Advice for those who have just arrived on a spousal visa

Do you have anything from the NHS, DVLA, or HMRC in your name?  Bank statements? It doesn't necessarily have to be bills, but post from an official source.

Yes, I have a provisional driving license, previous tax returns, bank statements, I have letters from the NHS (I believe, though nothing officialy - mainly surveys). Will this be enough?

As well as CRB checks from my employer.

Yes, I have a provisional driving license, previous tax returns, bank statements, I have letters from the NHS (I believe, though nothing officialy - mainly surveys). Will this be enough?

As well as CRB checks from my employer.

You need to provide 6 documents addressed to you at even intervals over the 2 years... so, for example, 1 document from each 4-month period between 2009 and 2011. The documents have to be from at least 3 different sources, so you can only use the same type of document twice (i.e. only 2 bank statements, 2 utility bills etc.).

If you don't have documents in both your names, then you and your husband will need to provide 6 documents each spread over the 2 years (if both names are on all of them, then it's 6 documents in total).

Hi,

After to years of waiting and planning, I finally got my spousal visa in July 2011, and arrived in the UK on the 12th.  It was my understanding at that time that for the initial 2 year period, I would not be eligible for anything classified as "public funds."  I obviously met that requirement and received my visa.

However, after being here with my wife for 1 week, I suffered a small stroke complicated by Bell's palsy at the same time.  I was in Worthing Hospital for several days. 

I am now beginnning the process of understanding what I will need to do to apply for Indefinite Leave to Remain.  I was shocked to read that the rules had changed in April, and that the prohibition against reliance on "public funds" would continue and be applicable in my application for Indefinite Leave to Remain.  My wife has 4 children, including one daughter with special needs, and so she does rely on public funds.  I am disabled myself, and depend upon my Social Security Disability Income to get by.  I had been counting on the possibility that I would have access to public funds after the 2 year period and a successful application for Indefinite Leave to Remain.  After the unexpected turn in my health, such reliance seems unavoidable. 

Is there someone who can advise me? I have already sold my home in the US, and this new understanding may mean a complete upheaval in my life, and the lives of my wife and her children.

Thanks so much for any help.

Teddy

As far as I am aware there has been no definite change to receiving public funds after your ILR.

As this point you can receive them after your 2 years and you have been granted your ILR. 

The change has been proposed, nothing has been set yet.  It could be, that is all we can say.

As far as I am aware there has been no definite change to receiving public funds after your ILR.

As this point you can receive them after your 2 years and you have been granted your ILR. 

The change has been proposed, nothing has been set yet.  It could be, that is all we can say.

I saw the material about this change on thek UKBA website (sorry can't provide link toight but will tomorrow.).  I feel like my life has been destroyed in one fell swoop tonight.  If this is the final truth, my life is shattered.  While maybe, with risk, I could go forward with any public assistance, the combination of me (already visually impaired) and my wife (already recevining benefits for herself and 4 children, inlcuding the daughter with Down's syndrome) -- there is no way in 2 years time that I can see that we can live without sme sort of public sort.  I am not able to work at all, and my wife certainly cannot support a family of a six, plus a dog, with a job. She is now facing the prospect of surgery her back for a disk problem and in is in daily pain.  I'm not sure which way to turn.

It seemed like the change had been made, as of April 2011.  I'm very confused, and a lot of children are going to be hurt if this is really the correct understanding.  I don't know where to turn.  :-(

Teddy

I saw the material about this change on thek UKBA website (sorry can't provide link toight but will tomorrow.).... It seemed like the change had been made, as of April 2011. 

Teddy remember that the rules changes that you're talking about may not be for SET(M) applications and you have to be VERY careful about reading regulations as they can be very confusing. So doing it when you're stressed & tired is something that you shouldn't do.

As a British Citizen your wife is entitled to any benefits she is eligible to. You've already proven that with your own independent income from the US you're able to support yourself without public funds. Is there something that makes you believe that in 2 years time you won't be receiving those funds? I tend to think that you'll continue to receive them and even IF there is a 'no public funds' restriction to an ILR (which I sincerely doubt there is and you're just completely mistaken) you should be more than able to support yourself without them until you can achieve naturalisation 1 year after that.

Ive had a read over the changes as of 7 April and I can find no reference to any changes such as what you've stated for SET(M) applications.

