Really In Need Of Help - Huge Problem

[unicorn21]

Hello, A friend told me about this forum and said people may be able to advise me on my current situation.

My wife is currently in the UK on a 2 year settlement visa which expires next month, she has everything in place to apply for ILR, until yesterday I lost my job!

The first problem is I will now struggle to find the £750 application fee and the second problem is when I look at the form they expect to see proof of household finances, if I am not working I am worried she will be refused ILR.

Does anyone know if it is possible to get an extension of her visa due to exceptional circumstances or would I still have to pay for this?

I should hopefully be back in work in a month or two but until then I will have to claim benefits.

I have been told that my wife cannot be deported as we have a child together who was born in the UK I hope this is true but doubt that it is.

Please can anybody offer me any advice?

[Artisi]

If the rules are anything like Australia, you should immediately belt your wife (figuratively) and have her walk out on you taking the child with her, she should then file for divorce - this way she can request to stay in the UK and probably claim government suppport at the same time. Not really an ethical approach but it might be a back-door way of overcoming the problem.

Edited December 20, 2008 by Artisi

[Geekfreaklover]

First thing you need to do is sign on the old "Jam Roll".

Once you are claiming unemployment benefit the door to other benefits should open. The council office may have some sort of fund for these kind of situations i.e; visa application fees. Although I do believe that the Visa states clearly 'no recourse to public funds'

Visit the council office on Monday and make a claim for unemployment benefit is the first step..

[nigelandjan]

Hello, A friend told me about this forum and said people may be able to advise me on my current situation.

My wife is currently in the UK on a 2 year settlement visa which expires next month, she has everything in place to apply for ILR, until yesterday I lost my job!

The first problem is I will now struggle to find the £750 application fee and the second problem is when I look at the form they expect to see proof of household finances, if I am not working I am worried she will be refused ILR.

Does anyone know if it is possible to get an extension of her visa due to exceptional circumstances or would I still have to pay for this?

I should hopefully be back in work in a month or two but until then I will have to claim benefits.

I have been told that my wife cannot be deported as we have a child together who was born in the UK I hope this is true but doubt that it is.

Please can anybody offer me any advice?

I wish you all the luck in the world mate your gonna need it !! ,,,,,I am a little suprised when you say you have all in place to apply for her ILR when you say now you are gonna struggle to find her £750 application fee,,,,,,,you wil need to show a hel_l of a lot more on your bank statements for the last year than that. Also has she taken and passed the NEW UK citizenshit test ?? it has recently been updated with over 2500 totally alien and unrelated questions about the UK ,,,,,I dont know ANYONE from the UK that would pass this let alone a Thai ! I have just got my UK legally married wife her first 2 year LTR and we was grilled 4 times by 4 different sets of people about 1 years bank statements and wage slips,,,we 100% own our property ie no mortgage or rent either,,,my wife has 7 university degrees and is finding it very difficult to pass this stupid bloody test,,,,,, good luck mate,but your not alone ,I am also prepared to be broken hearted in 2 years time,,,,,unfortunately marriage has NO human rights,,,

[unicorn21]

Hello again, yes fortunately my wife has passed the life in the uk test and we have bank statements and wage slips for the last two years showing a good income. I have enough in savings to pay her application fee but may have to use this to live on, don't know how quickly I will get any benefits or how much it is likely to be. I am most worried about being unemployed when we submit the application.

If I can get the funds together and still be able to live I can submit her app on 1st Jan (30 days before) and show wage slips up until this week, maybe this will be ok but it is going to be very tight. Could really do with some expert advice.

Thanks for your kind wishes Nigelandjan.

[DC1066]

It's a difficult one and awful timing.

You could as you say submit and enclose your pay slips until this week, but there is a question on there asking if you are working and what income you are bringing in.

It's one thing to present the facts in the best light to suit your situation, but another thing to put something on the application that is deliberately untrue and IF caught out, could cause more problems.

You say that you think you will get a job in a month or two, check your timings and the window you have for inputting your application, but is it possible to get a job - any job - just so you can truthfully put on the form you are employed and then once you've submitted it, go about looking for the job you really want.

