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Posted (edited)

Hi people, long time since I posted here.

Quick catchup -

  • Applied Fiance visa Aug 2005
  • Refused Dec 2005
  • Appealed successfully in Aug 2006 - Home Office barely argues the case
  • Fiance arrives in UK Nov 2006 (Yippee!!!)
  • Got married last weekend (could this now be so easy?)

Now comes the part I thought would be easy the FLR...again I undersestimated the sheer bureacratic nightmare we have in the UK - I know I should have learned with the total mess the fiance application ended up in.

I have not worked much since January as I am a freelance IT consultant, this being partly due to lack of work and partly due to me wanting to be at home with the mrs. I currently live with my mother (yes really), so I made my first mistake last week by claiming for JSA to help me old dear out.

Now there's my problem right there - I take it I need to go and stop claiming JSA really quickly to apply for FLA? Or does the fact that I been coasting along the last couple of months mean we are doomed anyway? I can probably get a mate to offer me some work for now, but that does not sort the state of my bank account out :o !

Do I need to show my income the last three months? obviously not much has gone in my account and my last pay cheque went in my mothers account for one reason or another.

I feel like such a pr@t not thinking of the no use of public funds. Will this mean my wife will get refused FLA, be told to return to thailand and me having to wait 6 months (time it would take to get the bankstatements and right paperwork as per application for fiance visa) or whatever and apply for another visa- if thats the case can I renounce my citizenship and declare my garage as a principality of lamonster?

Edited by lamonster
Posted (edited)

Lamonster, Dont worry too much I think you've done the hard part!

Someone here will know what to do, I dont unfortunately, but wish you the best of luck

Mark

Edited by markr
Posted

I only put the claim in the week before we got married so didn't have to put myself down as married.

So if I can get work next week say, terminate my JSA with extreme prejuidice...that just leave the shody state of my bank account - or am I reading the wrong part of the form - i.e. the bit where it asks for 3 months bank statements?

Posted

JSA itself is not a public fund, only the additional element which used to be called Income Support, so if you just receive the contributory element; i.e. based upon your National Insurance contributions, then you have nothing to fear. Furthermore, you, as a British citizen are entitled to claim public funds in your own right, but not to receive any additional allowances in respect of your wife. You will, however, have to demonstrate that although you are on JSA, your wife can otherwise be supported.

Scouse.

Posted
JSA itself is not a public fund, only the additional element which used to be called Income Support, so if you just receive the contributory element; i.e. based upon your National Insurance contributions, then you have nothing to fear. Furthermore, you, as a British citizen are entitled to claim public funds in your own right, but not to receive any additional allowances in respect of your wife. You will, however, have to demonstrate that although you are on JSA, your wife can otherwise be supported.

Scouse.

Scouse,

Once again you are the voice of reason in what seems to be a black hole of IND making.

So as long as I have a contract which states earnings and can show that I dont currently have to pay rent etc, I might get through with skin of my teeth - I assume that additional documents supporting this are required and expected in such a case. Well at least they will have to earn my £395...

"You will, however, have to demonstrate that although you are on JSA, your wife can otherwise be supported." Well if my mother writes a letter saying she is putting a roof over our head and is feeding us, do I then need to prove my mother (or say a friend) has the funds to do so?

Any ideas? Win the lottery perhaps?

Posted
Well if my mother writes a letter saying she is putting a roof over our head and is feeding us, do I then need to prove my mother (or say a friend) has the funds to do so?

'Fraid so.

Any ideas? Win the lottery perhaps?

Bugger off! It's my turn to win the lotto.

Scouse.

Posted

Right looks like I may have sorted the work front out :o

So if do the following, will I be ok or will I still have problems

  • Get a letter from my new employer outlining the terms and conditions, pay etc on it, I will assume the IND will contact my employer and verify whats in the letter etc anyway?
  • Send them my last three months banks statements (with will show nothing much going in)
  • Send them the last three months I have payslips
  • Get another business I will be working with to give me a letter from them stating that they are willing to pay me £xxx per month for next 3 months for doing some consultancy for their company (in addition to the work I have with an employer)
  • Send a letter explaining that I had couple of months off work, that I now have employment and some additional work consulting, so have enought income to support myself and the wife for the forseable future.

