Three Pounds Short of the requirement? - Family Visitor Visa

My husband is a UKC, and I'm american, we were looking at the visa requirements and on this same forum people told me we would need 111.45 a week - (hes on DLA, ESA, Housing benefits, and council tax benefit)

We know that we can use more than just DLA for him to support me, but we also have a son, which we know is like 64.99 per week on top of mine (referring back to the old UKBA rules considering hes on DLA, making him exempt)

We're currently waiting for an ESA statement on exactly how much he has every week, and we're guessing its around 156 pounds every 2 weeks on his ESA. He's getting 98 pounds a week on DLA, doesn't have to pay rent for his home, and we're not sure how much he's getting on council tax, (but its full council tax benefit)

We added it all up and we came up 3 pounds short a week for a family visitor visa, and a spouse visa. His family has invited me over for 3 months, and they don't have any problems supporting me or our son for that period of time, including accommodation for when we visit other family members, which they've all said the same, they have no problem accommodating us at all while we are visiting.

They've all given me their home addresses, phone numbers, and invitation letters stating all the same thing. Should we apply for the visa?

My husband is a UKC, and I'm american, we were looking at the visa requirements and on this same forum people told me we would need 111.45 a week - (hes on DLA, ESA, Housing benefits, and council tax benefit)

We know that we can use more than just DLA for him to support me, but we also have a son, which we know is like 64.99 per week on top of mine (referring back to the old UKBA rules considering hes on DLA, making him exempt)

We're currently waiting for an ESA statement on exactly how much he has every week, and we're guessing its around 156 pounds every 2 weeks on his ESA. He's getting 98 pounds a week on DLA, doesn't have to pay rent for his home, and we're not sure how much he's getting on council tax, (but its full council tax benefit)

We added it all up and we came up 3 pounds short a week for a family visitor visa, and a spouse visa. His family has invited me over for 3 months, and they don't have any problems supporting me or our son for that period of time, including accommodation for when we visit other family members, which they've all said the same, they have no problem accommodating us at all while we are visiting.

They've all given me their home addresses, phone numbers, and invitation letters stating all the same thing. Should we apply for the visa?

Oh, and if we do get the visa's, will UK border agents have a chance to deny us at the border?

Do you have any income or savings yourself that will continue? I don't think the exact amount matters for the visitor visa as long as you can show enough funds to reasonably support yourselves while on holiday. They can be sticklers for the actual settlement visas though. But surely if it's only a few pounds a month you guys can find a way to cover that? Here's hoping your statement will show a bit more.

Oh, and yes, an IO can have the discretion to turn someone with a visa away if they don't think it will be used as intended, but going through the hoopla before makes it much less likely to be a concern.

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Do you have any income or savings yourself that will continue? I don't think the exact amount matters for the visitor visa as long as you can show enough funds to reasonably support yourselves while on holiday. They can be sticklers for the actual settlement visas though. But surely if it's only a few pounds a month you guys can find a way to cover that? Here's hoping your statement will show a bit more.

Oh, and yes, an IO can have the discretion to turn someone with a visa away if they don't think it will be used as intended, but going through the hoopla before makes it much less likely to be a concern.

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Okay, I sure hope not I've noticed sometimes it takes exactly certain boundaries to satisfy them, and I didn't want to just overlook this to put alot of money into it to be denied or something. 3 months' isn't too long is it? He seriously has like TONS of family. Scottish, Irish, great grandparents, its like wowww!

As far as the IO's turning me back, they would just initially ask for  my purpose to confirm what the visa says I'm there for, right? And it should be a bit easier actually WITH the initial visa?

Thanks for the input

Okay, I sure hope not I've noticed sometimes it takes exactly certain boundaries to satisfy them, and I didn't want to just overlook this to put alot of money into it to be denied or something. 3 months' isn't too long is it? He seriously has like TONS of family. Scottish, Irish, great grandparents, its like wowww!

There are no specific financial requirements for a family visitor visa - you just need to show that either you have enough money to support yourself in the UK for the length of your trip, or that there is someone in the UK who has the money and has offered to help you financially while you are here (you would need to provide their bank statements, payslips and a letter from them confirming their financial help).

The amount needed will depend how long you stay and where you will be staying (i.e. someone coming for 2 weeks and staying with friends/relatives won't need much money; someone coming to do sightseeing for 2 weeks, but staying in a hotel in London, will need a lot more money to pay for food and accommodation; and someone coming to the UK for a few months will need a fair amount more to show they have enough that they won't end up on the streets and won't try to work illegally while here).

