Have I got everything down?

Right I'm just making sure I have the required things if someone can check I'd appreciate it.

Back story: DH and I married in Oct 2006, we have a daughter who was born in January 2008. We are applying for his visa. I am a carer and am paid carers allowance, income support, child tax credit. I have a mutral agreement with my grandparents which I live here as part of my pay. They are going to gift us about £2-3k to help support my husband. We have a flight booked for 12th June and a return flight on the 31st July.

Things I will need:

A CV for my husband.
A letter from my grandparents stating that the money is a gift and non repayable (although we will be giving them this money back for food.)
A contract which we will be drawing up this week (my grandparents were on vacation) stating that as part of my pay I live here free board and charge.
My bankstatements for my old account and one from my my new one.
Our marriage certificate,
Our passports,
Our Daughters Birth Certificate,
The form printed from online.

Am I missing anything? My grandparents want to offer my husband a part-time carer's position which is mon-thurs as I am attending college, should I include a letter from them stating this? Of course my husband will not claim any benefits. We will be living with them since I take care of my grandfather. We also have a joint bank account should I include that?

Can we apply for our visa the day before we leave for the USA and then overnight it when we get there?

Thanks,
~A.

Oh and I forgot. I also have a £500 overdraft on our joint account, can I send them proof that I have that so that we can use it in the budget for my husbands application?

I would put in the joint accounts and 3k is good as this has to last till your husband gets work, if he has a job offer then put a letter in confirming how much he will be paid, that accomadation/food comes as part of the job, and the position he will have ie paid care work live in, and your grandparents names and address and contact number, when the work will be avalible from. Any savings your husband has and any proof of income you receive.

Good luck with the process

Indy and Sonya

You have missed all of the evidence of the benefits received and why you receive them, as well as evidence that your grandparents own the house.  There may be more, but this is the first thing that springs to mind.

Vicky

Can my grandparents actually offer my husband a job as my grandfathers carer if they are willing to give him free room and board and a small allowance? My husband is under the impression they can't but I already asked them and they said they would do that.

In immigration terms then yes, but they would have to show it is a genuine job, that they can afford to employ you both, and that the job meets minimum wage legislation.

Vicky

If they are paying privately then yes they can employ whom they like and if it is live in then it always below min wage because of the live in bit as accom and food are provided as part of the job, if you are both doing say 60 hours a week then min wage is 5.50ish an hour normally live in is 24/7 and the live in is entitled to a break of about 4/5 hours a day, the going rate through an agency is about £450/£550 a week this depends on the agency, also, and if social services are funding the live in, directly or not, so even doing 84 hours a week at £450 is 5.35 under min wage, + accom which you would pay about £70 a week for and food £60-80.

If you work out how many hours your both going to do, how much your going to be paid and how much accommadation and food they would provide and break it down this way to see how much your income will be and put that down in the letter off your grandparents,

So wage+ accom+food = 92 +70+ 60 = 222
Child benifit                =                    =   18.
Tax credits                  =                    =   xxx

Then total them together

You can do this as a self employed person or employed but remember tax and NI contributions also.

Hope this is not to confusing but I hope it has helped remember that if your living in that the accom is part of the wage.

If he's being payed less then 100 per week he wouldn't get taxed or NI. Since his rent would be deducted from his wages that would mean he would get £25 a week after paying that so he wouldn't get taxed or insured as that money never touched his pocket. I think?

Since his rent would be deducted from his wages that would mean he would get £25 a week after paying that so he wouldn't get taxed or insured as that money never touched his pocket. I think?

I think it is a lot more complicated that you seem to realise.  Minimun wage is now £5.52 per hour.  Assuming a 38 hour week, this means £209.76 per week.  The accommodation offeset is £31.10 per week.  This all has to be disclosed as accommodation is a taxable benefit.  As the lower earnings limit for class 1 NI is £90 per week then NI would be paid on his earnings, and I expect that employers NI and income tax would as well (but Indy undoubtedly knows more about this than I do).

Vicky

Yeah I thought it was more complicated then that. I'm guessing we just use the £2000 that we were gifted to support him and then he finds a weekend job and does the work mon-thurs free, since our agreement was he'd take care of our daughter while I was at college as we couldn't afford child care. I'm starting to wonder if them giving him a job offer in writing is such a good idea since my grandparents don't actually pay me DWP does and I don't think they can afford to give him more then £25 a week but they would pay for his food. But given that we have the £2000 I think that he could more then manage for 6 months until he got part time work.
I'm not sure, what would you do? I guess there is always that his pay would be room and board free + food but is that allowed? Given that they would probably charge him £200 a month for rent he could get away with using that for 6-7 months if it came down to it.

I think that this is now past the stage where I can give advice on this board.  In order to help you, I'd need to see a genuine, reasonable budget of expenditure, look at all of the documents relating to benefits, and see what is the real situation here.  From everything you have said so far it looks as if you don't meet the maintenence test at all, and that is something I can't fix or clarify on here.  Sorry.

Vicky

Thanks for trying to help, I guess I'll have to try and figure out his budget on the gift we were given. I only have until the 12th which is when we are going to sort everything out as his flight is then. I already have my budget it's just I'm having trouble working out what they consider to be reasonable... I wish I'd of saved enough for a lawyer now!!