Uk Settlement Visa = Working Rights = Nhs Cover?

[cernlife]

So if one gets a Uk settlement visa and so can work and then gets a job and pays taxes. Does this then entitle them to use the NHS? After all they are contributing to the national purse and so should benefit from this?

[kunash]

your wife is entitled to NHS care on a settlement visa. (this includes visits to the doctor's surgery)

[cernlife]

your wife is entitled to NHS care on a settlement visa. (this includes visits to the doctor's surgery)

fantastic.

But why do I read that they want to see that the spouse has sufficient funds to support the Thai wife so there will be no draw on public funds? Hang on isn't NHS a draw on public funds?

[kunash]

your wife is entitled to NHS care on a settlement visa. (this includes visits to the doctor's surgery)

fantastic.

But why do I read that they want to see that the spouse has sufficient funds to support the Thai wife so there will be no draw on public funds? Hang on isn't NHS a draw on public funds?

your wife is entitled to certain public funds

• Attendance Allowance

• Carer's Allowance

• Child Benefit

• Child Tax Credits

• Working Tax Credits

• Disability Living Allowance

• Contributory related Employment and Support Allowance - ESA ©

• Severe Disablement Allowance

• Social Fund Payment

NHS care

benefits she would not be entitled to, would be unumployment benefit, etc

[7by7]

If your visa is endorsed "No recourse to public funds" then you cannot claim:-

• income-based jobseeker's allowance;
• income support;
• child tax credit*;
• working tax credit*;
• a social fund payment;
• child benefit;
• housing benefit;
• council tax benefit;
• state pension credit;
• attendance allowance;
• severe disablement allowance;
• carer's allowance;
• disability living allowance;
• an allocation of local authority housing;
• local authority homelessness assistance;
• health in pregnancy grant; and
• income-related employment and support allowance.

* Tax credit claims must be made jointly by spouses and partners. So if in the UK as the spouse or partner of a UK resident who is entitled to tax credits, then your name must be included on the claim.

You may claim contribution based benefits such as:-

• contribution-based jobseeker's allowance;
• incapacity benefit;
• retirement pension;
• widow's benefit and bereavement benefit;
• guardian's allowance;
• statutory maternity pay;
• maternity allowance; and
• contribution-related employment and support allowance.

Source.

In addition, anyone coming to the UK to take up residence may receive full NHS treatment from day one.

Whether someone can work depends on the type of visa they hold. Spouses can work from day one.

[kunash]

If your visa is endorsed "No recourse to public funds" then you cannot claim:-

• income-based jobseeker's allowance;
• income support;
• child tax credit*;
• working tax credit*;
• a social fund payment;
• child benefit;
• housing benefit;
• council tax benefit;
• state pension credit;
• attendance allowance;
• severe disablement allowance;
• carer's allowance;
• disability living allowance;
• an allocation of local authority housing;
• local authority homelessness assistance;
• health in pregnancy grant; and
• income-related employment and support allowance.

* Tax credit claims must be made jointly by spouses and partners. So if in the UK as the spouse or partner of a UK resident who is entitled to tax credits, then your name must be included on the claim.

You may claim contribution based benefits such as:-

• contribution-based jobseeker's allowance;
• incapacity benefit;
• retirement pension;
• widow's benefit and bereavement benefit;
• guardian's allowance;
• statutory maternity pay;
• maternity allowance; and
• contribution-related employment and support allowance.

Source.

In addition, anyone coming to the UK to take up residence may receive full NHS treatment from day one.

