benefits and how they might affect fiance visa

Hi there,

As I understand things before my girlfiend/fiancee can apply for a fiancee visa in the states I (the brit) must prove I can support her. This includes finaces and a place to stay etc.

My question is this, I left my previous job in December, I'm now looking for a new role and hould envisage I'll get one by the latest midle of February. The plan is for her to then apply for a fiancee visa. Inbetween now and securing said job I'm wanting to sign on and claim benefits, I figured 6 years of paying NI means I should get something out of them right!? However, I'm worried If I sign on now it could affect her application ie "you
might have a good job now sir, but only last month you were claiming beneifts"

I don't need to claim, as financialy I'm ok, but I will if it wont affect her application in the near future.

Once again any help would be much appreciated.

Best

You do not actually say so but I presume you are British? Assuming yes, of course you can claim benefits, and that should have no impact upon the issue of a fiancée visa, as long as it is clear that your fiancée will not need to claim certain Public Funds.

At the very least you should claim contribution-based JSA. That is not even within the definition of Public Funds, as in para 6 of the Immigration Rules.

Thanks John, as always a great help

Yes, as JohnL says, the sponsor receiving benefits in and of itself does not cause issues, but be aware that the ECO is going to look at the financial situation that your fiancée will be coming into.  If you don't have substantial savings, are unemployed and your fiancée doesn't have substantial savings, they may question her ability to live in the UK unaided and you may need to prove in detail how she can live in the UK without access to public funds.

I tend to think that benefits do negatively prejudice your application, meaning they draw closer scrutiny of your financial situation than someone without benefits would do.

Also, the application asks if you or your partner claim benefits, so if by the time she makes her application she can honestly say you don't, you should be ok. However, given that the ECO will be looking at your last 3 mos bank statements, it will at least cause them to scrutinize your finances more closely. But as others have stated, benefits in themselves cannot be used as a reason for refusal.

Di ;-)

Point of Information - they are not used as a reason for refusal FOR US NATIONALS.

I have several clients who have been refused leave to enter because their sponsor is claiming benefits...even when they are claiming legally and their income without those benefits is easily enough to support thei partner.


Vicky

And thank you, Vicky, once again, for reminding us all a) how lucky US citizens are and b) what racist bastards UK immigration are.

That's right, I said it!

Di ;-)

ok, i'm panicking now as I signed up for benefits today thinking it would be ok.

should I cancel them?

I only think I'll be claiming for a maximum of 4 weeks anyway before I get a new job and as I understand things, as long as I can explain all ingoings/outgoings on my financial statements I should be ok?

Is there a rule of thumb for the financial status of a UK sponsor, ie how much do I need saved and how much should I be earning in order to qualify?

Thanks again

er...why are you panicking?  Everyone here has said that you can and should claim what you are entitled to!

Vicky

Your US partner won't be refused on the basis of you collecting benefits alone. I think it does cause them to examine your credentials/financial situation more carefully, though, to ensure you really can support her as you claim (benefits being an indicator of you being unable to support yourself.)

You need to show that you will have at least £94.95 per week left over after rent and bills. This is the amount the ECOs go with as it is the amount awarded to a British family of 2 on jobseekers' allowance and thus considered adequate by the govt for food & recreation.

My opinion is that while as long as you meet all the requirements and aren't lacking in any other crucial areas (ie proof of accommodation, you having a job by the time she makes the application, proof of relationship & wedding plans) you probably won't be denied on the basis of benefits. But if you have a weakness in your case otherwise, they may not be so forgiving of it. So just make sure you have an airtight case, a job when you apply, and can absolutely prove you can support yourselves.

Diana

I applied for a fiance visa from LA.  My DH is disabled and has been on benefits since long before I met him.  It didn't stop me from getting my visa.  I showed that I had money in the bank and the prospect of work once I am able to work.  I filed my visa via courier in LA and had my visa issued the very next day.  Benefits really played no part in it.  I was able to show that even though HE was on benefits, I was in a position to not have to draw on benefits myself.  That's really all they care about. 

Yes, I'm not saying they are going to cause him denial. I also think that the ECO prejudice associated with jobseekers' benefits might not exist with disability. Also, as you say, the rest of your application was solid, so they had no basis on which to deny you even if they wanted to. And just because it wasn't an issue in that your visa was granted, you don't know whether they were more critical of your finances than they would've been otherwise (fair or not).

All I'm saying is that it's better to ensure you have a solid case if you're on benefits rather than rely on the goodwill/justice of the ECO. Just because he is entitled to benefits and they shouldn't hold this against him and look for holes in his case because of it, doesn't mean they won't. As Vicky has said, wrt non-visa nationals. But also as Vicky has said, they'll be forgiving as he's American, and so I'm just being 'visa-cautious'-- it's like being 'overly-cautious', but to a degree approaching paranoia. Happens whenever I start thinking about preparing visa applications. ;-)

Di

I agree that he should make sure everything else is solid.  That's why I told him my story.  As long as the finances are there to support them otherwise, it won't matter if they scrutinize or not.  He should have nothing to worry about.  However, if they try to get through with no job and no savings, then of course being on benefits might bite him in the butt. We are both basically saying the same thing

wow, thanks for all your help. I love this forum!!

I think i'm just starting to get more paranoid as the time to apply approaches.... I'll make sure everything in the application is airtight and well explained and touch wood we should have no probs

Thanks again