spouse visa and unemployed

[ron]

Hi everyone always pleased to read whats going on and latest info on this excellent forum.

Anyway hope someone can help on this one. I am ex-military and have served in Iraq during the earlier days. At that time i was badly shot in the back. Thankfully after many years of treatment i was able to recover and walk again with no problem. Unfortunately there as been a price to pay and over 3-4 years i have had alot of pain especially walking long distance. Work wise it as always affected my ability. Time after time i have had to take sickness and even quit jobs becuase of this.

Today my doctor advised that i should not work ever again as my condition.
I then seeked advise from the Citizen advise in Eastbourne. I expalined that i needed to get my wife and child here to uk. Already we have been married 4 years. I also lived in davao city philippines for nearly 3 years.

Anyway he said on disablement benefit (i dont feel disabled) i will receive the following weekly payments

72 pounds incapacity
45 pounds War pension
32 pounds Army pension
25 disability living allownace

I am also due to receive a Army grant of 12,500 pounds
all my rent and council tax is paid by local authority

He told me he feels this would be suffient funds to sho the ECO. As well i could be classd as disabled and uneble to work.

In my view i still feel i need to get back to work but once again i am advised to accept what funds are available and apply for my wifes spouse visa .

Any advise would be gratful

Ron

[ANDRES25]

Do you have a house to accomodate your wife and child? That's one of the requirements in applying for a spouse visa. you also have to prove that you can support them financially without recourse to public funds. But in your case I think you just have to explain everything to them, that you're not allowed to work and provide a doctor's certificate for that. Joe can give u a much better advice on this. Goodluck!!!

[ron]

thanks for reply....yes i have a rented flat. This is a one bedroom and informed its ok for a 2 year old child. I would receive about 170 pounds per week from army pension etc as above
rON

[keithAngel]

Hi Ron well from what you have said looks pretty plain sailing to me providing your land lord will give you a letter saying you can have your missus and kid there the no recourse to public funds bit is only for the first two years and with your net income plus "savings" grant no problem I can see.

If she works that might affect you rent being paid and then theres the council tax as you wont be alone in the flat but doable Go for it and all the best

[Arthur Little]

Though no fault of your own, the injury you sustained on active service - and, moreover, IN DEFENCE OF THE REALM - has evidently left you at least partially *disabled [even though you don't regard yourself as *such]. I can think of few (if any) more honourable testaments to an ex-army man's sense of loyalty to his comrades. In the circumstances, and from the information you've shared here, I cannot imagine an Entry Clearance Officer refusing to grant a spouse visa - especially since your financial situation indicates you will have more than adequate resources [without working] to provide for your wife and child. I think you can safely rely on the reassurance given to you by Citizens Advice, together with your GP's letter of support.

Best of luck mate.

[IainBusby]

thanks for reply....yes i have a rented flat. This is a one bedroom and informed its ok for a 2 year old child. I would receive about 170 pounds per week from army pension etc as above
rON

Hi Ron,
I don't think your finances will be a problem, but I think your accommodation could be. I don't know exactly what the ECO guidance notes say on the subject, but I would have thought that they would require you to have at least two bedrooms to accommodate a married couple and one child. The guidance notes used by the ECO's are published online somewhere, so I suggest that you google it and see what they say about the subject.

Iain.

[joebloggs]

Hi Ron,
I don't think your finances will be a problem, but I think your accommodation could be. I don't know exactly what the ECO guidance notes say on the subject, but I would have thought that they would require you to have at least two bedrooms to accommodate a married couple and one child. The guidance notes used by the ECO's are published online somewhere, so I suggest that you google it and see what they say about the subject.

Iain.

Guidance on overcrowding
The Housing Act 1985 contains statutory definitions of overcrowding in "dwelling houses". Dwelling houses covers both privately owned houses and those owned by local authorities. A house is overcrowded if 2 persons of 10 years old or more of opposite sexes (other than husband and wife) have to sleep in the same room, or if the number sleeping in the house exceeds that permitted in the Act.

The Act specifies the numbers permitted for a given number of rooms or given floor area. For our purposes we adopt the room number yardstick. Account is only taken of rooms with a floor area larger that 50 sq feet and rooms of a type used either as a living-room or bedroom; kitchens or bathrooms etc are not included.

Using the above noted yardstick, the following table provides guidance as to the acceptable (for our purposes) number of persons occupying a house with a stated number of rooms:

NO OF ROOMS ..... PERMITTED NO OF PERSONS
.......... 1 ................................. 2
.......... 2 ................................. 3
.......... 3 ................................. 5
.......... 4 ................................. 7.5
.......... 5 ............................... 10

with an additional 2 persons for each room in excess of 5.

A child under the age of one does not count as a person. A child aged 1 - 10 years will count as only half a person.