As far as the IO's turning me back, they would just initially ask for  my purpose to confirm what the visa says I'm there for, right? And it should be a bit easier actually WITH the initial visa?

Without the initial visa, it's up to you to prove you meet all the requirements at the airport, in front of the IO - if they don't believe you are a genuine visitor, or that you have enough proof that you meet the requirements, they can refuse you entry to the UK and put you on the next plane home.

If you apply for the visa before you travel, you get all of that out of the way while still in the US - you can prove you meet the requirements before you book any travel, and so you will know before you leave if you will have permission to enter the UK. If the visa is refused, then you've only lost the cost of the visa application, and haven't wasted any time or money on travelling to the UK only to be turned away when you get there.

It's rare for people to be refused entry if they have already applied for their visa before they travel - because they have already proven that they meet the requirements of the visa.

The only reason they might refuse you entry with a visa is if a) they believe you obtained the visa illegally/fraudulently, or b) they believe you no longer meet the requirements to enter on that visa (for example, if you tried to enter on a spousal visa, but your marriage had actually broken up between the visa being granted and you flying to the UK - then you would no longer be eligible to enter as a spouse).

There are no specific financial requirements for a family visitor visa - you just need to show that either you have enough money to support yourself in the UK for the length of your trip, or that there is someone in the UK who has the money and has offered to help you financially while you are here (you would need to provide their bank statements, payslips and a letter from them confirming their financial help).

The amount needed will depend how long you stay and where you will be staying (i.e. someone coming for 2 weeks and staying with friends/relatives won't need much money; someone coming to do sightseeing for 2 weeks, but staying in a hotel in London, will need a lot more money to pay for food and accommodation; and someone coming to the UK for a few months will need a fair amount more to show they have enough that they won't end up on the streets and won't try to work illegally while here).

Without the initial visa, it's up to you to prove you meet all the requirements at the airport, in front of the IO - if they don't believe you are a genuine visitor, or that you have enough proof that you meet the requirements, they can refuse you entry to the UK and put you on the next plane home.

If you apply for the visa before you travel, you get all of that out of the way while still in the US - you can prove you meet the requirements before you book any travel, and so you will know before you leave if you will have permission to enter the UK. If the visa is refused, then you've only lost the cost of the visa application, and haven't wasted any time or money on travelling to the UK only to be turned away when you get there.

It's rare for people to be refused entry if they have already applied for their visa before they travel - because they have already proven that they meet the requirements of the visa.

The only reason they might refuse you entry with a visa is if a) they believe you obtained the visa illegally/fraudulently, or b) they believe you no longer meet the requirements to enter on that visa (for example, if you tried to enter on a spousal visa, but your marriage had actually broken up between the visa being granted and you flying to the UK - then you would no longer be eligible to enter as a spouse).

Okay, I do believe I understand all of that. As for the bank statements, my husband is on benefits, and hes here in the states with me right now, so would I need to get his mom or someone else to get his bank statements to mail to me so I could put them with the application?

Okay, I do believe I understand all of that. As for the bank statements, my husband is on benefits, and hes here in the states with me right now, so would I need to get his mom or someone else to get his bank statements to mail to me so I could put them with the application?

Well, it depends who will be supporting you for the family visitor visa (assuming that is what you are applying for, and not the spousal visa) - if you have enough money in your account, then you don't need anyone else's bank statements.

If your husband has a few thousand pounds lying around that he can use to show he will be paying for everything for you for 3 months, then you can include his bank statements.

You said in your first post that his family have enough money to support both of you for those 3 months of your visit, so in that case, it will be their bank statements, payslips and a signed letter of support from them that you will need to include, not your husband's statements.

As a guide, the UKBA would expect a visitor staying in a hotel to have approximately £60 per day to pay for their accommodation and food. If they were to stay for 3 months, that would be about £5,500.

Now, obviously if you're staying with family, you won't need that much, but I would imagine they will be expecting you to have at least a couple of thousand pounds available to you to cover the 3 months.

