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Thread: prohibited ?

  1. #1
    Respected Member Toneec's Avatar
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    Question prohibited ?

    Hello All, I wonder if anyone can help with this Question, I am Disabled and no longer able to work, which means I have to claim benefits.
    Does this mean prohibit any chance of obtaining an visa for my Fiancee ?

    Thanks in advance.


  2. #2
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by Toneec View Post
    Hello All, I wonder if anyone can help with this Question, I am Disabled and no longer able to work, which means I have to claim benefits.
    Does this mean prohibit any chance of obtaining an visa for my Fiancee ?

    Thanks in advance.
    In MY opinion, it SHOULDN'T! I seem to remember - about two years' back - having someone here in a similar situation to yourself. A former active serviceman, he'd been invalided out of the Armed Forces at some stage ... due [as I recall] to sustaining an accident in the course of his duties. Later, he met and married a lady from the Philippines. Ultimately ... after seeking guidance on this forum ... he managed to successfully sponsor his wife's Spousal Visa - despite being no longer able to work and having to claim Disability Benefits.


  3. #3
    Administrator KeithD's Avatar
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    Not a problem as long as she doesn't claim and you have enough savings and spare cash to support both of you.
    Keith - Administrator


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    As a registered disabled person I'd have thought you'd have a very good case for discrimination too, which would make the UKBA nervous.


  5. #5
    Moderator Arthur Little's Avatar
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    Quote Originally Posted by grahamw48 View Post
    As a registered disabled person I'd have thought you'd have a very good case for discrimination too, which would make the UKBA nervous.
    Hmm ... ...


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    Moderator Arthur Little's Avatar
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    ... it would certainly set the *Border Agency's teeth on *edge!


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    Trusted Member mickcant's Avatar
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    Also somwhere suitable for you both to live together, if that is a Housing Ass one then permission from them.
    Mick.


  8. #8
    Administrator KeithD's Avatar
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    Quote Originally Posted by grahamw48 View Post
    As a registered disabled person I'd have thought you'd have a very good case for discrimination too, which would make the UKBA nervous.
    It's nothing to with with that, only finances.
    Keith - Administrator


  9. #9
    Respected Member Toneec's Avatar
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    Hi and tnx for the replies. I believe I can meet the housing and financial requirements. Did they bunch up the visa's, when I last looked , was partner, fiancee, spouse ect, now they all seem to be in the settlement visa VAF4A ?

    This may seem an stupid question, but what exactly is an IM log ?
    I have saved yahoo IM's, but don't see them as an log, did i save them the wrong way ?
    Am I right in thinking the marriage visitor visa, would require my fiancee to return home, or can an application be made while she is in UK, if visa was granted ?
    This is an excellent site by the way.
    I really did believe i had no chance, being disabled,but now I see i have a chance.
    I also remember seeing the post, of the other gentleman, that was ex services and now disabled, but didn't see the outcome.
    So am pleased to hear he was successful.


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    The Internet Messenger log should be there on your Yahoo Messenger 'archives'.

    (Right click against the lady's name).

    Best make sure this is enabled as an option, in case it isn't already.


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    toneec,
    To review the settlement visa form and guidance notes please look here:-
    http://www.ukvisas.gov.uk/en/howtoap...uide#564020782

    Regarding the marriage visitor visa, you are right. This visa is intended only for those applicants who will marry in UK (and maybe honeymoon) This visa does require the holder to return to their home country within 6months. The visa itself is cheap enough.
    But it is not a 'switchable' visa. Means it is NOT a settlement route.


  12. #12
    Respected Member imagine's Avatar
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    Quote Originally Posted by Toneec View Post

    This may seem an stupid question, but what exactly is an IM log ?
    I have saved yahoo IM's, but don't see them as an log, did i save them the wrong way ?

    .
    yahoo messenger, right clic on ladys name clic message archive, right top you will see dates you chatted, below you will see your conversation of which ever date you highlighted above, copy both the top showing chat dates with the chat below,i dont save every conversation to be printed just that one with the chat dates of above,then scroll down the dates to next colum of dates, repeat to copy again, i use sniping tool to copy and save, i then send to my email where they can be printed from and of course are safe should you computer let you down, there are other options of saving other than sniping tool, im sure others here have different ways they can recomend to you,


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    Respected Member Toneec's Avatar
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    Hi All, I forgot to mention before, that I did contact the embassy via e mail,
    explaining my position, and asking for advise.
    I did also ask if it would hinder or even prohibit any chance of obtaining an visa for my Fiancee, and would I be Discriminated against because I am Disabled,

    i sent the request three times, they never sent any reply at all !!

    Maybe I touched a nerve


  14. #14
    Respected Member Toneec's Avatar
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    Hi All, An update on my situation, I have been making enquiries, and one issue keeps cropping up.

    Quote ( However as your partner is moving from outside of the EU, she could be seen as an indirect recipient of public funds )

    Hence the reason I made my post, prohibited ?
    While none actually say' I am not allowed, they do actual say i am allowed, to have my partner/future wife join me, they do however imply that it may or will impact my situation.
    I suppose it does depend on how you define, indirect recipient of public funds
    In my humble opinion, I would have to say, she would be an indirect recipient of public funds, in some form or another, even tho I would not make any claims for benefits for her, and she would not make any claims either.
    I am still waiting for some correspondence, to try and clarify matters.
    I will update if and when that happens.

    I can not change my circumstances, and after communicating with the different agencies, I now believe i will be indirectly prohibited and discriminated against, because my partner is from outside of the EU.

    I plan to go to PH in May, and we intend to marry in early June, and we will continue trying, to be together in the future.

    Many thanks for the advise regarding Yahoo Im chat logs, I have to say I am amazed they are accepted
    because Yahoo is third party software and controlled by windows, they can be backdated to when time began, Which in reality makes them virtualy useless
    unless they have all the actual chat text from each and every IM submitted as well, and even that can be manufactured.
    Embassy still never replied, they did for CNI info, but avoid my first enquiry.

    Regards


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    Well, since your wife will be entitled to WORK in the UK, should you decide to marry and bring her in on a spouse visa, I'd have thought the 'likelihoods' would balance each other out.

    What is their problem ?

    eta: Ah, you were originally asking about fiancee visa.

    The answer is to marry her in the Phils, as you've mentioned.
    You'll have a better chance then IMO.


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    Respected Member Toneec's Avatar
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    Hello to all, After much reading, I notice there are some discrepancies, grey areas,
    This excerpt taken from the quick advise, One of the important points to take away from this is the 'no help from public funds', this means that if you are claiming benefits, then you fiance/spouse cannot be dependant on you. This is a point which can be very challenging to overcome. seems to be incorrect. I did receive reply from embassy at long last, and also found this: .For the purposes of these Rules, a person is not to be regard as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds
    this is from embassy, "Regarding benefits, it is difficult to give advice as until an application is made we cannot predict the outcome and it is impossible to say whether we would issue or not, but in general the Entry Clearance Officer must be satisfied that if the applicant is issued entry clearance the sponsor would not need to claim further benefits in order to support the applicant " It seems the rules do not actualy apply as indirect, seems there is no such thing, The ruling as far as i am aware is, no further claims are made.
    So i guess it all depends on the ECO and if he decides there is enough income /savings.


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    Well, since a SPOUSE is permitted to work as soon as she arrives, my advice above would remain the same.

    A written offer of employment for her would probably not go amiss either.


  18. #18
    Respected Member Toneec's Avatar
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    Thanks is sound advise, and every little helps, as the actress said to the bishop, I did rather want to let her get her feet under the table, so to speak, give her a chance to settle in.


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