[Jay&Zobel]

Hi Ron,
I don't think your finances will be a problem, but I think your accommodation could be. I don't know exactly what the ECO guidance notes say on the subject, but I would have thought that they would require you to have at least two bedrooms to accommodate a married couple and one child. The guidance notes used by the ECO's are published online somewhere, so I suggest that you google it and see what they say about the subject.

Iain.

[Mrs.JMajor]

add to ron question,Is he ok with no payslip at all because i know ECo need those sort of things

[keithAngel]

add to ron question,Is he ok with no payslip at all because i know ECo need those sort of things

I didnt know you get a payslip on the Dole LOL

Seriously though Ron will have evidence of his income as its partly Pension and Partly Incapacity Benefit

[ron]

yes im not receiving uneployment benfit but other benefits due to disability. You are right i dont feel at all disabled. Unfortunately whilst in iraq i was badly shot in the back and just over the last few years caused me alot of pain. My GP suggested that no matter what job i take the pain will not go away and for tis reason as suggested NO WORK . Luckily i get the war pension and army pension . It all helps. Many thanks everyone for your encouragement . I will go for it.

Oh yes i have no il feeling to any iraqi thats war i suppose

[joebloggs]

you'll be able to apply for child benefit, that's an extra £20 a week

also maybe tax credits..

[rayofLight]

[Hellojoe,
were planning to apply this coming 3rd week of april'09...and my fiancee adviced by our agency from england, that its Ok to submitt, only 3months latest bank statement...(coz he had an overdrafts for the fast 3mo., but he had a good job) do you think the embassy will not calling me an orl interview?
thanx

[joebloggs]

[Hellojoe,
were planning to apply this coming 3rd week of april'09...and my fiancee adviced by our agency from england, that its Ok to submitt, only 3months latest bank statement...(coz he had an overdrafts for the fast 3mo., but he had a good job) do you think the embassy will not calling me an orl interview?
thanx

1. Salary slips for at least the previous 3 months, preferably the previous 6 months; AND
2. Bank statements for at least the previous 6 months; AND
3. The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy); AND
4. The sponsor's (co-sponsor's) most recent P60.

but some people have sent less and got a visa, but you should supply what your asked to, if you want to minimise your chances of a refusal.

i don't think you will be asked to go for an interview because of that..

[Jay&Zobel]

Though no fault of your own, the injury you sustained on active service - and, moreover, IN DEFENCE OF THE REALM - has evidently left you at least partially *disabled [even though you don't regard yourself as *such]. I can think of few (if any) more honourable testaments to an ex-army man's sense of loyalty to his comrades. In the circumstances, and from the information you've shared here, I cannot imagine an Entry Clearance Officer refusing to grant a spouse visa - especially since your financial situation indicates you will have more than adequate resources [without working] to provide for your wife and child. I think you can safely rely on the reassurance given to you by Citizens Advice, together with your GP's letter of support.
Best of luck mate.

very good post!


These as well:

you'll be able to apply for child benefit, that's an extra £20 a week
also maybe tax credits..

Guidance on overcrowding
The Housing Act 1985 contains statutory definitions of overcrowding in "dwelling houses". Dwelling houses covers both privately owned houses and those owned by local authorities. A house is overcrowded if 2 persons of 10 years old or more of opposite sexes (other than husband and wife) have to sleep in the same room, or if the number sleeping in the house exceeds that permitted in the Act.

The Act specifies the numbers permitted for a given number of rooms or given floor area. For our purposes we adopt the room number yardstick. Account is only taken of rooms with a floor area larger that 50 sq feet and rooms of a type used either as a living-room or bedroom; kitchens or bathrooms etc are not included.

Using the above noted yardstick, the following table provides guidance as to the acceptable (for our purposes) number of persons occupying a house with a stated number of rooms:

NO OF ROOMS ..... PERMITTED NO OF PERSONS
.......... 1 ................................. 2
.......... 2 ................................. 3
.......... 3 ................................. 5
.......... 4 ................................. 7.5
.......... 5 ............................... 10

with an additional 2 persons for each room in excess of 5.

A child under the age of one does not count as a person. A child aged 1 - 10 years will count as only half a person.

1. Salary slips for at least the previous 3 months, preferably the previous 6 months; AND
2. Bank statements for at least the previous 6 months; AND
3. The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy); AND
4. The sponsor's (co-sponsor's) most recent P60.

but some people have sent less and got a visa, but you should supply what your asked to, if you want to minimise your chances of a refusal.

i don't think you will be asked to go for an interview because of that..

[MarBell379]

I really hope it doesnt cause a problem. Its through no fault of your own and you were acting on behalf of the UK when you were injured.
Good luck!

[georyz]

good luck. wish everything will go smoothly. just prepare all the documents needed like proof of your communications etc. Just add s letter to explain your situation , for sure it will be ok.