On the other hand, if you are applying for a spousal visa, you would need to show a minimum of £111.45 + £64.99 per week after paying rent and council tax (if some or all of his rent and council tax are covered by benefits, then you just work out the appropriate amount that you will actually be paying each week). You would have to supply his bank statements, but as you will be under the old rules, you would still be allowed to use third party support (i.e. a family member's income) to meet the requirements, so if you are slightly short (your £3 per week), you can also use money from relatives to make it up, but you would have to supply their bank statements and payslips, and a letter from them as well (See: Section 1, Annex 8 on this page: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/)

Okay, so quite literally to me it sounds like the spouse visa may be a better idea, because 1. I know I'm not working right now because I'm on unpaid maternity leave, but I still have a job available to me whenever I want to go back, my parents are paying for my apartment and bills right now until I fully recover. So I know I don't have grands in my bank account at all, I'm not even gonna play it off like I do.

2. my husband being on disability obviously doesn't have grands just lying around, so we both know we would just be supporting me and our son off of his disability funds alone, idk if that'll work out though because we don't have thousands on hand to just use at our discretion.

3. in your opinion considering my circumstances, which would be better to apply for? I know its ultimatley up to me and my husband but I don't wanna jump in on just a whim and then be flown back home, we can't afford something like that and it means alot to us to be together either way, genuinely.

4. would it be better to visit the uk for the 3 months, and then come home, apply for the spouse and then wait it out? would that look like we're trying to fraud them or something? thats not our intent on any circumstances but i dont want them to feel offended that we're visiting, even while hes on disability and supporting us while we're there

Okay, so quite literally to me it sounds like the spouse visa may be a better idea, because 1. I know I'm not working right now because I'm on unpaid maternity leave, but I still have a job available to me whenever I want to go back, my parents are paying for my apartment and bills right now until I fully recover. So I know I don't have grands in my bank account at all, I'm not even gonna play it off like I do.

2. my husband being on disability obviously doesn't have grands just lying around, so we both know we would just be supporting me and our son off of his disability funds alone, idk if that'll work out though because we don't have thousands on hand to just use at our discretion.

But you said his family are willing to support you for the 3 months, so it wouldn't matter that you don't have thousands, as long as they have a steady income and are willing to provide evidence that they can support you.

3. in your opinion considering my circumstances, which would be better to apply for? I know its ultimatley up to me and my husband but I don't wanna jump in on just a whim and then be flown back home, we can't afford something like that and it means alot to us to be together either way, genuinely.

Well, it's really up to you - are you planning on only spending 3 months in the UK and then returning to the US for a while, or are you ready to make a permanent move to the UK right now?

If you go for the spousal visa, you need to show that you plan to move to the UK permanently to live with your husband. You need to show the finances, suitable accommodation for you to live in, relationship evidence etc.

For a visitor visa, you need to show that you are only visiting and have a life to return to in the US, which means you won't be trying to stay in the UK. You would need to show that you have been invited to stay, that you have access to enough money for the 3 months so that you won't try to work illegally in the UK (this can be from his family), and that you have a job and a life to return to in the US.

4. would it be better to visit the uk for the 3 months, and then come home, apply for the spouse and then wait it out? would that look like we're trying to fraud them or something? thats not our intent on any circumstances but i dont want them to feel offended that we're visiting, even while hes on disability and supporting us while we're there

It's entirely dependent on your personal situation and what you want to do.

If you will be moving to the UK in the next few months anyway, and you can meet all the requirements for the spousal visa now (remember you can also use money from family members to meet the weekly requirement), then you might as well just go for the spousal visa.

Going straight for the spousal visa would probably be less risky than trying to convince them that you are a genuine visitor with no intention of trying to live in the UK. Plus, it will save you money on extra flights back to the US.

I guess your options are:

1) Visitor visa, then spousal visa
Visitor visa = £78
Flights to UK and then back US after 3 months = £500-1,000 (estimated cost)
Spousal visa = £826
Flights back to the UK = £500-1,000 (estimated)

2) Spousal visa straight off
Spousal visa = £826
Flights to UK = £500-1,000 (estimated cost)

By going for option 2, you save the cost of the visitor visa and return flights between the UK and US.

Kk fair enough, and thanks for all the info. My husband and I are discussing it at the moment, do I need to change my last name on my social security card before I can apply for the family visitors visa? We got married in October but I never got the form in for my social security card, just wondering!

There is no requirement to change your name before you apply for a visa.  You should always apply for the visa in the name that is in your passport.  If your maiden name is in your passport, then you use that name on your visa application.