Whether someone can work depends on the type of visa they hold. Spouses can work from day one.

i thought, If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the U

The full list is:

• Attendance Allowance

• Carer's Allowance

• Child Benefit

• Child Tax Credits

• Working Tax Credits

• Disability Living Allowance

• Contributory related Employment and Support Allowance - ESA ©

• Severe Disablement Allowance

• Social Fund Payment

[VisasPlus]

Cemlife - your wife will be entitled to certain benefits once she is in the UK as your wife, but first she has to qualify for a visa. You seem to be thinking along the lines of her qualifying for a visa because she will have support and accommodation from any benefits she could claim once there. You seem to have abandoned your other thread on how she might qualify for a settlement visa, but the fact is that you will have to show that you can maintain and support her before a visa is issued. You will need to get a job and somewhere to live, or have third party support. The benefit system is not there so that you can study, and your wife is supported by the State.

[7by7]

i thought, If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the U

I got my information from the UKBA, as can be seen if one clicks on Source.

Where did you get yours?

It is not so much a question of whether they are subject to immigration control or not, but whether their leave to enter/remain is endorsed "No recourse to public funds." Which a spouse visa will be.

[cernlife]

Cemlife - your wife will be entitled to certain benefits once she is in the UK as your wife, but first she has to qualify for a visa. You seem to be thinking along the lines of her qualifying for a visa because she will have support and accommodation from any benefits she could claim once there. You seem to have abandoned your other thread on how she might qualify for a settlement visa, but the fact is that you will have to show that you can maintain and support her before a visa is issued. You will need to get a job and somewhere to live, or have third party support. The benefit system is not there so that you can study, and your wife is supported by the State.

Thanks for the concern, but I was not thinking like that. I do not intend for her to claim any benefit of any sort if she did qualify for a UK settlement visa I was only worried about the NHS issue just in case she became seriously ill and had no option but to go to the NHS and so wanted to clarify on the issue of if she could use the health system when here.

She will be going back to Bangkok this week to apply for a settlement visa and as such I would like any critical constructive remarks of the paperwork I have prepared so far for here application form.

1 Letter from Sponsor

1.1 Letter from Third party

2 VAF4 Application form

2.1 2 passport photos of applicant

3 Marriage certicate document

4 TB certificate (she will get this in Bangkok)

5 Sponsor ID documents

5.1 UK passport copy, every page

5.2 Australian passport copy, every page

5.3 Original birth certificate

5.4 University of XXX, PhD enrollment letter

5.5 Details of Sydney, Australia property

6 TB certificate

7 A1 English language test paper

8 UK accommodation

8.1 Tenancy agreement

8.2 Floor plan of our flat

8.3 Sponsors parents house

8.4 Floor plan of sponsors parents house

9 Utility Bills 13

9.1 Electric

9.2 Wessex Water

9.3 British Telecom

10 Bank statments of sponsor

10.1 Bank statements from Third Party support

11 Spouse Thai land title deed

12 Spouse Thai business documents

12.1 Thai Business registration document

13 Copy of wife's Thai ID card

14 Photos

A few notes to explain why I have included some of the above

1 Letter from Sponsor & 1.1 Letter from Third party

Ive explained the usual how we met, length of relationship, reasons for living in the UK - because I have just started a PhD degree, our intentions etc.... And the the crucial part about financial support which may be the crunch aspect to whether she gets the settlement visa or not. As explained in another thread as I'm a PhD student in mathematics, so technically, I am unemployed, have no UK income and rely on third party support from my parents. Therefore I have explained this and showed monthly income of 2000 pounds from them through my bank statements. I have then included another letter from my parents stating that they will continue to do this and backing this up with bank statements showing their significant wealth and large property we can also live in.

5.1 UK passport copy, every page & 5.2 Australian passport copy, every page

In the letter I explained how we meet in Thailand, as I lived there permanently from 2003 until the end of 2010, we meet in 2006 and I stated that we lived together permanently in Thailand since 2006 and so in order to prove this was possible, the every page passport copies (I have duel nationality and have used both passports whilst in Thailand) show the Thai visa stamps proving I was staying in Thailand during those years, photos back up are relationship then.

5.5 Details of Sydney, Australia property

I'm hoping this will help, although its pretty weak on evidence. Basically I own a property in Australia, worth a lot of money, and I get rent of 1,700 pounds a month from this. However I cannot prove this (well I trying to find some way to), all I can provide at the moment is the building committee's contact number and agent contact number which if they phones would back up the fact that I legally own the property and confirm the rent I get. I know its lame but I have no access to internet banking for my Ozzie account, no title deed here, no proof what-so-ever that I own it and get the rent. I have also stated (but again there is no proof) that I will be putting the Australian property on the market and selling it so I can use some of the capital to support myself and my wife here in the UK, but until that time my parents have guaranteed in their letter that they will fully support us in terms of rent, living expenses and tuition fees so there will be no call on any public funds.

11 Spouse Thai land title deed &12 Spouse Thai business documents

Although they have no relevance to her staying in the UK, they back up our relationship in Thailand, as although I had another business of my own in Thailand I stated in the sponsor letter we also worked together at her business located on her land, hence the title deed copy, photos again back this up. I was also hoping this would show she had some skills in hospitality, and was not an unemployed Thai from a hill-tribe. She owns land equivalent to owning land on say on Chawang beach in Samui (she doesn't but its equivalent, I just don't want to give a away exactly where shes from on this forum) so its not like she comes from a poor down and out village and is looking for salvation in England, shes not, its just she wants to stay here as I am here. (I haven't written anything like that on the visa letter). Its just that if I was at the UKBA in Bangkok and I read on the application that "man meet Thai wife at Patpong, Wondergirls Bar and she came from a mountain hill tribe in northern Thailand" I would have that stereotypical foreign man and Thai lady thoughts pop into my head - which I am trying to avoid them having.

Also...

As we lived together for 5 years in Thailand I don't have any records of skype calls or emails to include, I also don't have any UK pay slips, tax slips, UK enrollment to vote letters, or many other items that have been included on other peoples list of documents that they have submitted as they have been living in the UK for a long time which I have not been.

Any thoughts please, they are very welcome.

[kunash]

Where did you get yours?

Thaivisa.com i was quoting from a post on this forum, so not sure the source.

[koan]

> as I'm a PhD student in mathematics, so technically, I am unemployed

No, technically you are in full time education ("higher", "further" or "postgraduate" education, take your pick).

Unemployed means your status is that you are jobless and you are ready to work. If you were offered a job tomorrow you would not take it because your efforts are focused on your studies.

Regarding NHS: the NHS does not support you. I don't understand why you are expecting your wife to get sick. Has she heard bad things about UK weather ?

By the way, your stereotypes are not very good. My understanding is that *most* hill tribe people don't mix with mainstream Thai people and are *mostly* looked down upon. Can't imagine a hill tribe bargirl, but then again I don't frequent that scene.

[cernlife]

> as I'm a PhD student in mathematics, so technically, I am unemployed

No, technically you are in full time education ("higher", "further" or "postgraduate" education, take your pick).

Unemployed means your status is that you are jobless and you are ready to work. If you were offered a job tomorrow you would not take it because your efforts are focused on your studies.

Regarding NHS: the NHS does not support you. I don't understand why you are expecting your wife to get sick. Has she heard bad things about UK weather ?

OK so I'm not "technically" unemployed.

No I don't expect my wife to get sick, but I just wanted to know "what if" as I can't find my crystal ball.

I was kind of hoping for some constructive comments on my applications but I think I'll open a new thread for that.

[VisasPlus]

> as I'm a PhD student in mathematics, so technically, I am unemployed

No, technically you are in full time education ("higher", "further" or "postgraduate" education, take your pick).

Unemployed means your status is that you are jobless and you are ready to work. If you were offered a job tomorrow you would not take it because your efforts are focused on your studies.

Regarding NHS: the NHS does not support you. I don't understand why you are expecting your wife to get sick. Has she heard bad things about UK weather ?

OK so I'm not "technically" unemployed.

No I don't expect my wife to get sick, but I just wanted to know "what if" as I can't find my crystal ball.

I was kind of hoping for some constructive comments on my applications but I think I'll open a new thread for that.

