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Thread: Is income support acceptable?

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    Member sassy's Avatar
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    Question Is income support acceptable?

    Hi all

    my partner is here in the U.K. on a visitor's visa and he is now applying for leave to remain for the next two years. We have an eleven month old daughter together and I am pregnant again. As I am supporting my boyfriend in the application will it be acceptable if I am on income support? I cannot get a job before his visa expires in November and have been out of work since having my first baby. Obviously I can go back to work once my partner is granted a two year visa but it is difficult whilst I have been on my own. I do have savings. Can anyone advise me? I don't want to come off income support just to apply for the visa as it will be difficult to go back on it! I am a qualified nurse. My boyfriend joined me here in May this year and we have been told we can apply from the U.K.
    Thanks.
    Sassy.


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    Quote Originally Posted by sassy View Post
    Hi all

    my partner is here in the U.K. on a visitor's visa and he is now applying for leave to remain for the next two years. We have an eleven month old daughter together and I am pregnant again. As I am supporting my boyfriend in the application will it be acceptable if I am on income support? I cannot get a job before his visa expires in November and have been out of work since having my first baby. Obviously I can go back to work once my partner is granted a two year visa but it is difficult whilst I have been on my own. I do have savings. Can anyone advise me? I don't want to come off income support just to apply for the visa as it will be difficult to go back on it! I am a qualified nurse. My boyfriend joined me here in May this year and we have been told we can apply from the U.K.
    Thanks.
    Sassy.
    Just curious on what basis you are applying for a 2 year visa. Have you been living together enough to qualify for an unmarried partner visa?


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    Member sassy's Avatar
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    Hi
    well my boyfriend is already married in the Philippines so we are applying as unmarried but we have been in a relationship for two years yes. Unfortunately we are unable to prove this as we were in a relationship in Saudi Arabia where we were both working. It is against the law there unless you are married. But we were told at he IAS that we have a good case.


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    it's more than being in a relationship for two years, it's being in a relationship like a marriage for two years. How much of the last two years or more have you been living together? I have a feeling that your boyfriend being married may cause you a problem.


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    Respected Member GaryFifer's Avatar
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    Quote Originally Posted by sassy View Post
    Hi
    well my boyfriend is already married in the Philippines so we are applying as unmarried but we have been in a relationship for two years yes. Unfortunately we are unable to prove this as we were in a relationship in Saudi Arabia where we were both working. It is against the law there unless you are married. But we were told at he IAS that we have a good case.
    First of all do not lie. Why you are applying as unmarried, when he is married. He is not unmarried is he? The rules are clear.Have you informed his wife? He needs to get an annulment before anything. Break up then proceed.

    The IAS would tell you many things to get money from you. This site, and the Home Office site would be better research. There is a phrase used always in Immigration- without recourse to public funds. Simply means, not using state money. This is why the majority of applicants have been more successful with a minimum of 3000 savings in the bank and a job.

    So in answer, your application needs careful planning for the future. I am unemployed on Income support,but feel I cannot proceed until I believe I am in better financial position. I act as sponsor to my mahal, so it is only fair I have enough money to be able to support her.
    It's time to kick ass and chew bubble gum. And I'm all out of gum.


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    Administrator KeithD's Avatar
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    You need the annulment first, which will take about a year and cost a few grand.

    Then you need savings of about £3000, and on top of that the £1000+ to pay for the visa's.

    Being on public funds yourself does not mean you get visa's denied, as long as you prove you have the spare cash to support him.
    Keith - Administrator


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    Respected Member GaryFifer's Avatar
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    Quote Originally Posted by Win2Win View Post
    You need the annulment first, which will take about a year and cost a few grand.

    Then you need savings of about £3000, and on top of that the £1000+ to pay for the visa's.

    Being on public funds yourself does not mean you get visa's denied, as long as you prove you have the spare cash to support him.
    Indeed but when the plane tickets and visa add up I am sure £5000 would probably cover it all.
    On note of income support-When you do apply for public funds they always ask how much savings you have. Declaration must be true, or may cause complications. Any savings must be used up before they hand over the public funds.
    It's time to kick ass and chew bubble gum. And I'm all out of gum.


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    Member sassy's Avatar
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    Hi again
    we were living together in Saudi Arabia when we first met for six months. Then I returned to U.K. to have our baby. My boyfriend stayed in his job there and has been visiting me in U.K. since then on visitor's visas.
    When I say umarried partner I am refering to us being unmarried to each other. Yes my partner is married in the Philippines but separated. We do not want to go down the annulment route now due to the fact we have a young baby and another on the way. Don't want to be separated from each other and baby .So we want to stay together in U.K. We were advised by a solicitor also to apply as an unmarried couple. Yes his wife is aware.
    Although I am on income support I do have a lot of savings.
    Thanks for all the advice.


