Pension Rights For Tw On Settlement Visa In Uk

[newstart07]

Hi all, my Thai wife is currently on a 2yr settlement visa in the UK and has a full time job, her employer has a pension scheme and i was wondering can she join it whilst still on a settlement visa?

Also can anyone just clarify the exact route to UK citizenship, am i right in thinking Esol level 3 or life in UK test must be passed before the 2 years is up? Then what happens after this, assuming we have a ILR?

Now just a moan! How come my wife cant claim any public funds whilst on a settlement visa but they take NI and tax out of her wage!!!! SO FRUSTRATING as surely she shouldnt put anything in to the UK because she cant get anything out if it yet!!! So let just say in 2 years she doesnt get ILR and leaves the UK, will she get all her NI and tax back???

Thanks in advance again

Newstart

[the scouser]

Your wife can contribute to a pension scheme.

One of the requirements of obtaining indefinite leave is to have passed either the Life in the UK test or taken an ESOL with Citizenship course. With regard to the latter, she must be able to demonstrate that:-

1. She's passed the exam;

2. She's progressed one stage; and

3. It was taught in a citizenship context.

The NI contributions your wife makes not only go towards payment of benefits, but also towards NHS medical treatment which she can receive if necessary. Additionally, that she is paying NI means that she will accrue a state pension. Also, it is only public funds she is intially unable to claim and not every benefit is considered to be a public fund. As your wife will have paid NI, if she finds herself unemployed, she will be entitled (depending upon qualification) to contributory benefits such as Job Seekers Allowance.

Scouse.

[newstart07]

Thanks scouse appreciate your help! Oh and everything is going just great too! Couldnt be happier in fact(I hope it stays this way!)

[roygsd]

Hi all, my Thai wife is currently on a 2yr settlement visa in the UK and has a full time job, her employer has a pension scheme and i was wondering can she join it whilst still on a settlement visa?

Also can anyone just clarify the exact route to UK citizenship, am i right in thinking Esol level 3 or life in UK test must be passed before the 2 years is up? Then what happens after this, assuming we have a ILR?

Now just a moan! How come my wife cant claim any public funds whilst on a settlement visa but they take NI and tax out of her wage!!!! SO FRUSTRATING as surely she shouldnt put anything in to the UK because she cant get anything out if it yet!!! So let just say in 2 years she doesnt get ILR and leaves the UK, will she get all her NI and tax back???

Thanks in advance again

Newstart

As your wife is working I am at a loss to understand why you think she should be entitled to recieve public funds?

I am a keen supporter for assisting those in need but at the end of the day if you chose to emigrate to a foreign country

then you accept the law of that country.

Your wife and yourself knew quite well it was a condition of your wifes settlement visa that she has no right to access to Public Funds for two years before departing for the uk.

I would also remind you had, and still have, the choice of supporting your wife from your own resources for the two years

probationary period or working.

I would also remind you that the cost of providing Benefits and medical care quite often outweighs the contribution made

in NI and tax, particularly where child birth/ child care is involved.

Coming to the uk is a gamble for anybody, but it appears you want to change this gamble into a 100% guaranteed win, in order to take something out someone has to put in before it is there to be taken out.

THe uk has many faults of which I am very vocal and critical of, but with respect you know very well that your bread is much better buttered here in the uk than in LOS, infact in LOS oyu would not qualify for even a stale slice of bread muc less have it bettered for you.

How quickly people moving to the uk forget the joy they got when they were granted their settlement visa and also convieniently chose to ignore the many reasons they left their own countries in the first place.

I realise you are a uk citizen, but the reality is your wife is not, if you were to live with your wife in the LOS you would get sweet FA from that system so think yourself lucky you are here with your family.

It could be much worse, the legislation could be written to prohibit all residents that do not hold citizenship from recieving entitlement to benefits and medical services as many countries in the world already do.

The uk is far from perfect, but it beats many other countires like LOS hands down, and you know it.