Oh and of course my Wedding certificate, passports, photos for the flr form,

Do I also need to send them a letter regarding where I live etc?

Thats my interpretation of what the form asks for. :D

Or am I going way over the top? I know I did when we applied for the fiance visa, and still got shot down.

Any idea what happens if they refuse the flr, i.e. how long do you they give you to get out of UK? If this happens I think it would be the last straw :D

Posted
I have a tent, big enough for two, if you need one!

:o

ha bl--dy ha...

I got somewhere more than adequate to live ta very much.

Paying for a wedding in the UK hurt my bank the most.

Anyone got something constructive they would like to share?

Posted

hi there lamonster when scouser wins the lottery you can work for him as a it consultant and he will pay you a diecent wage (as he is such a nice bloke) and he can help you with you visa (free of charge) off course then thats all sorted.

sorry mate for the problem you have got i know how you feel about the most un helpfull country in the world No wonder everyone wants to get out of the uk(UNHELFULL KINGDOM) TO MANY LAWS ETC ETC

ANY WAY MATE WISH YOU ALL THE BEST

PETE AND SOM

Posted

It's unlikely that the Home Office will contact your employer unless they have good reason to do so. In addition to submitting the evidence you've mentioned, and details of your accommodation, I'd write them a covering letter which explains exactly what's transpired since your wife arrived in the UK. Ultimately, providing that you didn't receive an element of JSA in respect of your wife, there's no reason why your having been in receipt of it should hinder her chances. Providing that you now have employment and the means to support your wife, I don't see why there should be a problem.

If the worst were to happen, and your wife be refused her extension, she would have a right of appeal from within the UK, so she wouldn't be expected to leave immediately. Should her appeal fail, she would then be notified that she is required to leave the UK, and should she fail to do that, she'd be liable to removal by the Immigration Servcie.

Scouse.

Posted
It's unlikely that the Home Office will contact your employer unless they have good reason to do so. In addition to submitting the evidence you've mentioned, and details of your accommodation, I'd write them a covering letter which explains exactly what's transpired since your wife arrived in the UK. Ultimately, providing that you didn't receive an element of JSA in respect of your wife, there's no reason why your having been in receipt of it should hinder her chances. Providing that you now have employment and the means to support your wife, I don't see why there should be a problem.

If the worst were to happen, and your wife be refused her extension, she would have a right of appeal from within the UK, so she wouldn't be expected to leave immediately. Should her appeal fail, she would then be notified that she is required to leave the UK, and should she fail to do that, she'd be liable to removal by the Immigration Servcie.

Scouse.

Scouse can we just stick a Cat 5 cable into your head and make a Wiki?

And yeah I must admit the UK does make me angry, but like others have said its not all bad, still makes my head spin that it would now be easier and FREE to live in another country in Europe (as far as the visa bit is concerned).

Oh and if I won the lottery, I would buy Scouse lots of beers, and then sod off to LOS :o

/emote smacks head

Posted

Quick question - hopefully the last one -

Would I be seen to be taking the pi$$ if in my covering letter I state the relevant immigration section and paragraph and how I satisfy them?

Ie.

Letter from relative enclosed blah blah...as per section 283? paragraph (vi) and (vii) ?

Or would the guys at IND think I am some jumped up pr@t and kick my @rse for it?

and then on the end saying "therefore have successfully met the requirements in (i) - (viii)"

Posted
Go for it! But I wouldn't cite para 283 as that relates to refusal of leave to enter. The paragraph you want is 284.

Scouse.

:o:D :D

Well it was late and I knew it was 280 something or other and was not about to start trolling relevant act for the right info.

I will obviously read 284 and make sure what I am saying tallies up with that.

Anyone got linky to a the act so I know I am looking at the right one?

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