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    Respected Member GaryFifer's Avatar
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    Quote Originally Posted by sassy View Post
    Hi again
    we were living together in Saudi Arabia when we first met for six months. Then I returned to U.K. to have our baby. My boyfriend stayed in his job there and has been visiting me in U.K. since then on visitor's visas.
    When I say umarried partner I am refering to us being unmarried to each other. Yes my partner is married in the Philippines but separated. We do not want to go down the annulment route now due to the fact we have a young baby and another on the way. Don't want to be separated from each other and baby .So we want to stay together in U.K. We were advised by a solicitor also to apply as an unmarried couple. Yes his wife is aware.
    Although I am on income support I do have a lot of savings.
    Thanks for all the advice.
    Good luck with the baby. The annulment will be done when you manage to save enough,but having baby will cost much cash, but at least we have some help with family credit here. I hope you can get support at this tricky stage.
    It's time to kick ass and chew bubble gum. And I'm all out of gum.


  10. #10
    Member sassy's Avatar
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    Hi
    Apparently you can have up to sixteen thousand pounds and still receive some benefits.
    Thanks to all you guys for the info.


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    Respected Member GaryFifer's Avatar
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    Quote Originally Posted by sassy View Post
    Hi
    Apparently you can have up to sixteen thousand pounds and still receive some benefits.
    Thanks to all you guys for the info.
    Ah so thats how Jeffrey Archer did it. Shifting of accounts.
    It's time to kick ass and chew bubble gum. And I'm all out of gum.


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    Respected Member LadyJ's Avatar
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    Quote Originally Posted by sassy View Post
    Hi all

    my partner is here in the U.K. on a visitor's visa and he is now applying for leave to remain for the next two years.

    My boyfriend joined me here in May this year and we have been told we can apply from the U.K.
    Thanks.
    Sassy.
    Could you explain your case properly, is your partner Filipino and working in Middle East but currently in UK as a visitors visa and planning to apply for leave to remain?

    Not an expert, I only try to help.


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    Moderator joebloggs's Avatar
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    Quote Originally Posted by sassy View Post
    Hi
    Apparently you can have up to sixteen thousand pounds and still receive some benefits.
    Thanks to all you guys for the info.
    unmarried partner visa is the most difficult visa to get, and becuase you've not lived togther for 2 yrs that might be a problem to..

    also because your on income support that will not help your app, and your b/f living with you i would have thought could effect your claim for income support

    but your savings will help, good luck thou


  14. #14
    Respected Member GaryFifer's Avatar
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    Did you get a visit visa every 6 months?
    It's time to kick ass and chew bubble gum. And I'm all out of gum.


  15. #15
    Moderator joebloggs's Avatar
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    Quote Originally Posted by gary2jessica View Post
    Did you get a visit visa every 6 months?
    you should really only spend a max of 6 months in any year in the uk on a VV


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by gary2jessica View Post
    Ah so thats how *Jeffrey Archer did it. Shifting of accounts.
    *He's a "shifty" character, right enough ... and a... but maybe that's what makes him such a good storyteller!


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    Quote Originally Posted by gary2jessica View Post
    Good luck with the baby. The annulment will be done when you manage to save enough,but having baby will cost much cash, but at least we have some help with family credit here. I hope you can get support at this tricky stage.
    To apply for an umarried partner visa you need to show that any previous marriage, civil partnership or similar relationship, has permanently broken down. Has your boyfriend got proof of this? I would have thought starting an annulment would be the best proof of this even if you didn't wait until his marriage was actually annulled.


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    Member sassy's Avatar
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    Quote Originally Posted by LadyJ View Post
    Could you explain your case properly, is your partner Filipino and working in Middle East but currently in UK as a visitors visa and planning to apply for leave to remain?

    Hi again

    well my b/f has finished his contract in the middle east now. He is on a 6 month visitor's visa to U.K. If he is not granted leave to remain he will be returning to the Philippines. Yes he is staying with me but has his own savings for this trip. We were told that usually you have to prove that you have been living together as a married couple but due to our unusual circumstances (meeting in S.A.) and having a child we have a good case. This is his third visitor visa trip here.


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    Member sassy's Avatar
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    Quote Originally Posted by darren-b View Post
    To apply for an umarried partner visa you need to show that any previous marriage, civil partnership or similar relationship, has permanently broken down. Has your boyfriend got proof of this? I would have thought starting an annulment would be the best proof of this even if you didn't wait until his marriage was actually annulled.
    Hi

    we were under the impression from other filipinos that annulment is very difficult to aquire. What with unscrupulous solicitors, length of time to obtain one etc?


