Uk Settlement Visa Due To Expire

[Sarge7]

A friend of my wife entered the Uk on a 27 month Spouse Settlement .Her visa is

about to expire.Neither herself or her husband are working.He is claiming state

Benefits for housing & Subsistance.They have no savings.

The lady has borrowed 50,000 Bahts from Family in Thailand to fund a visa

application .

I believe her only option is to return to Thailand & re-apply for Settlement visa

when the husband is working . Any thoughts or suggestions ?

She has the relevant ESOL qualification & appears intent on applying for

Indefinite Leave To Remain .A refusal for ILR will leave her no funds to pay

for a flight back to Thailand.

Is there anything i have missed . ie. Human Rights Legislation not to

seperate familys & that she may be granted a further 2 years Settlement visa ?

[ThaiVisaExpress]

Your partner is entitled to public funds you are presently not entitled.

Has the applicant claimed public funds ?

Do you have the required documents to apply for ILR ?

ILR SET M.pdf

Supporting documents section 10.

[7by7]

Indeed, her partner can claim any public funds to which he is entitled, as long as he does not claim any extra for her. Although as claims for tax credits by spouses/partners have to be made jointly she can, indeed must, be included in that.

As long as they show that they can support themselves without him claiming anything extra due to being married and living with her, and her claiming anything at all, then the application should be ok on financial grounds.

Has she worked and paid NI contributions at all? If so, she may be able to claim contribution based Jobseekers Allowance; contribution based benefits are not included in the prohibition on public funds. See Public Funds.

The irony is that once she has ILR then he can claim extra for her and she can also claim anything to which she may be entitled!

[ThaiVisaExpress]

Yes she may well qualify for ILR so I would apply.

[Sarge7]

Thanks for the informative replys.

The applicant has not claimed public funds . Her visa terms

"No recourse to public funds" .She does have the required

documents .Joint Bank Account.Joint Utility Bills and NI Letters

over 2 year period.She has however spent 6 months outside

of UK after death of her father & is able to show death certificate.

7by7. No she has never worked in the UK.

I am surprised that partner may claim public funds as i believed

sponser must be able to accommodate & provide financial support

without recourse to public funds.Just emphasizes the value of the

Forum to get different opinions to my own.

You are correct 7by7 .It is ironic that if obtaining ILR Spouse can

claim extra & she can claim benefits. Not something i agree with

as she has never contributed to UK tax system.Having been fortunate

myself & never been out of work perhaps my moral opinion would be

different " If The Shoe Was On The Other Foot "