Can Someone Help Me Please?

[ziaka]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

[Pushit]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

Ziaka: Make an appointment with your local "Citizens Advice Bureau" (phone number in "yellow pages") take your wife and explain the situation, they should be able to advise you. Take your wife along and talk things over with them, they are very helpfull people.

[whatsoever]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

The rule on public funds is very specific to prevent foreign nationals abusing the generous welfares system paid for by British nationals. I was only too aware of this rule many years ago when i took my Thai wife to the UK. When we went to the Home OFFice for her Indefinate Leave To Remain Visa one of the first questions was had we had access to public funds. Even though i was out of work for sometime i didnt even claim for myself (just to be on the safe side). Seems you know the rule and have ignored it. I doubt if you will be granted further leave to remain - otherewise whats the point of the rules. And i am sure when you first applied for entry to the UK that you both gave assurances that you could maintaine yourselfs.

However, if your circumstances were unforseeable you may get a sypathetic hearing. You did say your jobs were unstable - so if this was on your original application for a visa you should be OK - if not well who knows.

Good luck

Edited August 3, 2008 by whatsoever

[Familyonthemove]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

Yes - I'll second the Citizens Advice Bureau advice.

Quote: "I read some of the discussions on this forum and I was quite impressed" ..... which discussions were those, I must have missed them??

[Eff1n2ret]

If your wife is claiming public funds to which she would be entitled if she wasn't married to you, e.g. child benefit, or even jobseekers allowance for herself, this does not contravene the "public funds" provisions of the Immigration Rules. By all means, seek advice from the CAB so as you know exactly where you stand.

[vinny]

Which public funds is she claiming?

[RAZZELL]

Which public funds is she claiming?

The operative word is "she"...not "me"

RAZZ

[farangmal]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

Ziaka,

Your Wife will be able to claim Child Benefit in HER NAME and BOTH of you will be able to claim Child tax credits. Because the Law demands that if you are living as a couple it has to be a joint claim.

Anything else could break the conditions of your visa. BECAUSE you have to be truthful to them and admit you are living as a couple.

I claimed Child Benefit and we both claimed Child Tax Credit and today no questions were asked at the Public Enquiery Office and my Wife got Indefinite Leave to Remain.

You or your Wife have to show you have means to support yourself in the UK without claiming benefits.

Have you passed the life in the Uk. You need that also.

[caledonia]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

Ziaka,

Your Wife will be able to claim Child Benefit in HER NAME and BOTH of you will be able to claim Child tax credits. Because the Law demands that if you are living as a couple it has to be a joint claim.

Anything else could break the conditions of your visa. BECAUSE you have to be truthful to them and admit you are living as a couple.

I claimed Child Benefit and we both claimed Child Tax Credit and today no questions were asked at the Public Enquiery Office and my Wife got Indefinite Leave to Remain.

You or your Wife have to show you have means to support yourself in the UK without claiming benefits.

Have you passed the life in the Uk. You need that also.

I would re-itterate what has been stated here - your situation is slightly different in that your wife has a child from a previous relationship. Every child in the UK who is a resident or citizen is entitled to Family benefit as it is non means tested and your wife would be entitled to this regardless of your being here or not. In many respects working tax credits can be similar and it will depend on what elements of tax credits you are receiving - childcare for instance, low income premium etc.

I also don't recall the indefinite leave application asking how myself and hubby had sustained ourself for the last two years but rather it asked about our incomes at the time of appication, call me naive but given the DWP can't manage to communicate within themselves or to the Prison Service to ensure prisoners are not getting benefits I would be mighty susprised if they could communicate with the Home office to say which settlement visa apps had been party to a joint working tax credits claim.

[farangmal]

Hi all! !

This is the first time I am writing on this forum as obvious I am a new member. I read some of the discussions on this forum and I was quite impressed. So I thought this forum might have the solution to my query.

Thw situation is that I am living in the United Kingdom for some years now. Very recently I married to my girlfriend who is a British citizen. I have now got a 2 years Marriage Visa issued by the Home Office. In the letter, the Home Office guided that if 'any public funds are claimed on my behalf by my sponsor, this will affect my indefinite leave to remain'. I assume what the Home Office is saying that if my wife claims any public funds during this two-year period, then my indefinite leave to remain will be affected.

Now the situation is, because my wife wife has a daughter from her previous marriage and the fact that both us do not have a stable job, she has started to claim the public funds.

My question is, because of the above situation, will the HomeOffice be able to practically refuse my indefinite leave to remain application after two years?

Can someone kindly reply to my query.that will be a great help and will be much appreciated.

And probably a solution, if any.

Thanks a many

Ziaka

Ziaka,

Your Wife will be able to claim Child Benefit in HER NAME and BOTH of you will be able to claim Child tax credits. Because the Law demands that if you are living as a couple it has to be a joint claim.

Anything else could break the conditions of your visa. BECAUSE you have to be truthful to them and admit you are living as a couple.

I claimed Child Benefit and we both claimed Child Tax Credit and today no questions were asked at the Public Enquiery Office and my Wife got Indefinite Leave to Remain.

You or your Wife have to show you have means to support yourself in the UK without claiming benefits.

Have you passed the life in the Uk. You need that also.

I would re-itterate what has been stated here - your situation is slightly different in that your wife has a child from a previous relationship. Every child in the UK who is a resident or citizen is entitled to Family benefit as it is non means tested and your wife would be entitled to this regardless of your being here or not. In many respects working tax credits can be similar and it will depend on what elements of tax credits you are receiving - childcare for instance, low income premium etc.

I also don't recall the indefinite leave application asking how myself and hubby had sustained ourself for the last two years but rather it asked about our incomes at the time of appication, call me naive but given the DWP can't manage to communicate within themselves or to the Prison Service to ensure prisoners are not getting benefits I would be mighty susprised if they could communicate with the Home office to say which settlement visa apps had been party to a joint working tax credits claim.

On page 10 of the SET (M) form you have to declare if you or your Partner are receiving Public funds and tick the boxes, indicating what you are receiving.

You have to provide bank statements, income for the last three Months before the application...

It's Child benefit and she will be entitled to that.

[caledonia]

On page 10 of the SET (M) form you have to declare if you or your Partner are receiving Public funds and tick the boxes, indicating what you are receiving.

You have to provide bank statements, income for the last three Months before the application...

It's Child benefit and she will be entitled to that.

Exactly - you are providing details of how you live now - not how you have lived for the last two years.

Likewise bank statments cover the last three months. There were times in the two years where we really struggles as hubby's work was not regular - whilst we didn't use public funds at any point given our financial situation at times they might well have said we would need to given the state of our bank accounts. Thankfully that is no longer the case nor was it the case at the time of application (or the three months before).