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    Respected Member LadyJ's Avatar
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    hmmm. Visitors visa switch to Leave to remain? Im not sure but I dont think you can do this (I hope Im wrong) even though you've got a child and another one on the way it doesn't mean he have good chance of staying with you unless he gets his marriage annuled first and both of you get married. Hope you dont get upset on my comment and im sure some other members soon will say their knowledge.

    I just wish you a goodluck for the future at the moment why not visit the Home Office and British Embassy's website?
    Not an expert, I only try to help.


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    Quote Originally Posted by sassy View Post
    Hi

    we were under the impression from other filipinos that annulment is very difficult to aquire. What with unscrupulous solicitors, length of time to obtain one etc?
    Without at least starting the annulment process how else can he really prove his previous marriage is over? You may not actualy have to wait until his annulment is finalised if they grant you an unmarried partner's visa. But as joebloggs have already said unmarried partner visas are not easy to get.


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    Quote Originally Posted by LadyJ View Post
    hmmm. Visitors visa switch to Leave to remain? Im not sure but I dont think you can do this (I hope Im wrong) even though you've got a child and another one on the way it doesn't mean he have good chance of staying with you unless he gets his marriage annuled first and both of you get married. Hope you dont get upset on my comment and im sure some other members soon will say their knowledge.

    I just wish you a goodluck for the future at the moment why not visit the Home Office and British Embassy's website?
    I agree with you - I don't think you can switch from a visitor visa to any sort of settlement visa in-country.


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    Respected Member LadyJ's Avatar
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    Quote Originally Posted by darren-b View Post
    I agree with you - I don't think you can switch from a visitor visa to any sort of settlement visa in-country.
    @ darren-b; I thought so...

    @sassy; just to let know (incase you don't know) that on visitors visa the maximum allowed to stay in the UK is 6 months, if overstayed, his chance of joining with you in UK for permanent will be more difficult.
    Not an expert, I only try to help.


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    Moderator joebloggs's Avatar
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    Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-sex relationships may be referred to NCC2 for consideration outside of the Rules:

    * where there are children, and/or
    * the relationship may be less than 2 years’ duration.

    so maybe you'll have a chance after all


    thou if he's still married and appyling for a Unmarried partner visa, i wonder if this could cause him problems, if he went back to the phils with philippine law - adultry


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    Member sassy's Avatar
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    Quote Originally Posted by joebloggs View Post
    Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-sex relationships may be referred to NCC2 for consideration outside of the Rules:

    * where there are children, and/or
    * the relationship may be less than 2 years’ duration.

    so maybe you'll have a chance after all


    thou if he's still married and appyling for a Unmarried partner visa, i wonder if this could cause him problems, if he went back to the phils with philippine law - adultry
    Oh thanks for that info. Yes we are aware he is only able to stay in U.K. for six months of the year.


  26. #26
    Member sassy's Avatar
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    Quote Originally Posted by LadyJ View Post
    hmmm. Visitors visa switch to Leave to remain? Im not sure but I dont think you can do this (I hope Im wrong) even though you've got a child and another one on the way it doesn't mean he have good chance of staying with you unless he gets his marriage annuled first and both of you get married. Hope you dont get upset on my comment and im sure some other members soon will say their knowledge.

    I just wish you a goodluck for the future at the moment why not visit the Home Office and British Embassy's website?
    When we went to the immigration advisory service in London they told us that we can apply from here and no need to go back to the Philippines. I also thought that you couldn't switch but this guy at the IAS is representing us and he was adamant you can. He also says we can appeal if the visa is refused because my daughter's human rights would be affected if she could not be with her father.


  27. #27
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    Quote Originally Posted by sassy View Post
    When we went to the immigration advisory service in London they told us that we can apply from here and no need to go back to the Philippines. I also thought that you couldn't switch but this guy at the IAS is representing us and he was adamant you can. He also says we can appeal if the visa is refused because my daughter's human rights would be affected if she could not be with her father.
    Not convinced by the human rights arguement as you could always live outside the uk eg in the philippines. I hope your advisor knows what if is doing as you are definately applying outside the normal rules.


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    Moderator joebloggs's Avatar
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    you've got no other option but to try as your b/f is still married..
    and with a bb its worth trying


  29. #29
    Moderator joebloggs's Avatar
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    Quote Originally Posted by mikemallorca View Post
    YOU can not change to a fiancee visa, and that is that.
    can't apply for a fiancee visa as he is still married, but possibly a unmarried partner one, or possibly a visa to get access to his child.

    http://www.ukba.homeoffice.gov.uk/po...onrules/part7/

    thou point 8 might be a problem


  30. #30
    Member sassy's Avatar
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    Hi joebloggs

    you seem to know what you are talking about so wanted to run another query by you.
    The chap at the IAS suggested we get a paternity DNA test done for the visa application as he says the birth certificate is not proof of paternity? What do you think? Is this necessary? Thanks.


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