You have given a list of documents that you will submit with your wife's application. In itself, that is fine, but nobody knows what is in the documents, so we cannot comment. In a different thread you asked for constructive comment, but merely stated " lame" to everything you were told. You made a big thing of how much money your parents have, and how they could support you by giving you a big lump sum. I told you to do that, but you didn't even respond, you just started another thread. According to you, your parents can give you enough money to show support for you and your wife until you finish studying, so why don't you do that ? It would certainly take the problem of third party support out of the application.

[bangkockney]

i thought, If a person is subject to immigration control and lives with a family member who is a British citizen or a national of a country in the European Economic Area (EEA) they can claim certain public funds if they have a right to reside in the U

I got my information from the UKBA, as can be seen if one clicks on Source.

Where did you get yours?

It is not so much a question of whether they are subject to immigration control or not, but whether their leave to enter/remain is endorsed "No recourse to public funds." Which a spouse visa will be.

No Recourse to Public Funds is not the be-all and end-all.

Many benefits carry exceptions will allow holders of visas with such an endorsement to claim said benefits.

Child benefit is a perfect example.

[koan]

I was kind of hoping for some constructive comments on my applications but I think I'll open a new thread for that.

You were going to write "unemployed" on your visa application until your read my comment.

There's no pleasing some people.

[maloyd1]

If your visa is endorsed "No recourse to public funds" then you cannot claim:-

• income-based jobseeker's allowance;
• income support;
• child tax credit*;
• working tax credit*;
• a social fund payment;
• child benefit;
• housing benefit;
• council tax benefit;
• state pension credit;
• attendance allowance;
• severe disablement allowance;
• carer's allowance;
• disability living allowance;
• an allocation of local authority housing;
• local authority homelessness assistance;
• health in pregnancy grant; and
• income-related employment and support allowance.

* Tax credit claims must be made jointly by spouses and partners. So if in the UK as the spouse or partner of a UK resident who is entitled to tax credits, then your name must be included on the claim.

You may claim contribution based benefits such as:-

• contribution-based jobseeker's allowance;
• incapacity benefit;
• retirement pension;
• widow's benefit and bereavement benefit;
• guardian's allowance;
• statutory maternity pay;
• maternity allowance; and
• contribution-related employment and support allowance.

Source.

In addition, anyone coming to the UK to take up residence may receive full NHS treatment from day one.

Whether someone can work depends on the type of visa they hold. Spouses can work from day one.

This is all correct.

Only when you have permanent leave to remain can you claim all the benefits of a UK citizen.

That usually takes 2 years dependant on your initial Visa.

My wife came to the UK on a Marriage Visa which lasted 6 months during which time we had to get married.

During these 6 months she had no recourse to Public funds and was not allowed to work.

Even so we applied for an NHS number and she had the full facilities of the NHS as she was a dependant of a UK national.

We then applied for and received a 2 year extension. During this period she could work but still had no recourse to public funds.

Final hurdle was to get Indefinite Leave to Remain (I.L to R). This took 2 attempts as on the first application they wanted more information about the "Ball & Chains" disability and issued a second 2 year extension. Wife was exempt the English Reading/Speaking/Writing tests as she is Deaf & Dumb. Once we obtained all the letters etc from the Hospital Specialists we had to wait for the 2 year extension to finish before we could re-apply for Indefinite Leave to Remain. By the way we did have all the required information in accordance with the rules a regs on the first application for I.L to R but the British Authorities moved the goal posts and asked for more information. (A bit like the Thai Immigration people) We did get the Indefinite Leave to Remain at which point we could claim all the benefits (Public Funds).

By the way during the 4 years of extensions my wife had 2 babies delivered by Caesarean Section on the NHS.

Hope this helps.

[samsingsong]

This is a bit of a twist on this thread, but maybe somebody can help please!