There's no requirement for you to change your name, ever. Plenty of women keep their names after marriage and get spouse visas.

Kk, because I should be receiving my passport tomorrow and I already applied for my new last name, I don't have to worry about my social security card? We have officially made our minds up to progress towards the Spouse visa and apply as soon as we have the documents ready, because the visiting visa isn't going to keep us happy considering it may last between a month and 6 months, and I want our family to be together, legally.

Secondly, I'm american, both parents born and raised here, he is british as stated before, both his parents born and raised in the UK. What does this officially make our son? I read on UKBA site that he could be by descent or something like that, but if I can get a british passport for my son, I would love that. Tomorrow we are applying for his US passport in person.

Thirdly, if by chance my son is british by descent or whichever that is, my husband told me that would entitle him to child care benefits or something like that. With both me and my son, would that allow him to accept those benefits, and put towards the visa? Or would this be recourse to public funds? I know I can't take any form of benefits, but I can go for employment, which leads to another question.

His mother mentioned something about babysitting and would pay me say 20 pounds a week to do it. Would this be a form of employment? What would we need to do if this was acceptable? Would she have to put it into writing that she would be 'employing' me? Would she have to show she could afford to employ me?

So many questions buzzing through my mind!!

Kk, because I should be receiving my passport tomorrow and I already applied for my new last name, I don't have to worry about my social security card? We have officially made our minds up to progress towards the Spouse visa and apply as soon as we have the documents ready, because the visiting visa isn't going to keep us happy considering it may last between a month and 6 months, and I want our family to be together, legally.

I believe it's up to you whether you change your name on your social security card or not - but I don't know for sure.

Secondly, I'm american, both parents born and raised here, he is british as stated before, both his parents born and raised in the UK. What does this officially make our son? I read on UKBA site that he could be by descent or something like that, but if I can get a british passport for my son, I would love that. Tomorrow we are applying for his US passport in person.

It makes your son a dual US/UK citizen from the day he was born.

Assuming he was born in the US, he will have US citizenship both through you and by place of birth, but only UK citizenship by descent from his father.

He is entitled to both a UK and US passport and will not need a visa to either visit or move to the UK (as long as you get his UK passport before travelling to the UK).

Thirdly, if by chance my son is british by descent or whichever that is, my husband told me that would entitle him to child care benefits or something like that. With both me and my son, would that allow him to accept those benefits, and put towards the visa? Or would this be recourse to public funds? I know I can't take any form of benefits, but I can go for employment, which leads to another question.

Yes, he can claim any benefits he is entitled to as a UK citizen. The only thing he or your husband cannot do for the visa is claim more benefits because of you (i.e. your husband must claim as a single person, not a married person).

His mother mentioned something about babysitting and would pay me say 20 pounds a week to do it. Would this be a form of employment? What would we need to do if this was acceptable? Would she have to put it into writing that she would be 'employing' me? Would she have to show she could afford to employ me?

This will be illegal for a visitor visa, however, if you apply for a spousal visa, this will be fine in terms of you being able to work legally. However, I'm not sure whether something like that could count towards the requirements for the visa.

In order for your future income to be included in the application, you must show official evidence of a signed job contract and an official letter from the company stating that you have been offered the job, what your annual salary will be and what date you will be starting work.

I believe it's up to you whether you change your name on your social security card or not - but I don't know for sure.

Kk, going to go ahead and get it done, just to be on the safe side.

It makes your son a dual US/UK citizen from the day he was born.

Assuming he was born in the US, he will have US citizenship both through you and by place of birth, but only UK citizenship by descent from his father.

He is entitled to both a UK and US passport and will not need a visa to either visit or move to the UK (as long as you get his UK passport before travelling to the UK).

Fair enough Was really curious on this one.

Yes, he can claim any benefits he is entitled to as a UK citizen. The only thing he or your husband cannot do for the visa is claim more benefits because of you (i.e. your husband must claim as a single person, not a married person).

Fair enough, but as soon as my son get's his UK passport, can't my husband claim child tax care as soon as its been approved?

This will be illegal for a visitor visa, however, if you apply for a spousal visa, this will be fine in terms of you being able to work legally. However, I'm not sure whether something like that could count towards the requirements for the visa.
In order for your future income to be included in the application, you must show official evidence of a signed job contract and an official letter from the company stating that you have been offered the job, what your annual salary will be and what date you will be starting work.