them and also the hospital has just done a 2 page letter today so there is more than enough evidence so work simply wasn't an option at the minute.....

there you go then, i totally understand your situation. the doctors are with you, youre in receipt of DLA and he was your carer. DLA is NOT classed as public funds for immigration purposes, only few are like JSA and IB and ESA. 270 quid required to feed one person, which you had coming from DLA. you're good to go.

humanitarian and compassionate grounds! bold red on the application file, believe me, people at ukba are not monsters but humans like us, they will and do understand

mn13 · Post by **mn13** » Thu Mar 14, 2013 9:37 pm

Hopefully....he hasn't claimed any carers money as thats a public fund so it would have cost them more really...what was your experience like we are going in person to sheffield this month..but we won through court after 2 visa refusals and the ukba there had no feelings at all for married people so hopefully these will b e different.....

sh1981 · Post by **sh1981** » Thu Mar 14, 2013 10:10 pm

mn13 wrote:Hopefully....he hasn't claimed any carers money as thats a public fund so it would have cost them more really...what was your experience like we are going in person to sheffield this month..but we won through court after 2 visa refusals and the ukba there had no feelings at all for married people so hopefully these will b e different.....

i fail to see the point in going for an application in person when you can just as easily, and cheaply do it by post. there have been horror stories how they made you wait and eventually returned eveything by post anyway so really, in my opinion, go for postal application.

his rights will remains while application is decided, i.e he will continue on spouse visa.

quite clearly in your and his case, you both are not worried about getting any job offers for which you might need a passport, but nevertheless if you do, get one of those document identification service thing at post office to certify a copy of your passport that you can show if you need proof of identification.

about carers allowance, i dont have no experience of that but technically there is a catch. say your mum living 100 miles away can give say 50 quid a week to your hubby to 'care' for you out of her own pocket. now your mum can claim the carers allowance (im assuming shes british), because technically "You don’t have to be related to, or live with, the person you care for." according to https://www.gov.uk/carers-allowance/overview

so basically your mum pays your hubby out of her own pocket, despite being away, to care for you, to pay for his services if you will. and she gets reimbursed for it, so technically the only one who is getting 'paid' is your hubby without him breaking any rules.

dont take my word for it but its just something i read.

mn13 · Post by **mn13** » Fri Mar 15, 2013 9:33 pm

Hi yeah it is more expensive but couldn't stand the stress of waiting months for a reply to stressed as it is...and the extra money off family etc well there is only us as my family stopped speaking to me when I got married lol...the joys of different cultures! What self employed work did you do if you don't mind me asking?...

sh1981 · Post by **sh1981** » Sat Mar 16, 2013 7:27 am

mn13 wrote:Hi yeah it is more expensive but couldn't stand the stress of waiting months for a reply to stressed as it is...and the extra money off family etc well there is only us as my family stopped speaking to me when I got married lol...the joys of different cultures! What self employed work did you do if you don't mind me asking?...

software development. anyway why would your family stop speaking to you? they dont like indians or something?

Post by **vinny** » Sat Mar 16, 2013 8:28 am

See also UK spouse visa help please. UK citizen disabled.

mn13 · Post by **mn13** » Sun Mar 17, 2013 3:35 pm

Yeah that is the point I got married in india and never told her till I came back because I knew she wouldn't agree anyway and we don't speak at all....thanks vinny just looked and feel like It should go ok just had my doctors letter sent today and they basically can not argue with what she has put so I am a little less worried now....

Post by **Amber** » Sun Mar 17, 2013 3:38 pm

mn13 wrote:Yeah that is the point I got married in india and never told her till I came back because I knew she wouldn't agree anyway and we don't speak at all....thanks vinny just looked and feel like It should go ok just had my doctors letter sent today and they basically can not argue with what she has put so I am a little less worried now....

I'm glad you're less stressed as it's not good for your health and I am happy that you have a caring partner who stands by you. I know how difficult chronic illness can be. Best regards and best of luck.

sh1981 · Post by **sh1981** » Sun Mar 17, 2013 3:44 pm

mn13 wrote:Yeah that is the point I got married in india and never told her till I came back because I knew she wouldn't agree anyway and we don't speak at all....thanks vinny just looked and feel like It should go ok just had my doctors letter sent today and they basically can not argue with what she has put so I am a little less worried now....

thats sad. btw he might want ot find a job or make some sort of friends cause like who will give him references for naturalisation later on?

Post by **Amber** » Sun Mar 17, 2013 3:49 pm

sh1981 wrote:
mn13 wrote:Yeah that is the point I got married in india and never told her till I came back because I knew she wouldn't agree anyway and we don't speak at all....thanks vinny just looked and feel like It should go ok just had my doctors letter sent today and they basically can not argue with what she has put so I am a little less worried now....
thats sad. btw he might want ot find a job or make some sort of friends cause like who will give him references for naturalisation later on?

He's a full time carer! And what makes you think he's got no friends?

sh1981 · Post by **sh1981** » Sun Mar 17, 2013 3:52 pm

D4109125 wrote:
sh1981 wrote:
mn13 wrote:Yeah that is the point I got married in india and never told her till I came back because I knew she wouldn't agree anyway and we don't speak at all....thanks vinny just looked and feel like It should go ok just had my doctors letter sent today and they basically can not argue with what she has put so I am a little less worried now....
thats sad. btw he might want ot find a job or make some sort of friends cause like who will give him references for naturalisation later on?
He's a full time carer! And what makes you think he's got no friends?

oi stop following me on every thread

stand down i say stand down bertha

mn13 · Post by **mn13** » Sun Mar 17, 2013 8:47 pm

Thanks everyone yeah it is awful having a illness and I got this after a court case to get him here so yes its stressful enough without anything else....but I suppose you just have to be thankful we are still here! Yeah he came here just for me so hasn't got many friends and the ones he speaks to are through me but he is happy with that....the citizenship what do you need for that although i need to get through this first

..just curious...

Kevin24 · Post by **Kevin24** » Sun Mar 17, 2013 9:11 pm

sh1981 wrote:
mn13 wrote:Yeah that is the point I got married in india and never told her till I came back because I knew she wouldn't agree anyway and we don't speak at all....thanks vinny just looked and feel like It should go ok just had my doctors letter sent today and they basically can not argue with what she has put so I am a little less worried now....
thats sad. btw he might want ot find a job or make some sort of friends cause like who will give him references for naturalisation later on?

Don't worry he will give good references for your husband. Don't worry about any thing. Go ahead with your Husband's ILR application.Every thing will work out fine. Good Luck.

mn13 · Post by **mn13** » Mon Mar 18, 2013 3:58 pm

Thanks kevin yeah am counting the days now its next week so I will let you all know how things go thanks for the support......

mn13 · Post by **mn13** » Thu Mar 28, 2013 10:06 pm

Would like to thank this board for information and would like to say my husband was granted indefinate leave 26/03/2013...at sheffield the staff were very nice but due to a large amount of people we had to wait nearly 6hours....but receptionist was really nice payment lady was really nice..case workers 50/50 some were really nice half were miserable office type people so depends who you get...and also depends how strong your case is??? But overall a good experience my hubby is now settled here ..the best feeling EVER!!!!

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Husbands ILR different situation.

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