Fiancee Visa

Hi all,
I am new here, but have been reading some of the questions and answers.  Here's my confusion:  my fiance is a British Citizen, I am US.  I think I know all of what I need to apply for a fiancee visa, but my question is he is on permanant disability due to spina bifida at birth.  He is willing and able to work, however employers seem to consider him a risk, and he uses a crutch.  I have skills for work, but not in demand, so the HSWP is not something I could enter on.  I have done secretarial work and student aid in elementary schools here in the US.  I am not working at present, but have sufficient funds to support myself, through my ex's pension that was awarded me at the time of our divorce.  It is paid monthly.  I also have other state income, which will cease upon my marriage.  My bank statement does not reflect a lot in savings.  His parents are retired, but have money and can write a letter stating they will help us financially if need be.  However, how does my fiance's benefit fit in?  Also, I have been back and forth to England about 5 times in the last 4 years, and on my second visit I was denied entrance because the immigration official didn't think I was going to return to US, even though I had a return ticket.  Each time since I have had no problem.  Will this be an issue for my visa?  Any help you can give me will be greatly appreciated.  Thanks all!

Being denied entry (for the reason you were) shouldn't be an issue when applying for your visa. I was denied entry in December (my first attempt at entering the UK) for the same reason as you. Then I was granted 1 month in February. In May I applied for my spousal visa and the only problem I had was I applied in person thinking I'd get my visa back the same day however, because I was denied entry, they could not issue it the same day. They had to wait for the airport to fax the information. I was told it could take several days but I ended up getting the visa issued the next day because my information was coming from a small airport (Newcastle). You'd think in this day and age they could get all that information up on a computer at the push of a button!

I can't give you an answer about the benefits. I have seen other people say they had their visas approved when their spouse was on benefits but I don't know how long ago it was and I'm really not familiar with that at all...sorry. The letter from his parents may help. I had one from my father-in-law as neither me or my husband provided the consulate with bank statements (since we were both completely broke).

Best thing you can do is get a letter of financial support. I'm not sure his parents can do that,but if you know someone in the us who will write u a letter saying they can support u while ur in the uk until u are able to work, that could help

Your husband is perfectly entitled to his benefits and his receiving them should not necessarily impact on your ability to get a visa.  As long as you are able to show how you will be able to support yourself without relying on his benefit (thus benefiting from his benefit, if you see what I mean) then you should be fine. 

Having a little bit of savings will help, so that they can see that you will be able to support yourself until you get work.  A letter from his parents in the UK will also help.  I have to disagree with EnglandsYank though...I don't think the consulate will consider a letter from anyone in the US as financially supportive.  You'll need to show that you have support *in the UK*. 

Being denied entry also shouldn't have much of an impact, aside from it taking slightly longer to process as among_the_stars said already.

What you need to do is make sure the rest of your application is water tight...that you have good proof of your relationship and that you can prove you are employable and can support yourself (send a CV or something with your application).

I think you've got a good chance at being granted your fiance visa so I wouldn't even bother with trying to find other ways in until you've gone through this process.  Good luck! 

but my question is he is on permanant disability due to spina bifida at birth.

Ever since they abolished the "primary purpose" rule, the Home Office has been promising to conduct a policy review towards relaxing the rules that govern disabled sponsors - it is not related to the dreadful "primary purpose" rule, but it is/was next on the agenda.   To date, they have done sweet f*uck all about it, and you can be sure that an Article 8 challenge is going to emerge in the foreseeable future.  That's for sure!  And I would *love* to have that casework.    But that's a different story.

For your purposes, they have been using a rule of thumb on disabled sponsors that was articulated by the Appeals Tribunal in Shabir vs ECO Islamabad which gives a blueprint for how to establish financial capability.  However, some ECOs (Entry Clearance Officers) have pointed to a counter decision in ECO Islamabad vs Nazia where the ECO successfully overturned a Tribunal ruling and refused the visa where the sponsor's disability was acute schizophrenia.   Seems rather extreme, no? 

So I would stick with the first ruling, which advisors can now successfully argue has the effect of common law.   

It would probably pay to read up on some of these because if you're successful with your fiance app, you'll have a 3 year stretch of having to duke it out with local authorities and such, who are not always clued in as to what's permissible and what's not.  But that's free advice only!

Thank you all, I feel a bit more comfortable now that I have the information I was seeking.  Sometimes, reading all the info on the net, it seems so daunting!  I will be getting all the things I need from my UK fiance soon, including a letter of support from his parents, and I will send in a CV showing my capability to work, thank you for that advice!  My main two worries was that I was once denied entry and that he is on disability.  One more question though, if you don't mind:  he also receives housing benefits because of his disablitiy.  What impact will that have on us living together after we are married?

if he recieves housing benefits thats fine, just as long as you dont claim for any benefits yourself

he also receives housing benefits because of his disablitiy.  What impact will that have on us living together after we are married?

Unsavory neighbors?