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Topic: Support letter for FLR?  (Read 2539 times)

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Re: Support letter for FLR?
« Reply #15 on: December 16, 2008, 10:11:33 PM »
Well now you've got me afraid Kitsonk.  I had already decided to post my app and not go in person.  I hadn't been worried at all about his drawing benefits at to this point.  After all, they gave me the fiance visa knowing full well his financial history.  No, I'm not up for a "bun fight" with UKBA.  I just want to live with my husband.  I've been pretty comfortable with the fact that what he receives, he receives whether I am here or not.  He gets no more and no less because I am in the picture.  I will make sure to stress that in my cover letter. I'll make sure to keep you all posted as this progresses.
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: Support letter for FLR?
« Reply #16 on: December 16, 2008, 10:27:02 PM »
Sorry, I meant bun fight in the "straight forward" application concept... not in them giving you a visa.  Should have made that more clear.  My fear was you sitting down across from an IO, them grilling you on the public funds, making some uninformed comments and then refusing to issue you the visa that day, take your £200 and send you packing to go worry at home, even though you had done your homework.

Now as John L has pointed out before, there is some Paragraph 6a and 6b stuff that you could be entitled to without running afoul of the law.  While I understand and respect your point about him getting no more or no less, the social benefits are there to ensure that he is looked after, and if the government is willing to help you to help him, then that is perfect.  It is something that as a UK tax payer I am proud that we take care of people who honestly need the assistance.  You, as a family unit, should get every penny that is within the rule of the law.  That of course is up for you and your family to decide.
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)
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Re: Support letter for FLR?
« Reply #17 on: December 16, 2008, 10:48:15 PM »
Thanks for clarifying that.  That makes me feel a lot better.  I will be saving that £200 and making a postal app. 
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: Support letter for FLR?
« Reply #18 on: December 16, 2008, 11:00:41 PM »
Quote from: Lisapower
He didn't get any ADDITION benefits because of me.  But he didn't loose anything either. They are treating it as if I weren't even here.

Of course he has not lost any benefits, you are not earning anything! Indeed you do not have permission to work, so how could you be earning!

After the spouse visa is in your passport you will be able to work, and your husband, the claimant for HB and CTB, needs to notify the benefit office at the Council about the change of circumstances, as and when you do start earning. That is the benefit law, and the fact that you will have a "No recourse to Public Funds" restriction on your visa does not change your husband's obligation.

Hence my suggestion, get it is writing from the Council that your husband does not need to notify them if and when you start earning!
John


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Re: Support letter for FLR?
« Reply #19 on: December 16, 2008, 11:13:53 PM »
What I meant by "he didn't loose anything" was this- he has been drawing a benefit for a  person living alone.  I don't remember the amount but I think it totaled about £300 a month.  He was told at first that since he is now married and living with me, he would no longer qualify for that.  But at the same time, he would not qualify for the married persons benefit either since I am on immigration control.  So on one hand, they were going to take away from him because of me but on the other hand said they couldn't use his marriage to pay the other.  However, they decided in the end, that he would KEEP his living alone payment entitlement.  If they don't count me on one side, I guess they aren't going to count me on the other either.  Basically what we were told that as long as I am on immigration control, he CAN NOT claim married benefits.  He will continue to draw his living alone entitlement until I am no longer under the "No recourse to public funds" status.  If he is counted as "living alone" then how can my employment count against him?
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: Support letter for FLR?
« Reply #20 on: December 16, 2008, 11:22:48 PM »
What you post is entirely logical, but we are talking here about an interaction between immigration law and benefit law. And sorry, it is not logical!

I can only agree with you that as you have the "No recourse to Public Funds" restriction on your visa, and so also will the spouse visa, it is correct that his benefit is not increased because you are living there. However, sorry, benefit law says that he needs to report the family income, and accordingly as and when you start earning, he is under an obligation to report that you are earning.

If there were any children living in the place it would be oh so different!
John


Re: Support letter for FLR?
« Reply #21 on: December 16, 2008, 11:25:39 PM »
Just to add in for the benefit of any newbies here, when John writes something about public funds and/or benefits, PAY ATTENTION.

He's really good in this area.


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Re: Support letter for FLR?
« Reply #22 on: December 16, 2008, 11:32:18 PM »
Thanks Garry.  I kinda figured that out by his posts.  There are four of you on here that I really PAY ATTENTION to. I really appreciate the time you all put in to help us out.   :)
13 Aug 08 Fiance Visa
17 Oct 08 married
06 May 09 FLR
15 Mar 2010 filed for ILR based on bereaved partner
02 Jul 2010 Received ILR!!!!!


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Re: Support letter for FLR?
« Reply #23 on: December 17, 2008, 11:15:53 AM »
Going in person without a good reason is a waste.  Also, if they do consider you not straight forward they will simply turn you away and still take your money.  At least when I was there, they took payment BEFORE the IO looked at your application, though other PEOs seem to take the money after they know they can process it.

I was just wondering about that this morning.  It seems completely bizarre that the PEOs will differ on this procedure.

Glasgow, for the record, approves you and THEN sends you to the cashier.

OP, I have no advice, but best of luck to you.


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