Other than this, I can't help and suggest you wait for a reply from one of the stalwarts of this board - but make sure you're getting advice from one of those people who do know rather than those who just think they know the answer.

Good luck to you.

[Boo]

If there is a requirement to show household income for ILR it will not be a problem putting you have lost your job & are looking actively for work & will be better than lying, just enclose previous payslips to show your earning abilities but really ILR is not the same as the initial SV, you wife has already been int he UK for 2 years, they are not looking to kick her out, only that you still have a genuine relationship & that SHE hasn't been milking the system.

The main paperwork requirement (from memory) is to show she is on bank accounts & bills etc & that SHE has not claimed public funds as the no recourse to public funds is for your wife, not you, so you claiming benefits will not be a problem either.

Not having the fee is a different situation, is there not a family member you could make a loan from or ask your bank? Even if you can't get the ILR fee you will still need to pay an FLR fee if she is going to be able to remain in the UK so one way or another you will need to come up with it cause just having a child together will not prevent her being a whole heap of trouble if you (she) doesn't get a new visa when this one expires. She may not get deported but the likelihood of the Home Office being happy to give her a new visa after overstaying her current one is debatable but why cause yourself this kind of problem.

When you apply for ILR you have to show proof of address for the 2 years, are still in a relationship, that your wife has become involved in the UK, i.e. working or at school or stay at home mum etc & of course either the life in the UK test pass or a pass from one level to the next on an ESOL course with life in the UK content. My husband & countless other thais I know) managed it with studying online for a couple of months every evening after work. It just takes putting in the effort & helping with questions.

[mariner29]

Its actually 6 documents now for each year now i would apply , you may use your credit card to pay.

Edited December 20, 2008 by mariner29

[unicorn21]

What are the consequences if my wife overstays for a short time because I cannot raise the cash?

Would they really be that hard on a young family?

[nonthaburial]

Never been in this awful situation, but have always realised honesty is the best policy. Even Government officers I would hope to have some compassion.

[Boo]

If she overstays she will be in the UK illegally & will have no rights to work, medical care etc. She will have to start the process over again by applying for a new settlement visa visa in Thailand thereby voiding the previous two years of residency in the UK & when the eco in BKK sees she overstayed her past visa, it may go against her & they may refuse to issue another one. Either way she will have to leave the UK when her current visa expires if you dont' plan on getting ILR or FLR. (this is how I am reading the rules on the HO website, I am not a immigration lawyer or specialist)

The law seems quite clear on it, that a government officer may be sympathetic & they probably will be means nothing, they have rules to follow so wont be giving her an exention for free.

option 1) Visa expires,. she overstays & screws up possible future chances for ILR, citizenship or even another residency visa

option 2) you put her on a plane to BKK once her visa expires & apply for a new one onces you have the money (bit silly this cause plane ticket will cost, plus money for her to live on etc)

option 3) find the money, apply for ILR & worry about paying it back once your wifes positon is secure.

Is there really no way you can use a credit card, make a loan, ask family or friends to chip in ? Does your wife work? possible her employer will make her an emergecy loan? Have you called the citizens advice about possible options, they can provide you with a limited amount of legal advice for free.

[unicorn21]

Thanks Boo, things are really not looking good. I can try and ask family for help but as you probably know unemployment is getting really high in the UK and most of my family are in the same line of work as me and are worrying how long they are going to have a job for. It seems the only option I have is to get the money together somehow, her going back to Thailand is just not an option. Thanks to everyone who has given me advice so far.

[richardb]

What are the consequences if my wife overstays for a short time because I cannot raise the cash?

Would they really be that hard on a young family?

Please stop panicing .

1. On no account let her leave to remain expire. If you do you you have to apply for further leave from abroad.

2. The rule is dead simple . You are still together. SHE did not have recourse to public funds for the last two years. YOU are entitled to public funds for YOURSELF.

