IM UNEMPLOYED, Visa advice needed.

[briancol]

Hi,ive just turned 60,im not working,but i am 'carer' for my elderly mother for which i claim carers benefit,which is just 53 pounds a week,i also get housing benefit as i live in a council house.im sure UKBA will not allow my wife into the country under these circumstances,but i do have £5000 in premium bonds and around £5000 in my bank account,my wife hasnt applied for her visa yet but when i was in the Phills in November,just 2 weeks ago, i took all my paper work with me,including bank statements and a copy of the premium bond,which i left with my wife,can anyone tell me if this is enough.or are we in for a big dissapointment?

[Tawi2]

Cant help you Brian,I havent been in your situation,but I would like to wish you all the luck in the world and hope things come good for you and your missus,wishing you good news with your visa application :xxgrinning--00xx3:

[grahamw48]

I believe it's all about regular 'disposable' income rather than savings (unless you have 100s of 1,000s in the bank and so making you of independent means), but others will be more up to date here than me.

In the meantime check out the UKBA website.....all information as to sponsor's requirements is on there.

Do keep us informed of your progress though, as yours is a very interesting case.

Good luck ! :xxgrinning--00xx3:

[Terpe]

briancol,

You must find and provide evidence that you can maintain yourselves and any dependants adequately without needing public funds - see the maintenance (funds) page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/maintenance/)
You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for 27 months, if you are applying from outside the UK. This is called your 'probationary period'.
Your wife will not have access to most public funds (such as state benefits) during the probationary period.

The Evidence of maintenance page describes the documents that you should submit to prove that you meet this requirement.
Please take a look at the Evidence of maintenance (funds) page (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/documents/maintenance) which clearly indicates the type of documents needed.

There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'. It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.

Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and secured loans etc)
Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)

Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available.

In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

The 'Income Support' rates do vary each tax year - so make sure you know the current amounts. Key amounts for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for a dependent child.

In many ways it's a bit of a myth that you absolutely must show plenty of savings. Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Spouse Visa process would advise on having savings.
It clearly costs quite a bit to cover the costs of Visa Application, Air fares, and supporting someone in settlement in UK. It would be reasonable to expect something like £2000 in the form of savings.

Your bank statements will normally show your income and your outgoing expenditure. ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious.

Only those people with a discretionary amount of money close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.

Maintenance may be provided by either:-

The applicant with their own funds or with funds available to them; Or
The sponsor; or
A combination of applicant and sponsor funds; or
Third party support (from family members). The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets. Third party support is not precluded from consideration under the maintenance requirements relating to a spouse.

- Financial Standing
The application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
Bank Statements covering at least 3 months (preferably 6 months)
Salary slips for at least the previous 3 months.(preferably 6 months)
The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
The sponsor's (co-sponsor's) most recent P60.
If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60
can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.
If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.

If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable employment prospects.

If there are disproportionate deposits and withdrawals in the bank statements, they must be explained in the sponsor's letter, in fact explain as much as
you can about the transactions.

There are likely to be some changes made to the 'financial tests' for settlement immigration April 2012.
If these changes would be made in accordance with the published govt reports then it looks unlikely that without employment you would not be in a strong enough position to sponsor your wife.

I strongly suggest you make a review of all available information with a view to making application before April 2012.

Hope this helps in some way.

[Dedworth]

Best off luck Brian.

I'm not well up on visa matters - I've read on these forums before about people born in N Ireland being able to get a passport from the Republic - would there be any mileage in this ? Just a thought.

[joebloggs]

Best off luck Brian.

I'm not well up on visa matters - I've read on these forums before about people born in N Ireland being able to get a passport from the Republic - would there be any mileage in this ? Just a thought.

might be the answer dedworth, do you have an irisih and british passport ? thou the gov has been trying to end this way of getting a family permit, not sure if they actually have yet?

your not allowed to claim 'more of a benefit' becuase your wife is with you.

[briancol]

dont like the sounds of the above,but im not asking the state to keep my wife,i dont have many outgoings,i have no debt of any kind,except paying my car insurance monthly,and i can soon cancel that.i dont drink or smoke. if it comes to it i will claim my 'human rights' like other people seem to do. thanks for all the replies.

[Tawi2]

Keep us informed how it goes Brian?Good luck :xxgrinning--00xx3:

[Dedworth]

if it comes to it i will claim my 'human rights' like other people seem to do. thanks for all the replies.

You haven't got any Brian they're not available to law abiding indigenous Brits - only apply to criminals, ne'r do wells, illegal immigrants and so called asylum seekers.

Good luck

[imagine]

good luck Brian, please keep us all informed of how your getting on,

it is our human rights but those in power forget that

[briancol]

ive just had a look at the irish passport/immigration website, i dont have but seems im entitled to have an irish passport if i wish but having just looked at their visa requirements they dont seem any easier than the british ones.
im not going to give up that easily.
as far as my employment is concerened,where do they expect me,an unemployed lorry driver to get a job at my age,but does that mean im not entitled to have a family life.
arent the sponsor,me,and my wife supposed to have to sign something to say i/we wont try to claim extra benefits for my wife?

