Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas

Good luck Teddy.  This time last week I had just appied online for the spouse visa, now I've got an email saying it's been issued.  You never know, this time next wekk, it could be you!!

Awww, CONGRATULATIONS, Shandy!!  Knowing the amount of effort this entire process takes, not just in researching the how-to, but in gathering documents, and so on, but most especially the emotional toll ... it's nice to reach the first BIG benchmark! 

Next, for me, is to turn my logistics to the process of getting my stuff across the ocean.  My dog is already set to go!  :-)

Cheers!
~Teddy

Hi its pads again can someone clarify for me Does third party support have to be a family member or can a friend help because my son dosen't have any relatives who are working who can offer financial support to him.  However I think his manager at work would be willing to help him.

Secondly if he was to move back in with us and only pay board would that be acceptable for the visa as then he would have about 840 pounds a month left to support his wife and child and himself.  We have a three bedroom house with only myself, husband and daughter living here.

At the moment he pays 500 pound rent and 60 pound council tax and he earns 1040 a month I apologise if some of these questions have already been answered but there just needs to be a way for him to apply for the visa legally.  I would hate for him to spend all this money just for it to be refused because he won't have the money to apply again for at least another six months and his daugher (my grand daughter is 7 months old already) thanks pads x

Hi its pads again can someone clarify for me Does third party support have to be a family member or can a friend help because my son dosen't have any relatives who are working who can offer financial support to him.  However I think his manager at work would be willing to help him.

Secondly if he was to move back in with us and only pay board would that be acceptable for the visa as then he would have about 840 pounds a month left to support his wife and child and himself.  We have a three bedroom house with only myself, husband and daughter living here.

At the moment he pays 500 pound rent and 60 pound council tax and he earns 1040 a month I apologise if some of these questions have already been answered but there just needs to be a way for him to apply for the visa legally.  I would hate for him to spend all this money just for it to be refused because he won't have the money to apply again for at least another six months and his daugher (my grand daughter is 7 months old already) thanks pads x

If he moved in with you and paid board etc, he's only need to have about £105 per week lef for him and his wife, an extra £50ish for the daughter.

So yeah, I think he'd be fine, as long as you wrote him a letter confirming he could live there for a contribution etc.

Also, presumaly his daughter is British?  If so, your son would be able to claim about £400 per month in child tax credits/child benefit, this may push him above the earnings level even without moving in with you.  He'd have to make it very clear that the funds are for a british national and not because of your wife.

Hi its pads again can someone clarify for me Does third party support have to be a family member or can a friend help because my son dosen't have any relatives who are working who can offer financial support to him.  However I think his manager at work would be willing to help him.

The guidance for Entry Clearance Officers who process the applications states:

Third party suppot (see below).

A couple or other applicant who is/are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple/ applicant until they are able to support themselves from their own resources.

Secondly if he was to move back in with us and only pay board would that be acceptable for the visa as then he would have about 840 pounds a month left to support his wife and child and himself.  We have a three bedroom house with only myself, husband and daughter living here.

He would need to prove that he has at least £105.95 per week for he and his wife, plus £62.33 per week for their child. For a month, this comes to £729.12... so, he would be fine if he was living with you and had £840 left each month after paying board to you .

He will have to show that the accommodation is not overcrowded though - so for 5 adults and a child under 1 (who doesn't count as a person), you would need to have at least 3 rooms available in your house (each room must be over 50 sq. ft. - bedrooms and living rooms count, but kitchens and bathrooms don't).

Information is taken from MAA4 and MAA14 on this page of the Entry Clearance Guidance: http://www.ukvisas.gov.uk/en/ecg/maintenanceaccommodation

Wow Shandy so do you think that if he explained that when his child comes over he is entitled to tax credits and child benefit of 100 pounds a week they would count that as income even though they are public funds.  because if so he has more than enough money to support them all.

After all I have been wondering about this myself because counting his wife asside if his daugher lived with him on her own because she is a british citizen he is perfectly entitled to claim this in his own right and it says on Ukborder agency maintenance page that there is no objection to the british person claiming public funds to which they are entitled to in there own right just that they have to establish that there would be no need to claim additional public funds.

If so he wouldn't have to move back with me can you clarify if this is correct.

Thanks Ks Our house is a three bedroom house with a living room as well so I don't think we would be classed as overcrowded I think the council permitted number for our dwelling is 7 if we took my son and wife in with us there would be five because the baby dosen't count until she is one under council rules but if there is another way I would rather he stay in his own house because he has just signed a six month contract and his house is lovely I would hate him to loose it but on other hand no point staying there on his own really if you know what I mean.

Thanks for the advice love pads x

Wow Shandy so do you think that if he explained that when his child comes over he is entitled to tax credits and child benefit of 100 pounds a week they would count that as income even though they are public funds.  because if so he has more than enough money to support them all.