3. Get the application in by hook or by crook. Its 99% certain to be granted

Richard

[Boo]

Good luck unicorn21, even if you borrow from mates & family 100 quid here & there then do it, apply for an overdraft. Whatever you do, do not let her overstay. It will mess you up. I appriciate things are hard but this is your #1 priority so give up drink, fags, nights out until it is sorted.

[unicorn21]

Hello again, not sure if anyone will know the answer to this but a lot of my bills like rent and council tax are in joint names with my wife, if I get housing benefit and council tax benefit will this be seen as her claiming public funds? Would it be better to get them just in my name before I claim? We get tax credits already but this is claimed in my name.

[7by7]

Your wife cannot claim certain public funds until she has ILR, for a list see Para 6 of the Immigration Rules. However, you can claim any benefit to which you are entitled, the only problem being that you cannot claim any additional amounts of the proscribed funds due to your wife being here.

For example, contributions based JSA is not on the list therefore if you are entitled to it you can claim an additional amount for your wife. But income based JSA is on the list so you can claim for yourself but cannot claim any extra for your wife.

Your wife cannot claim housing or council tax benefit, but you can. The claim should, of course, be in your name only.

Whatever happens you must not let her current leave to remain expire. Whether you have to pay for her ILR via your credit card or by borrowing from friends or family that application must go in on time.

I know times are hard at the moment, but don't be picky about what jobs you will consider. Any job is better than none, and you can look for something better once she has her ILR.

[scotty123456789]

Hello again, not sure if anyone will know the answer to this but a lot of my bills like rent and council tax are in joint names with my wife, if I get housing benefit and council tax benefit will this be seen as her claiming public funds? Would it be better to get them just in my name before I claim? We get tax credits already but this is claimed in my name.

Hi,

Im also claiming working tax credit and maybe someone could answer me this question.

When I recieve a letter from the tax credit my wife also gets one too, exactly the same, is this normal.

Also does anyone know the percentage rate of of ILR/FLR applications being granted, I have looked on this forum but cant see any being refused.

Scotty

[7by7]

When I recieve a letter from the tax credit my wife also gets one too, exactly the same, is this normal.

Yes.

Also does anyone know the percentage rate of of ILR/FLR applications being granted

I don't know if such figures are produced by the government, but I personally can't recall anyone being refused.

[Martian]

I'm not sure if this will help but I was in a similar situation in the USA. In February, my wife filed for citizenship and at the end of April I lost my job after 22 years of service. We just continued with the citizenship process including the interview and test taking and then the swearing in during September. I can't recall her ever being queried about finances after the initial fiancee visa and told my wife to not even go there during the citizenship process unless they went in that direction.

Perhaps, you can submit documents that were signed and dated BEFORE you lost your job and it then couldn't be construed as being deceptive or committing perjury????? I would have to think that the application papers and circumstances at the time of application hold a lot of weight in such proceedings. If the documents are signed and dated before you lost your job then both of you can testify to the accuracy and validity of the information contained within.

Although I'm not an English citizen, I might have to agree with the one poster who said to submit everything anyway because all they are probably looking for is the legitimacy of the relationship and it sounds as if you have that covered quite nicely.

Good luck and I wish you and your sweetie the best.

Martian

[The Philosopher]

Hello again, not sure if anyone will know the answer to this but a lot of my bills like rent and council tax are in joint names with my wife, if I get housing benefit and council tax benefit will this be seen as her claiming public funds? Would it be better to get them just in my name before I claim? We get tax credits already but this is claimed in my name.

When you go to claim your first claim will be job seekers allowance, this is either paid on a flat rate if yoy have I beleive up to £3k in savings. If you do not have £3K in savings or any other income you can apply for means tested job seekers allowancemthis is more than the flat rate and will open the door to many other benfits such as housing benefits. Get to the dole office ASAP and fully explain your situtaion to them.

[unicorn21]

Hello again, first of all thank you to everyone who gave me advice a few months ago. The good news is my wife has successfully received her ILR with no further questions asked or additional info requested. It took nearly three months and we were starting to get a bit worried but her passport arrived back last week with the ILR stamp in it. So, one big problem solved, thanks again to everyone for your help.