[imagine]

ive just had a look at the irish passport/immigration website, i dont have but seems im entitled to have an irish passport if i wish but having just looked at their visa requirements they dont seem any easier than the british ones.
im not going to give up that easily.
as far as my employment is concerened,where do they expect me,an unemployed lorry driver to get a job at my age,but does that mean im not entitled to have a family life.
arent the sponsor,me,and my wife supposed to have to sign something to say i/we wont try to claim extra benefits for my wife?

ok visa requirments the same, but what about human rights to have your wife with you, if you have an irish passport ,,,,,
is it any different to uk, where we dont seem to have

[grahamw48]

The way Europe is going you'll probably be better off living in a Nipa hut next to a nice beach in the Phils. :rolleyes:

[imagine]

The way Europe is going you'll probably be better off living in a Nipa hut next to a nice beach in the Phils. :rolleyes:

sounds like heaven :xxgrinning--00xx3:

[Dedworth]

ive just had a look at the irish passport/immigration website, i dont have but seems im entitled to have an irish passport if i wish but having just looked at their visa requirements they dont seem any easier than the british ones.
im not going to give up that easily.
as far as my employment is concerened,where do they expect me,an unemployed lorry driver to get a job at my age,but does that mean im not entitled to have a family life.
arent the sponsor,me,and my wife supposed to have to sign something to say i/we wont try to claim extra benefits for my wife?

You will have to search the forum Brian but I recall reading that as an EU Man (ie Irish Republic) it was a lot easier to get your wife into the UK, less requirements, rules, checks etc than as a UK Citizen Man

[grahamw48]

My grandmother was Southern Irish...wonder if I can get an Irish passport. :Erm:

[Dedworth]

My grandmother was Southern Irish...wonder if I can get an Irish passport. :Erm:

Possibly but if she was Somali no need for other Eurotrash passports it would be green lights, open doors and red carpets

[stevewool]

The way Europe is going you'll probably be better off living in a Nipa hut next to a nice beach in the Phils. :rolleyes:

indeed , lets all club together and have our own little place over there,

[joebloggs]

ive just had a look at the irish passport/immigration website, i dont have but seems im entitled to have an irish passport if i wish but having just looked at their visa requirements they dont seem any easier than the british ones.
im not going to give up that easily.
as far as my employment is concerened,where do they expect me,an unemployed lorry driver to get a job at my age,but does that mean im not entitled to have a family life.
arent the sponsor,me,and my wife supposed to have to sign something to say i/we wont try to claim extra benefits for my wife?

if you can get an irish passport. it still might be possible for you to use that to apply for a family permit using EU immigratioin rules not British Immigration rules. but you would have to be excerising your treaty rights, and i'm not sure from what you said if you are, if you get a family permit its virtually a legal right for your wife to live with you, unlike UK immigration law :angry:

under UK immigration law, a right to family life, they would probably tell you there is nothing to stop you living in the phils or any other country..

[briancol]

if you can get an irish passport. it still might be possible for you to use that to apply for a family permit using EU immigratioin rules not British Immigration rules. but you would have to be excerising your treaty rights, and i'm not sure from what you said if you are, if you get a family permit its virtually a legal right for your wife to live with you, unlike UK immigration law :angry:

under UK immigration law, a right to family life, they would probably tell you there is nothing to stop you living in the phils or any other country..
hmmm that sounds interesting,about the Irish p/port & a family permit.
as nothing stopping me from living in the Phills or anywhere else theres a little thing called lack of money,thats whats stopping me.lol.

[briancol]

You will have to search the forum Brian but I recall reading that as an EU Man (ie Irish Republic) it was a lot easier to get your wife into the UK, less requirements, rules, checks etc than as a UK Citizen Man

dont understand what you mean,as an EU man,(Irish Republic). im British & live in N Ireland (uk) But im an EU man in the UK or Republic of Ireland,so surely same thing applies.
i like the sounds of the little hut next to the beach in the Phills though,if only.

[Terpe]

The relevant legal ruling was made back in May 2011
Here are some details of the judgement (http://www.freemovement.org.uk/2011/05/05/mccarthy-judgment-available)

Despite the fact that the ruling actually goes against the EEA Family permit route in your case, personally, I would say that if you are eligible for an Irish passport, then the EEA Family Permit route is very well worth a try.

I say a 'worth a try' simply because it is a low cost option and additionally, it still appears that the Home Office has not yet made any official response to the ruling.
Nothing to lose except for the cost of Irish Passport.
Just don't raise your expectations too high.

Going down the human rights route is of course another possibility, but I fear it may take some considerable time and that you would require the services of a good lawyer. (for good read expensive).

[Dedworth]

dont understand what you mean,as an EU man,(Irish Republic). im British & live in N Ireland (uk) But im an EU man in the UK or Republic of Ireland,so surely same thing applies.
i like the sounds of the little hut next to the beach in the Phills though,if only.


What I meant was a citizen of any orther EU Member State except Britain

[briancol]

The relevant legal ruling was made back in May 2011
Here are some details of the judgement (http://www.freemovement.org.uk/2011/05/05/mccarthy-judgment-available)

Despite the fact that the ruling actually goes against the EEA Family permit route in your case, personally, I would say that if you are eligible for an Irish passport, then the EEA Family Permit route is very well worth a try.

I say a 'worth a try' simply because it is a low cost option and additionally, it still appears that the Home Office has not yet made any official response to the ruling.
Nothing to lose except for the cost of Irish Passport.
Just don't raise your expectations too high.

Going down the human rights route is of course another possibility, but I fear it may take some considerable time and that you would require the services of a good lawyer. (for good read expensive).

yea i read this just now, but my eyes where starting to glaze over,though from what i could understand the ruling went against mrs McCarthy.
so what are you saying,the family permit would be easier to obtain in Ireland than in the UK.?

[grahamw48]

Probably yes, because The Irish Republic upholds the rights of its own citizens, whereas the UK gov. couldn't give a ..... :angry: