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Topic: When Your Fiancee Is On Disability, What's Required for Visa?  (Read 554 times)

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When Your Fiancee Is On Disability, What's Required for Visa?
« on: October 03, 2008, 01:16:31 PM »
Hello to all.  My fiancee a British citizen, income is through a disability benefit and incapacity benefit that he receives.

In the process to apply for a fiancee visa, notice have to send in proof of his income, which is above stated.  Would that be acceptable form of documentation?  And he has no savings account.  Does this mean my fiancee visa will be denied because of his income situation?


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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #1 on: October 03, 2008, 01:56:43 PM »
Quote
Does this mean my fiancée visa will be denied because of his income situation?

You are referring to the financial test. It "merely" needs to be shown that you will not need to claim certain Public Funds. You don't really tell us enough to enable an opinion to be formed on that.

Can you say about the level of your savings? Also, when you are allowed to work, after the fiancée visa has been converted into a spouse visa, any idea how much you might be earning? If you have no idea, please give details what sort of job you would hope to get.
John


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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #2 on: October 03, 2008, 02:09:32 PM »
Hello John,

Thank you for your speedy reply, my tenative wedding date isn't until October 2009 in Nottingham.  So, have time to get things sorted in advance.

At the moment, I'm in nursing school.  Will be finished with that next month.  Then will be working as a certified nurse assistant.  By time apply for the fiancee visa in April or May, should have some in my savings.  Right now, my savings is underpar to say the least.  After marriage, plan on working in the same medical career as a nurse assistant there.  So, the salary here is about 10.00 per hour, assume it be about the same pay rate in the UK.


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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #3 on: October 03, 2008, 06:00:30 PM »
They are going to have a hard look at your situation.  They won't be concerned about your husband, but they are going to look to say "will this person be able to live in the UK for 2 years withour requiring the support of the State".  They will look at the total situation from a savings and earning perspective of you as a couple.  If you have little or no savings, coupled with no clear job offers and at a potentially low salary, they are going to say "reasonably, we don't think this person will be able to not take public benefits" and could deny you a visa.

In a lot of these situations, you may have a rough road ahead, and may have a lot of work to make your case that you won't be a drain on public funds.  This may entail attempting to get a job offer prior to re-location (very difficult to do) or having family or friends earmark money to support you in case you are unable to find work.  Knowing that you may run into trouble will at least allow you to get prepared and plan far in advance to realise that you might need several months to prove your case.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #4 on: October 03, 2008, 06:33:45 PM »
If your coming over on a fiance visa you can't work for 6 months until you get your spousal visa, so you will have to show some money to support yourself until you change to spousal visa anyway, you can not have any recourse to public funds, however it does not matter that your fiancee is in receipt of them as long as you are not, but you will need to show savings for the time your on your fiance visa until you can gain employment.

Good luck

Indy


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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #5 on: October 03, 2008, 06:51:14 PM »
If your coming over on a fiance visa you can't work for 6 months until you get your spousal visa,

No quite true.  You could get married within 15 days of entering, and could switch to spouse the following days.

Vicky


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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #6 on: October 04, 2008, 01:42:54 AM »
Irish Rose,

If possible, look into what your pay would be in that field in the UK. I'm not sure if nurses or nurses' assistants are still on the skills shortage list, but either way you should be able to find out for certain what your potential earnings will be. 

I am here on a fiancé visa and I was a teacher in the US. Before I applied, I searched for agencies that could find me work as a teacher and registered with a few. One in particular has worked with me to help my case with my fiancé visa by providing a letter to say that although they have not yet employed me, I could expect to earn £110/day as a supply teacher and once I arrived and my immigration status allowed me to work, they could begin providing me with posts. I also sent my own CV to show my work experience and that I was completely employable. Since the consulate KEPT both of these documents, I imagine that they played a decent role in my approval for entry clearance

If you are somehow able to get in touch with an agency or something that could help you find nursing work (once in the UK of course), or supply a letter explaining your intentions on working along with a copy of your CV, I think that is a good starting point with collecting documentation for next spring when you apply.

Good Luck!! xx
« Last Edit: October 04, 2008, 01:45:12 AM by LoveMyBrit »
23 Jan 06 - Met Online
17 Jul 07 - ENGAGED!!! :-D
30 Jun 08 - Applied for Fiance Visa
22 Jul 08 - Received Visa
01 Aug 08 - Arrived in UK!
01 Nov 08 - MARRIED!!!
03 Nov 08 - In-person FLR(M) - GRANTED!!

19 Dec 09 - 1st son born :)

02 Oct 10 - KOL Passed
26 Oct 10 - ILR app (posted Special Delivery)
27 Oct 10 - online tracking confirmed delivery
30 Oct 10 - Confirmation via post
15 Nov 10 - ILR granted/documents returned!!!

05 Nov 13 - 1st daughter born :)


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Re: When Your Fiancee Is On Disability, What's Required for Visa?
« Reply #7 on: October 04, 2008, 07:40:43 AM »
No quite true.  You could get married within 15 days of entering, and could switch to spouse the following days.

Vicky

Another small technicality, you have to reside in your registrars cachement 5 days prior to giving your 15 days of notice, so effectively 20 days and it depends on when the Registrar can fit you in...  In London some of the Registrars are quite busy.  I did my whole Entry to Notice to Registration to FLR in about 25 days two years ago (and had accepted my employment contract 1 day after that).  Also some registrars have been known to bend the 15 day notice period and COE marriages are a totally different ball of wax.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
Transpondia
UK Borders Agency (Official Government Site)
Office of Immigration Service Commissioner (Official Government Site)
My Blog


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