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Topic: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas  (Read 51473 times)

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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #135 on: July 13, 2011, 02:54:32 PM »
Good post Cali Girl, I've never seen such detailed info before.

It's a little confusing regarding tax credits etc, are they saying they should be counted as income or are they actually saying as projected income from tax credits should be counted as a minimum towards the maintenance requirements.


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #136 on: July 13, 2011, 03:10:31 PM »
Yes I agree shandy it is very confusing and thanks Cali girl for posting this.

It isn't clear from the guidance whether the 300 pound a week weekly income that the example has includes projected tax credits or not.  If it doesn't then it would seem that they are not allowed to count it.  But if that's the case why does it say please note that if the applicant has dependant children they will be entitled to tax credits.  

why mention it if they aren't going to count it.  I would really like to know if there is any more clarification on this because as some of you know it affects our case.  though we have got third party support we don't need it if they count tax credits.

Love pads x
« Last Edit: July 13, 2011, 03:14:26 PM by pads »


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #137 on: July 13, 2011, 03:29:56 PM »
Yes I agree shandy it is very confusing and thanks Cali girl for posting this.

It isn't clear from the guidance whether the 300 pound a week weekly income that the example has includes projected tax credits or not.  If it doesn't then it would seem that they are not allowed to count it.  But if that's the case why does it say please note that if the applicant has dependant children they will be entitled to tax credits.  

why mention it if they aren't going to count it.  I would really like to know if there is any more clarification on this because as some of you know it affects our case.  though we have got third party support we don't need it if they count tax credits.

Love pads x
My take on this sample is that the sponsor is applying for his wife and her son.  Therefore, the son is not in the UK yet and would not be entitled to benefits.  However, the minimum about of income to support a family of three, as evidenced by the Income Support rate, does include the child.  They're not saying that he gets the tax credit benefit but that the government has set a figure of £165.56 per week as a maintenance requirement of a family of three based on the Income Support rate.
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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #138 on: July 13, 2011, 07:09:51 PM »
My take on this sample is that the sponsor is applying for his wife and her son.  Therefore, the son is not in the UK yet and would not be entitled to benefits.  However, the minimum about of income to support a family of three, as evidenced by the Income Support rate, does include the child.  They're not saying that he gets the tax credit benefit but that the government has set a figure of £165.56 per week as a maintenance requirement of a family of three based on the Income Support rate.

But in that example, the child isn't necessarily British.  Surely they should count income due to a British child in any maintenance calculation, if they were to turn it down on that basis alone then they'd be open to lose at appeal I reckon.

I think the confusion arises because (correct me if I'm wrong) a british citizen can claim tax credits for a non-british child dependant once that child is here without it being classed as recourse to public funds for visa purposes.  Obviously this can't be included in calculations as without the non-british mother there would never be a claim for tax credits.

In the case of a British child, the UK citizen mother/father can claim tax credit for their child whether or not the person subject to immigration control is present or not.

I think it's something whih really should be clarified by the UKBA.


Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #139 on: July 13, 2011, 07:19:08 PM »
I think it's something whih really should be clarified by the UKBA.

The problem is that it's not UKBA's responsibility to clarify how tax credits so that's they don't do it.  The responsibility belongs ultimately to the Ministry of Justice, and the whole thing is REALLY deeply clarified in the Tax Credits Act 2002.

UKBA has little bits here and there, but to get down to the nitty gritty you have to go elsewhere. 


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #140 on: July 13, 2011, 07:53:49 PM »
But in that example, the child isn't necessarily British.  Surely they should count income due to a British child in any maintenance calculation, if they were to turn it down on that basis alone then they'd be open to lose at appeal I reckon.

I think the confusion arises because (correct me if I'm wrong) a british citizen can claim tax credits for a non-british child dependant once that child is here without it being classed as recourse to public funds for visa purposes.  Obviously this can't be included in calculations as without the non-british mother there would never be a claim for tax credits.

In the case of a British child, the UK citizen mother/father can claim tax credit for their child whether or not the person subject to immigration control is present or not.

I agree shandy I think it does make a difference but I think they can still claim for a dependant child even if they aren't british as long as they are responsible for supporting that child that's how I understand it anyway.

Aww I see transpondia that explains why there is nothing in the guidance about it  what do you think about the new post from cali girl about the example given.

I really wish we could get some clarification from somewhere though it is proper driving me nuts wondering.

Love pads x
about it


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #141 on: July 18, 2011, 05:59:05 PM »
Another question for you all...

I recently married my American husband here in the UK (he's currently on a Student Visa). I myself am a mature student, who also works. My income from my work covers rent living expenses, and he has a part time job, so we just eek in at the financial requirements for spousal visa but it's tight (both our jobs have variable hours).

However, I do also receive a full student loan for my course, so my income from that is just over £5k a year, putting us above the financial requirements. However, the visa form asks us what the monthly income is for us but my student loan is paid every 3 months or so.

How do I put this on the form as income? Or do I need to write a seperate letter detailing it, along with proof of what I receive, since it doesn't appear on monthly statements.

Failing this, we do have savings, so I'm hoping it'll be enough. No one want to give husband a full-time job whilst he's still on his student visa!


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #142 on: July 18, 2011, 07:24:32 PM »
How do I put this on the form as income? Or do I need to write a seperate letter detailing it, along with proof of what I receive, since it doesn't appear on monthly statements.

