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Immigrating from US to UK (Sponsor on Incapacity Benefits)

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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mark and rose
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Joined: Sat Dec 10, 2011 10:00 pm
Location: United States

Immigrating from US to UK (Sponsor on Incapacity Benefits)

Post by mark and rose » Sat Dec 10, 2011 11:27 pm

Hello everyone,
I know this subject has been brought up numerous times. I am a US Citizen, engaged to a British Citizen. We have been engaged for 5 years. We completed the Fiance Visa paperwork for him to come here, so that we could get married (With the intention of us staying here.).
Due to unexpected circumstances, my fiance has decided he wants us to stay in the UK instead. We aren't sure if we should get married on the Fiance Visa here, and have him go back. Or nix the whole US Fiance Visa, and start from scratch with one for me to go there.
Also, he is currently on Incapacity Benefits with his local Council, and receives Council Tax and Housing Benefits. We have noticed on a number of ExPat forums that there are conflicting information on whether or not he can sponsor me to come there when he is currently receiving all of these benefits.
I am an LPN here in the US, however I know that this license does not transfer over to the UK. I have multiple types of work history, including several years as a nurse here in the US (Including in Nursing Homes/Care Homes, and as an Office Manager.).
We would appreciate any information you can give us. We would like to know what information we could supply to the UK government, to show that I will not need to rely on his current benefits to survive there. Is it possible they will take into account my work history, and/or any savings that we can scrape together to prove that I will be able to support myself? I do not expect that I will be out of work long, as I know that there are nursing shortages everywhere (FYI: I am currently working on getting my Registered Nursing License here in the US. I understand that this can transfer over to the UK with testing there.)
Thank you in advance for any assistance, Rose

Greenie
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Post by Greenie » Sat Dec 10, 2011 11:59 pm

how long have you and your fiance lived together?

mark and rose
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Joined: Sat Dec 10, 2011 10:00 pm
Location: United States

how long have you and your fiance lived together?

Post by mark and rose » Sun Dec 11, 2011 1:27 am

Greenie,
We do not live together. I have been living in the US, and he has been visiting me here. We have been apart 3 years during which we had initiated the Fiance Visa paperwork for him to come here.
As previously stated, unforseen circumstances have made us change our plans. He has asked me to move there instead. We are currently engaged, and the time for him to utilize the Fiance Visa is about to expire. We are not sure if we should have him come over, so can get married (Then he would return to the UK) or just drop the Fiance Visa paperwork here and proceed with getting me a Fiance Visa to come there.
With all of this, we have found that there might be road blocks for me coming there. With him being on the types of Benefits he is on, and having to have to sponsor me. We are not sure how to go about proving he will not have support me with those benefits, or increase his benefits to support me. Please if you have any advice in regards to this, please let us know.
Thank you,
Rose

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Casa
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Post by Casa » Sun Dec 11, 2011 11:13 am

Your fiance will have to prove that he won't need to claim additional benefits once you join him. It would strengthen the application if you were able to secure a written offer of employment in the UK. Bear in mind that if you enter on a fiance visa, you won't be able to work until after the wedding and you've been granted FLR(M).

mark and rose
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Posts: 3
Joined: Sat Dec 10, 2011 10:00 pm
Location: United States

Immigrating from US to UK (Sponsor on Incapacity Benefits)

Post by mark and rose » Sun Dec 11, 2011 11:30 am

Casa
Posted: Sun Dec 11, 2011 11:13 am Post subject:
Your fiance will have to prove that he won't need to claim additional benefits once you join him. It would strengthen the application if you were able to secure a written offer of employment in the UK. Bear in mind that if you enter on a fiance visa, you won't be able to work until after the wedding and you've been granted FLR(M).
Casa,
Does this mean it is better if we are married before we attempt any paperwork for me to come there?
Rose

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