My 2p, by the time you apply for ILR there'll be so many other changes that you're going to drive yourself nuts by trying to figure it out now, 2 years before you really need to worry about it. Just concentrate on keepin your post to show your 2 years residence with your wife and saving up a little dosh to pay for the application when you need to. And when it's time for you to apply, then check back with UKBA or UKY to see if there's anything special that you need to be aware of.

Don't worry yourself with something that hasn't happened...it's not worth it.

They were ones proposed by the old government, but not enacted.

If you provide a link that might help, I can't find it either.

Maybe I'm just misunderstanding the rules... Perhaps someone can shed some light:

http://www.ukba.homeoffice.gov.uk/settlement/#


"Changes to settlement from 6 April 2011

The rules for settlement have now changed, with new and amended requirements for people who want to settle permanently in the UK."

Then, folloing the links describing new rules for a spouse settling in the UK:


http://www.ukba.homeoffice.gov.uk/partnersandfamilies/partners/indefiniteleavetoremain/[/url]

"You have adequate accommodation where both of you and any dependants can live without needing public funds, and at least part of that accommodation (for example, a bedroom) is for your and your partner's sole use;
both of you can support yourselves and any dependants without needing public funds;..."

This really sounds to me like ths is the new rules, and my wife and I, both wth disabilitie and my new health issues s, and one of 4 children with Down's syndrome, I don't see how we can meet this test??

Please, can someoe point out where I am wrong?

Really feeling a bit hopelessw at this stage, which should be happy...

 Teddy

The first link is for people on work visas. I see what you mean about the second link and I am looking at it now.

Not that I am perfect mind you.   

I looked it up in Butterworths also

Hi again -- so appreciate the many responses to my query.  My wife and I had a mini-meltdown last night as we pondered the implications of this possible requirement re: public funds.  Has anyone uncovered anything definite?

I'm a veteran "pre-worrier" so will try hard not to stress on something 2 years down the road.  But all the effort and intricacies of getting my visa have shown me the prudence of planning and preparing early.

I think it was the always helpful & knowledgeable WebyJ who mentioned naturalisation.  I admit not having fully researched that yet -- but a simple question please...  Can I apply for British citizenship straight away before ILR, or does it come after?  Is there an additional fee that will be required for naturalisation?

One of the reasons I'm so worried about the "public funds" is that I am visually impaired.  At the moment, I'm receiving some mobility training under the auspices of a charitable organisation called 4Sight by someone who is technically with the Sensory Support Team.  I was so hoping that once I had ILR, I might be eligible for the additional benefits that would make my life here a little more independent and self-sufficient.  I've already looked into getting a guide dog, and have found that the source is charity-funded and I'm eligible for that, but there is so much more that would make permanent settlement a little easier.

Thank you deeply for the help.  This website and the wonderful people here have made it possible for me to get to England and be with my wife and new family, and have thereby brought about a tremendous degree of happiness, not just for me, but for my wife and her 4 young children -- oh, and my dog, Otis, who made it over here with me thanks to all the advice given on Pets board!

Cheers!
Terry

I admit not having fully researched that yet -- but a simple question please...  Can I apply for British citizenship straight away before ILR, or does it come after?  Is there an additional fee that will be required for naturalisation?

You must have ILR before you apply for naturalization.

Yes, there is an additional fee for naturalization.  At the moment, it's I think it's in the ballpark of £800-900?

Teddy, I don't read that link to mean that you can't apply for public funds after you are here indefinitely.  You have always had to prove you could live without accessing public funds, which is shown by you not using the public funds during your two years that you are here on FLR.  Somebody correct me if I'm wrong, but I don't think this link says at all that you will now be disallowed from obtaining them later.  You just need to prove that you were able to live without them before, which while it is difficult now, it sounds like you guys have managed to do because of your US disability funds and your wife having access to funds herself.  I think you'll just show that you've lived for two years without accessing public funds (outside of the medical care and those things that are allowed).

Cadenza and all, thank you so much.  I hope your reading is correct.  We can certainly make it for the 2 years as things are.  I have sold my home, so will have some reserves, but have just been worried what happens when that savings runs out if, in fact, I'm not eligible for any assistance.  And I do hope to apply for citizenship as well.

Much appreciation for helping to relieve some intense anxiety!

~Teddy

The change is that you have to prove that you can support yourselves (it previously didn't say this), but there is no change to the benefits you become eligible for once you have ILR. I know it's hard, but try not to worry before it's necessary