Roy gsd

Presumably No-one forces your wife to work so if paying NI and Income tax in the uk during her probationay period in the uk would be for your wife to be supported by yourself for the two year probationary period?

[newstart07]

Roy, thanks for your opinion, I think you are reading too much into my 'moan', after all thats all it is, just a moan!! Only because my wife is a little sad because she was a teacher for 10 years in TL and never paid any tax at all! And now she sees NI and Tax come out of her wage and shes only worked 2 months in this country, but many people who she works with and knows since she came to UK are european people who come to work in UK and dont pay any NI or tax, but because we have done everything properly, legal and above board, she is now paying NI and tax, it just disturbs her very much that lots of other people 'fresh' into the country get their wages cash in hand, just crazy as usual its the always the people that do things properly are penalised! The inland revenue never fail to surprise me, she just got a her tax code from them, because she works in tourism, they have accounted an amount of money in tips they assume she will get over the year and deducted this from allowance saying that she must pay tax on tips she may receive!!!!! This is absurd, i have never seen anything like it!! LOL

Edited August 8, 2008 by newstart07

[caledonia]

Not sure who the people working cash in hand are - I know it happens but as someone working with those on low incomes and on benefits it doesn't happen half as much as it used to!!

I am sure you were just having a moan but come on - you are British - you now how the game works - NI and tax are not a new thing and sorry I really hate this " I put something in so I have to get something out" attitude - it stinks!

I am sure thats not what you intended folk to take form your post but with comments like "she shouldnt put anything in to the UK because she cant get anything out if it yet!!! " I am just aghast!!

Your wife may well have worked as a teacher for ten years in Thailand and never paid tax but as wonderful as LOS is - there is still some things in Britain we have that others don't and somehow they have to be paid for! I know in which country I would rather be in need of urgent medical treatment, want to phone the police in an emergency, get an ambulance for my aged "paid tax for 70 years but never took anything out" granda, give birth, get an uplift of dumped furniture on my street, study and generally know that if I ever found myself in dire need I wouldn't be homeless on the street with no help or assistance!

Edited August 9, 2008 by caledonia

[dr_Pat_Pong]

Not sure who the people working cash in hand are - I know it happens but as someone working with those on low incomes and on benefits it doesn't happen half as much as it used to!!

I am sure you were just having a moan but come on - you are British - you now how the game works - NI and tax are not a new thing and sorry I really hate this " I put something in so I have to get something out" attitude - it stinks!

I am sure thats not what you intended folk to take form your post but with comments like "she shouldnt put anything in to the UK because she cant get anything out if it yet!!! " I am just aghast!!

Your wife may well have worked as a teacher for ten years in Thailand and never paid tax but as wonderful as LOS is - there is still some things in Britain we have that others don't and somehow they have to be paid for! I know in which country I would rather be in need of urgent medical treatment, want to phone the police in an emergency, get an ambulance for my aged "paid tax for 70 years but never took anything out" granda, give birth, get an uplift of dumped furniture on my street, study and generally know that if I ever found myself in dire need I wouldn't be homeless on the street with no help or assistance!

[benjamat]

Yes, she is living and working in uk and also getting the benefits of all that entails, pension contributions, free health care, rubbish collection etc etc.

When the visa was applied for you had to state and prove that she would not need state money to survive, you agreed to that and signed up to the agreement. This agreement also includes the right for full uk rights after applying on completion of 2 years.

Why now talk of this as unfair.

On another note, the biggest reason for bigotry and racism in the uk is naturalised brits seeing people come and claim benefits having paid nothing in to the system. These rules are intended to help this situation.

[7by7]

now she sees NI and Tax come out of her wage and shes only worked 2 months in this country

So she wants state welfare benefits such as the NHS without paying into state funds?

many people who she works with and knows since she came to UK are european people who come to work in UK and dont pay any NI or tax

Then they and their employers are breaking the law. As you feel so strongly about it, why don't you report them to HMRC?

because we have done everything properly, legal and above board, she is now paying NI and tax

The same as the vast majority of immigrants into the UK. It is the legal and above board way of doing it!