Advice Please - Benefits and Visa

[srrooms]

I am a British expat wanting to return to the UK with my Cambodian wife and children.

We have been married for 6 years, live together and have 3 children of our own.

It is a huge upheaval to come to the UK as we have a small successful business but for the kids point of view I would prefer them to be educated in the UK with access to decent health care.

Questions:

1. Firstly, would be easier and possible to get British passports for my children before we leave for the UK or sort it when we arrive?

2. Secondly, what kind of visa would my wife get? I presume settlement visa but I have read somewhere that she should get a visa which allows her to stay in the UK indefinitely because we have been married for 6 years. Is this true?

3. I am hoping to start a small business when I arrive and should have enough funds to support us until we get the business up and running which I expect will take around a year. However, if things do not go to plan then what or is there any benefits I could collect and if so would there be the time period before they can be claimed.

4. Is there any benefits we can claim within the first year especially child benefit? Is this a public fund?

5. When filling in the settlement visa it says we can not claim public funds but if my wife gets indefinite leave because we have been married for 6 years does she still have no right to public funds?

Thanks,

[Wanderer]

1. Either, but if they have cambodian passports now they will need visas to enter UK.

2. ILE (KOL REQ) - meaning she enters UK, takes the Life in the UK test and will be granted ILR (I think!)

3. How much funds? The ECO's like to se income (ie a job) or failing that, significant savings.

4. Not sure but if you've been absent from UK for so long I think there is a qualifying period to claim benefits. CB should be ok tho.

5. As 4 I think.

Best way forward in these situations in my book is for you to enter UK alone, establish yourself, accomodation, business or job, show regular income, for your family you will have to show you have around £180 a week surplus income after all necessary bills. Then call your family over.

Of course if you have a huge wodge in saving then the ECO wil be satisfied you can life on that while you establish yourself.

This won't be as easy as you might think!

[srrooms]

Hi Wanderer,

Thanks for your reply.

1. I would imagine the kids getting British passports first would be better?

2. Does everyone need to take the UK test? We have been married a long time and have 3 kids. I am also a full British citizen.

3. I reckon that 25,000 pounds for the first year would be enough? That would give me enough time to either set up a business or get a job.

4. I do not really expect to get anything but it is good to know if things do not go to plan. I thought I might child benefit though if the kids have British passports?

5. I presumed there would be time period on other benefits?

I do not want to go over to the UK and leave my family here. This is not an option for me. Does anyone know the amount of cash I would to come over with my family?

I would love to hear from people who been in the same situation as well.

Thanks again,

Phil

[Wanderer]

£25k is well enough - don't mention investing it in any business tho - that's ur personal choice, nothing to do with them, let them think ur gonna live on it.

So, if I where you I'd;

1. Apply for ur kids Brit Passports there, they could do it here but a bit messy and more expensive if u have to pay for visas for them.

2. Apply for ILE at Brit Embassy.

3. Arrange for some suitable accom. in Blighty, this might be quite troublesome since u need to prove it's adequate, enough rooms, with three kids depends on ages and sex but I'd budget for a four room place, three min. Either u can do this urself in advance or trust a friend/family to arrange it. But u do need tangible proof of it, a nod and a wink from a mate isn't enough.

4. Fly over

5. Get ur missus to take the KOL test for ILR.

6. Invite me over for some Cambodian Nosh!

Only the missus has to take the KOL test (aka Life in UK) u and kids are Brits already!

I'm not sure on time period for benefits but there is bound to be something based on what I read here, the benefit system is lot tighter since u left probably, and the dole will expect you to speand your 25k before claiming, grossly unfair I know, I earned 110k last year, worked really hard, nearly killed myself and ruined my relationship, paid 28k tax in one year, fell on my arse job wise, was unable to claim nothing till I spent my savings that I worked my arse off for.

I'd stay in Cambodia mate...

[srrooms]

Hi Wanderer,

Thanks for your thoughts.

A couple of more questions for you if you do not mind.

