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Posted

Recently i've been thinking of going back to the UK with my family. I have property in the UK, and I can walk in to a secure job that pays well.

My wife has been to the UK before as a tourist. We have a daughter who has a UK passport.

My questions, is it true that for the first 2 years both my wife and my daughter will be completely dependent on my income. Our daughter is nearly 4 and obviously it will be difficult for my wife to do any kind of work because of our daughter’s age. Would my wife be able to work at all once my daughter goes to school?

When I search here most of the info is about wives, but not much about children. Any advice is welcome.

Posted

As you have a four year old daughter, you have presumably been with your wife for at least 4 years. So UK Settlement; Spouse Visa Or Ile?, Have you been married for 4 years or more? will be of interest to you.

Your wife will be allowed to work immediately she arrives; but if she doesn't, whose income do you expect her to be dependent upon if not yours?

If she receives ILE she will be able to claim public funds, but if she receives ILE subject to KOL or a 27 month spouse visa (see link above) she cannot claim any public funds until she has ILR.

You, however, can claim; but cannot claim any extra because your wife is living with you. You can, however, claim child benefit for your daughter and tax credits. As a married couple have to claim tax credits jointly, she can be included in this claim. See this leaflet.

Posted
As you have a four year old daughter, you have presumably been with your wife for at least 4 years. So UK Settlement; Spouse Visa Or Ile?, Have you been married for 4 years or more? will be of interest to you.

Your wife will be allowed to work immediately she arrives; but if she doesn't, whose income do you expect her to be dependent upon if not yours?

If she receives ILE she will be able to claim public funds, but if she receives ILE subject to KOL or a 27 month spouse visa (see link above) she cannot claim any public funds until she has ILR.

You, however, can claim; but cannot claim any extra because your wife is living with you. You can, however, claim child benefit for your daughter and tax credits. As a married couple have to claim tax credits jointly, she can be included in this claim. See this leaflet.

Thanks, we've been marreid for 6 years. Obviously i expect my wife to be dependent on my income, it's more the child benefit and tax credits. I'll read though the info you posted. Thanks

Posted (edited)

Ok, i've read (most ) of the information you posted. The only thing i'm confused about is

If she receives ILE she will be able to claim public funds, but if she receives ILE subject to KOL

What makes the differnece between "receives ILE", and "receives ILE subject to KOL"? I understand the KOL is the requiered test. Do you mean if she does the test on a visit to the UK then applies for an ILE?

Edited by classic-chassis
Posted

Only spouses who have completed a period of 4 years as the husband/wife of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and who is on the same occasion seeking admission to the United Kingdom for the purposes of settlement, having lived together abroad with their spouse

5 April 10 CH8 - FAMILY MEMBERS, SECT1 – SPOUSES (GENERAL)

throughout that 4 year period, should be issued with an entry clearance endorsed "Settlement Spouse/ CP". These endorsements are rare.

Spouses in possession of an entry clearance endorsed "Settlement Spouse/ CP" should be granted indefinite leave to enter.

Posted
What makes the differnece between "receives ILE", and "receives ILE subject to KOL"? I understand the KOL is the requiered test. Do you mean if she does the test on a visit to the UK then applies for an ILE?

To be granted ILE the applicant needs to show that they have satisfied the KOL requirement. This can only be done in the UK, but once obtained is valid for life. So if in the UK on a visit it can be worth sitting the LitUK test in case you wish to live in the UK at some future time.

If the applicant otherwise qualifies for ILE but has not yet satisfied the KOL requirement then they will be given entry clearance for 27 months (ILE subject to KOL) during which time they pass the LitUK test or a suitable ESOL with citizenship course. Once they have done so they can immediately apply for ILR without having to spend the full 24 months probationary period in the UK. This is worth doing as the fees for ILR were increased each year above inflation by the previous government. I doubt that the new government will be any different.

The actual endorsement on the visa will be "SETTLEMENT SPOUSE/CP (name of spouse/partner)" or "SETTLEMENT SPOUSE/CP (KOL REQ) (name of spouse/partner)." CP stands for Civil Partner.

As TVE's quote from the Immigration Directorate Instructions says, the former is very rare as most applicants will not have passed the LitUK test.

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