Checking the internet for info/advice for UK Settlement Visa information, I found one page on a visa company's website that stated that the sponsor of a Settlement Visa applicant "may not be in receipt of Incapacity Benefit" (I am!). I don't understand why this would be the case as I.B is not a means-tested benefit. I own my own property in the UK & Thailand. I don't have any mortgage, loans or other dependants. I have too much in savings to qualify for any Public Funds (such as Income Support etc.) I do only have a small income, and I am reliant on the I.B, but we have managed to get by fine for the last 7 years.This is partly because we stay the winter in Thailand – so low fuel bills & cheaper cost of living.

Therefore I'm hoping that this visa company is mistaken? Maybe they are thinking that Incapacity Benefit is on the list of Public Funds?

According to UKBA, Incapacity Benefit is NOT on the Public Funds list as it is a "Benefit to which a person is entitled as a result of National Insurance contributions".( I was on I.B at the time we successfully applied for her current 5 year Visitors Visa).

If anybody knows better I'd greatly appreciate any info!

Edited September 4, 2011 by samsingsong

[7by7]

It is the applicant who, if successful, is not entitled to most public funds until they have ILR.

The sponsor may claim any and all public funds to which they are entitled, as long as they don't have to claim any extra due to the applicant living with them.

[7by7]

Even so we applied for an NHS number and she had the full facilities of the NHS as she was a dependant of a UK national.

Sorry to be a pedant, but she wasn't entitled to full NHS treatment because she was the dependant of a British national; she was entitled to full NHS treatment because she had come to the UK to take up residence.

[samsingsong]

Re my previous question, the upshot being 'Can the sponsor of a Settlement Visa applicant be in receipt of Incapacity Benefit'.

Thank you 7by7 for your reply. (A pedant is what we need for accurate information!).

So it appears that Visa Company (I mentioned above) was wrong to state otherwise. They need somebody a little more discerning with the information they give on such important matters - and some people pay them good money for their bad advice.

I must say as somebody in receipt of Incapacity Benefit, I am extremely relieved that their info was wrong!

Edited September 4, 2011 by samsingsong

[7by7]

A nonsense post has been deleted.

[7by7]

Samsingsong, I see from your post in another topic that you and your wife have been together for more than four years, so I suggest that you read Uk Settlement; Spouse Visa Or Ile? Have you been married for 4 years or more?

I also see that you and she are currently in the UK, so as can be seen from the above link, it would be advantageous were she to take the Life in the UK test whilst she is there.

Unfortunately, as it is a written only test there is doubt as to whether passing the LitUK test would satisfy the A1 speaking and listening requirement for spouse, partner etc. applicants; so I'd suggest that she takes a suitable test for that too.

[samsingsong]

Samsingsong, I see from your post in another topic that you and your wife have been together for more than four years, so I suggest that you read Uk Settlement; Spouse Visa Or Ile? Have you been married for 4 years or more?

I also see that you and she are currently in the UK, so as can be seen from the above link, it would be advantageous were she to take the Life in the UK test whilst she is there.

Unfortunately, as it is a written only test there is doubt as to whether passing the LitUK test would satisfy the A1 speaking and listening requirement for spouse, partner etc. applicants; so I'd suggest that she takes a suitable test for that too.

We will have been together for 7 years this Christmas, and married for 5 years in February.

Thanks for the link 7by7 - I've just had a quick scan through it. I know that the requirements / goalposts are forever changing, but I was under the impression that if a couple had been married for over 4 years then the applicant need not do the Life in the UK test?

You will have realised by now that I am a complete idiot! My wife and I have spent almost 50% of the year in the UK (summer months) every year for the last 6 years. I obviously should have got in a Settlement Visa application 5 years ago. Much easier and much cheaper than now. Although in fairness, it was due to bad advice given to me 5 years ago, and then failure of the British Embassy to correct that bad advice when I asked them twice to comment on it! This lead to us getting the 5 year Visitors Visa instead.