If you include six months of bank statements the student loan amount should appear twice. There are people on this board who have used the loan amounts as income. Also, this is something that can be explained in your covering letter.

Quote
Failing this, we do have savings, so I'm hoping it'll be enough. No one want to give husband a full-time job whilst he's still on his student visa!

No one will give him a full time job, because as a full time student he can't take a full time job anyway. He is restricted to 20 hours during term time.
August 2008 - Tier 4 - Student Visa
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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #143 on: July 18, 2011, 07:33:19 PM »
Oooh thank you! I was having a minor panic since I know you can't use public funds and didn't know if this counted etc. Can you tell this is my first time doing this?!

As for the lovely husband of mine - he's submitted his PhD so he's looking for a post-doc job (hence needing to do the spousal visa now instead of later with 3 months of summer-job wages) - timings are horrendous.

We're going to go in person, too, which will hopefully help if we need to explain our situation further!


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #144 on: July 18, 2011, 07:54:28 PM »
We're going to go in person, too, which will hopefully help if we need to explain our situation further!

Going in person is for straight forward applications, not to help explain your cause. ;) If they feel the need to look further at your application they will, and you won’t get the visa that day. This isn’t to scare you, but it is something you need to know going in to it.

Now that said if you can provide evidence that you have enough money to support yourselves you should have no problems. The common wisdom on the board is that savings generally need to be good to support you for six months, so for a couple that would be approximately £2,566 or more. Anything more is icing on the cake.

Read the visa board a little bit more and you’ll get a better idea what a straight forward application is and isn’t. You’ll also find examples of people using loan funds a financial support. Read people’s experiences about when they apply in person.

Try not get stressed (easier said than done, I know). ;) This board is a good resource, as many people on it have been in that same position you are in now.
August 2008 - Tier 4 - Student Visa
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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #145 on: July 29, 2011, 01:48:49 AM »
Hi everyone,

I am new to this forum and am hoping to get some advise, even though I am not living in the US.

Here is a brief background of my situation. I currently live in Barbados (Caribbean) with my husband who is Barbadian and I am a UK citizen by birth. We have been in a relation ship for 5 years and been married for 1.5 years. We got married in Barbados. I moved to Barbados 2.5 years into our relationship. We would now like to move to the UK and settle. I have read many forums and the UK visa website to make sure we have the correct documentation etc. We have plenty of evidence to proove our relationship, but our concerned regarding the accomodation and funds side of the application. My relationship is strained with my family since moving to Barbados and marrying my husband and I would rather not ask for my mothers support for the application. Our good friends have been more than helpful in saying they would support our application. However my question is can a friend be a 3rd party sponser? We have one friend that has a 4 bedroom house in Hove, UK who has wrote a letter saying we can stay and she lives there with only her three year old son and we have another friend in London who has wrote a letter saying she is willing to support us financially should the need arise, with a bank letter stating when her account was opening, the balance (20,000+) and her bank details. Do you think this would be okay. We currently have no savings, but i will be in recipt of bonuses and my husband will be putting some aside to so we can raise at least 7000 pounds before we come. We also would include in our application a leaving island sale document we have put together which shows once we sell the items of our home we will have 5000 pounds. In your opinion, will this surfice, I am absolutly scared we may be declined for using friends and asking my mother is the last thing i would want to do. She may even say no anyway.

In regards to funds for our flights, i travel frequently with my current job so i have sufficient air miles for 2 one way tickets which i have provisionally booked which can be fully refunded. These are booked for November 20th and i have explained that in the supporting information section.


We both have no emplyment on arrival, but hav eresearched job availabilty in the areas we are qualified in and it looks promising. We will include this in our application.

Any help regarding using friends as a 3rd party sponser and the documents we have gathered will be greatly appreciated.

Thanking you in advance.



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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #146 on: July 29, 2011, 09:49:46 AM »
You can use a friend for accommodation, but not financial support. Assets also need to be available, so you couldn't use the potential re-sale value of your possessions unless you have actually sold them and have the money. I'm sure someone else can comment on the approximate amount of money you should aim to have.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #147 on: August 02, 2011, 10:11:48 PM »
Quick question's looking through here I need around £105 a week to support myself and my wife what is deducted is it just rent ? I ask as I pay a fair amount for a train ticket what about other bills credit card for example?

I have also until recently been Overdrawn but I was helped out by some inheritance should I explain what this is on my application when I submit my bank statments as it came from my dad's pension fund.

My final point of concern is my current work contract is only for 6 months currently ,4 remaining.Will this cause an issue.Should I send my contract or just my wage slips ?

thank's in advance


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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #148 on: August 02, 2011, 10:53:24 PM »
£105 is after rent and council tax.

Many have applied with overdrafts, it doesn't tend to be an issue. If you have a large deposit out of nowhere on your bank statements it is better if you explain it.

Just send the wage slips. :) There really isn't any need to send in the contract too.
August 2008 - Tier 4 - Student Visa
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Re: Advisory: Budgeting for Spouse/Fiance(e)/Unmarried Partner visas
« Reply #149 on: August 02, 2011, 11:08:30 PM »
My one issue is my payslips are e-slips.My employer has an online portal for payslips which you can just print off.
I imagine this will not really work too well will it ? I'll have to see if my Employer can provide something a bit more official.


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