After all I have been wondering about this myself because counting his wife asside if his daugher lived with him on her own because she is a british citizen he is perfectly entitled to claim this in his own right and it says on Ukborder agency maintenance page that there is no objection to the british person claiming public funds to which they are entitled to in there own right just that they have to establish that there would be no need to claim additional public funds.

If so he wouldn't have to move back with me can you clarify if this is correct.

Yes, he is allowed to claim any public funds he is entitled to as a UK citizen. What he can't do is claim any extra public funds because of his wife (i.e. he would only be entitled to what a single person can claim, not a couple), and she cannot claim public funds for herself.

The thing is, that if he's not currently in receipt of these funds, then he can't use them for maintenance for a spousal visa.  Only the financial situation at the time of application will be considered. 

Oh thanks I think you may have saved our lives here so if he writes a letter that says he has been in touch with the tax credits office and they estimate that when is british citizen daughter comes to live with him he will be able to claim approx about 100 pounds a week they would accept that as income or does he have to be claiming then before they come because he can't he isn't entitled

He needs to state though that he is claiming them for a british child with a british passport and that he is claiming them as a single person not a couple.  Is this correct sorry to be a bore but need to make sure I have facts right cause visa's are horribly expensive lol x

Thanks pads x

So he wouldn't be able to use them as income because they are not currently been received

Love pads sorry you posted while \I was posting oh pants that's a bugger thought we had found a way then x

The thing is, that if he's not currently in receipt of these funds, then he can't use them for maintenance for a spousal visa.  Only the financial situation at the time of application will be considered. 

I'm not sure that's right.  I looked into this when I was in the exact same position, sadly my daughter didn't make it but I was advised child tax credits could be taken into account as earnings as I could receive it as soon as my daughter would have been with me.

I was advised child tax credits could be taken into account as earnings

That's right

as I could receive it as soon as my daughter would have been with me.

... and that's also right.  However, you can't use income that you don't yet have on visa applications.  They will only accept what you have at the time of application.  That's why income from future jobs can only be used if the job is confirmed in writing.  I suppose if you could get a letter guaranteeing the amount of income from child tax credits and that those credits would start being paid the as soon as the applicant (and child) arrived, then it could be considered, but it's a risk.   

That's right

... and that's also right.  However, you can't use income that you don't yet have on visa applications.  They will only accept what you have at the time of application.  That's why income from future jobs can only be used if the job is confirmed in writing.  I suppose if you could get a letter guaranteeing the amount of income from child tax credits and that those credits would start being paid the as soon as the applicant (and child) arrived, then it could be considered, but it's a risk.   

Ah right, like I said, unfortunatley we didn't get to cross that bridge in the end. 

He's probably only £200 per month short (or thereabouts) - maybe it would be possible to get a part time job before the visa application?

So Sorry to hear about your daughter shandy My heart goes out to you x  Thanks for your replies both of you so it would seem that it would be risky but they might count it as income has anyone else been in this position and can shed light on this matter.

I have thought about the part time job option but he already works 35 hours a week I don't know if he would want to work extra hours even if he could find another part time job.  However he works overtime when he can.

Bye the way shandy congratulations on your visa and hope you enjoy your new life in the uk.

Thanks to all who have replied x

So Sorry to hear about your daughter shandy My heart goes out to you x  Thanks for your replies both of you so it would seem that it would be risky but they might count it as income has anyone else been in this position and can shed light on this matter.

I have thought about the part time job option but he already works 35 hours a week I don't know if he would want to work extra hours even if he could find another part time job.  However he works overtime when he can.

Bye the way shandy congratulations on your visa and hope you enjoy your new life in the uk.

Thanks to all who have replied x

Thanks, I'm overjoyed 

When we were in a similar position, my husband was consideirng getting a part time job, a few months before getting the visa so that he could declare it as earnings.  It would have been "too much" work for him too but he probably would have quit as soon as we had the visa issued as he wouldn't have needed te extra money after the CT Credits etc.

It's worth considering, three months of working all hours for getting a visa issued, good luck to him whatever he does though.

You could try using this site

http://www.turn2us.org.uk/benefits_search.aspx

It lets you put in your circumstances and tells you how much he would get once his child is with him.  Do not mention his wife's existence and it'll tell you how much he would get even if his wife wasn't there (just him and the child).  Maybe you could print that out and use it in the application.  Still the safest way would be a part time job for a (short) while.

Thanks for your reply love I have already used the site in question and have found it a very useful tool about benefits.

I know he is entitled to them and how much even phoned up the tax office and asked and they confirmed that once his daughter is over here he is entitled to them bu tnot before that's the problem .

We really need to know if they would accept projected income from tax credits.

Thanks pads x