We intend to continue spending the winter in Thailand & the summer in the UK for as long as we can. However my wife need to have the right to remain in case at anytime I am stuck here waiting for hospital treatment (as happend a couple of years ago).

We live between Bournemouth & Southampton and I've been looking for place for my wife to do the ESOL A1 language test - so far without luck. I am waiting for a reply from a couple of language shcools in Bournemouth. Anybody happen to know of somewhere we can do this test in this area?

[telco]

My wife has a two year spouse visa which is stamped (no recourse to public funds) My neighbour, who's wife is also Thai has a five year spouse visa with no such restrictions both wives came to the UK about the same time. so what's the difference? One may ask, I am UK born and have paid in to the system for over 40 years. my neighbour has dual English and Irish passports, I had to pay almost £900 to the English embassy for my wife's visa in Bangkok, my neighbour paid zero to the Irish embassy for the same, his wife gets all the benefits including carers allowance, mine gets nothing until she gets permanent right to stay. also his wife is not subject to a schengen visa either, am I peeved off about this? too right I am.

[7by7]

I assume that your neighbour used his Irish nationality to obtain an EEA family permit for her.

EEA freedom of movement treaties and regulations mean that an EEA citizen exercising his/her economic treaty rights in another EEA country can have his/her nonEEA national family members join him/her.

Her access to public funds, though, is limited, (see here) and will be for five years. until she obtains permanent residence.

Your wife will have ILR after 2 years; his wife will not have PR until after 5 years.

Your wife can be naturalised as British after 3 years in the UK; his wife will have to be in the UK for 6 years.

Not sure what you mean by "my neighbour paid zero to the Irish embassy"; the Irish government do not issue entry clearance to the UK! If your neighbour's wife is living in the UK with an EEA family permit she would have obtained it from the British embassy.

Confused by "his wife is not subject to a schengen visa either" as neither the UK nor the RoI are members of the Schengen area. If his wife wishes to visit a Schengen state she will need a visa, just like yours. As both the UK and the RoI are EU members, it will be free for both.

[bobrussell]

Samsingsong, I see from your post in another topic that you and your wife have been together for more than four years, so I suggest that you read Uk Settlement; Spouse Visa Or Ile? Have you been married for 4 years or more?

I also see that you and she are currently in the UK, so as can be seen from the above link, it would be advantageous were she to take the Life in the UK test whilst she is there.

Unfortunately, as it is a written only test there is doubt as to whether passing the LitUK test would satisfy the A1 speaking and listening requirement for spouse, partner etc. applicants; so I'd suggest that she takes a suitable test for that too.

We will have been together for 7 years this Christmas, and married for 5 years in February.

Thanks for the link 7by7 - I've just had a quick scan through it. I know that the requirements / goalposts are forever changing, but I was under the impression that if a couple had been married for over 4 years then the applicant need not do the Life in the UK test?

You will have realised by now that I am a complete idiot! My wife and I have spent almost 50% of the year in the UK (summer months) every year for the last 6 years. I obviously should have got in a Settlement Visa application 5 years ago. Much easier and much cheaper than now. Although in fairness, it was due to bad advice given to me 5 years ago, and then failure of the British Embassy to correct that bad advice when I asked them twice to comment on it! This lead to us getting the 5 year Visitors Visa instead.

We intend to continue spending the winter in Thailand & the summer in the UK for as long as we can. However my wife need to have the right to remain in case at anytime I am stuck here waiting for hospital treatment (as happend a couple of years ago).

We live between Bournemouth & Southampton and I've been looking for place for my wife to do the ESOL A1 language test - so far without luck. I am waiting for a reply from a couple of language shcools in Bournemouth. Anybody happen to know of somewhere we can do this test in this area?

Brockenhurst College run ESOL courses (with citzenship materials) so that may be of help. They may be held at Brockenhurst, New Milton or Ringwood depending on demand.

My wife went to Totton College and did a course there.

If you are closer to Bournemouth I would suggest you speak to the local college of further education because they will either run one or know a college that does.