Advice needed (pretty urgent)

[Terpe]

Mick...She has told the old fella not to claim benefits under any circumstances as it could badly effect any new spouse visa application..
At the moment..She is supporting him!

There is no problem for a British Citizen receiving any benefits to which they are entitled. Period.

Also the fact that he is receiving benefits/public funds does not necessarily mean he would be unable to support the applicant.
The issue becomes one of being able to clearly demonstrate that any sponsor who is dependent on the state will be able to to support another consumer for any length of time.

The UKBA will look to see if the sponsor might need to claim additional public funds to support the applicant if leave to enter granted.

The funds from the sale of the house may likely become important as 'Sufficient Maintenance' can be supported by:-
The sponsor
or
The applicant's own funds or funds available to them
or
Any combination of applicant funds and sponsor funds
or
Some form of 3rd party support

Just to confirm that the financial standing 'test' needs to show disposable income of about £106 per week for a couple and an additional £62.33 for each dependent Child (up to 20 yrs)

[fred]

The issue becomes one of being able to clearly demonstrate that any sponsor who is dependent on the state will be able to to support another consumer for any length of time.

Does this include Housing benefit?
I need to let her know that its either fine for him to claim it (again)...or not.

[Terpe]

Does this include Housing benefit?
I need to let her know that its either fine for him to claim it (again)...or not.

fred, housing benefit is tricky and complex.
Of course he is entitled to claim now.
The issue is just what happens when his wife arrives and how the council re-calculates.
Better to stop the claim a couple of weeks before she arrives on a restricted visa. Then make a new claim. Just based on the fact this benefit has complex conditions for a couple and she could find herself in some problem due to lack of understanding by council.

[Terpe]

I feel that time needs to be spent looking at the financial status just to be sure that all bases are covered and that the ECO cannot find reasons to refuse.
Simply because financials before she applies/arrives will change upon arrival and the minimum disposable needs to be exceeded or maintained.

[fred]

I feel that time needs to be spent looking at the financial status just to be sure that all bases are covered and that the ECO cannot find reasons to refuse.
Simply because financials before she applies/arrives will change upon arrival and the minimum disposable needs to be exceeded or maintained.

Terpe..
He is sponsoring her...Is the cash better in the UK in his account?

[grahamw48]

Terpe..
He is sponsoring her...Is the cash better in the UK in his account?

As long as he has LESS than £16,000 shown as total savings across all UK accounts.

Any cash in accounts abroad need to be in his wife's name...as mentioned above.

He can then honestly state on the form that he has no assets overseas, or income from such assets. (The rich are experts at this )

He needs to apply for benefits as a SINGLE parent, which effectively he is, so any financial connections with the wife need clarifying in such a way as to show that he is NOT gaining any financial benefit from his relationship to her.