1. You say apply for ILR at British Embassy? I have looked at the forms for the visas and I can only see the settlement visas and it says that my wife needs a 2 year settlement visa BUT she maybe given automatic ILR. Is this the right form?

2. Regarding housing, you say I would need a 3 bedroom property at least? Obviously, I would prefer to find a place when I arrive in the UK as I need to take into account schools etc plus I would like to see the property first. Do you think it would be possible to say that I will be staying a Mams house until we find suitable accommodation? My Mam lives alone in a big 3/4 bedroom house.

3. I have my wife petrified about the idea of her doing a Life in the Uk test! She even says she does not want to go now to the UK if she has to take a test! Are you sure she needs the test and if so what does it involve?

4. You mention that there will be a qualifying period for benefits but do you know what there are? I am hoping I do not need them but I would like to know my position in claiming any kind of benefit if I need too. I am mainly talking about child tax benefits and working tax benefits. I am hoping to start my own business but if not I will take a job but if my business or job does not pay enough to live on then will I be able to claim. I have checked a bit info about working tax credit and child tax credit but it looks like you have to wait at least one year because they use the previous years income to calculate anything due.

Btw, I do not particularly want to come back to the UK but I am doing it for the best interests of my kids. I love Cambodia but the health system is terrible so nor matter how much money you have it is not going to help you if you have a serious accident. The roads are crazy too with fatal accidents everyday. The weather is great most of the year, although not now as it is 40 degrees celcius outside which is a bit too hot!

Anyway, if you are ever in Siem Reap while i am here then I would be happy to sort you out some Cambodian nosh! Btw, Siem Reap is famous for the "Angkor Temples" which are Cambodia's main tourist attraction.

If you want to come live here and start guesthouse business then I know a guesthouse business for sale later this year!!!!

Cheers for all your help.

[Wanderer]

1. Not sure, will have a delve later!

2. There are overcrowding rules, so u need one room for you and the missus, kids should be ok in one but rules apply if they are differing sexes and over 10 yo., so u might need 2 rooms forthe kids.

3. No way our of that except by passing certain ESOL exams, which is probably more arduous. There are online practice tests (Google!) - the test is easy really, but the questions are a bit odd, most UK folks don't know the answers, like how many seats are there in Parliament? I didn't know that! It's more a test of English reading and understanding really.

4. Just done some recearch, seems u'd be ok for needs based benefits, ie means tested, but obviously not contributions based. The fact is tho is if you have savings of over 16k you won't get anything till u've lived off it! U can get tax credits, just fill the form in knowing it will result in no benefits, they'll tell u u cant have anything, then u tell them u have a change of circumstances and they'll award it based on current circumstances.

[srrooms]

One more question.

You say that 25k is well enough to put on the application form as savings so do you mean I not need any way near this much? The reason I ask is because I will have to sell our business first to get this amount of money and of course, once I sell the business we may have to wait a while before the settlement visa is passed and what if for some reason it is not passd? If my wife settlment visa is not passed then we have NO visa and NO business!

So, do you know what the smallest amount I can put on the application form might be for savings? Would 5k be enough but then tell plus the sale of my business as well?

Cheers again.

[Wanderer]

One more question.

You say that 25k is well enough to put on the application form as savings so do you mean I not need any way near this much? The reason I ask is because I will have to sell our business first to get this amount of money and of course, once I sell the business we may have to wait a while before the settlement visa is passed and what if for some reason it is not passd? If my wife settlment visa is not passed then we have NO visa and NO business!

So, do you know what the smallest amount I can put on the application form might be for savings? Would 5k be enough but then tell plus the sale of my business as well?

Cheers again.

Whatever you declare on the form you'll have to prove, so you'll have to go with whatever shows on your bank statements.

[srrooms]

Yes, I understand they will want to see bank statements but our savings our actually a lot less then what our assets are worth. My wife and I also own land here but it is impossible to sell in the current economic climate. We will be trying sell our assets off once we get the settlement visa sorted.

I suppose we could put the business on the application as an asset with an approximate value but how will they know what the value is worth?