Replies: 3 - Last Post: Dec 24, 2011 2:41 PM Last Post By: Voyager_2002
Dec 23, 2011 9:50 AM
Spousal visaI have travelled to the UK a few times when my son stayed there. I have met and married a British national and went over in January to meet the family. We thought we'd like to settle in the UK and he got a cottage for us through the local council. He is on Incapacity benefits and housing benefits. We told them I am from SA but they said he is entitled to the housing and as we are married both names are on the lease. We returned to SA to apply for my spousal visa, only to find I was refused as he is on benefits. I have my own income which is more than his and can take care of myself. We have appealed the decision but it could take up to 6 months for the decision. I have since applied for a visitors visa but was also refused. They said that they think I will not return after 6 months - if I wanted to be crooked I could have stayed there this year - but I am a law abiding person. My bank account showed my rents deposited on the same day - different places - they say I am trying to inflate my bank account. They say I won't have a return ticket - I have to buy a return ticket if I go overseas. I am 56 and my hubby 61. Do they really not trust us or are they making excuses? My hubby was on benefits before we met. He is not claiming any extra for me. If I am refused and he has to come and live here, he loses his benefits and can not afford to then buy his medication - diabetes, high blood pressure, kidney impairment, water retention. Would the UK really let one of their own have to leave their country because of the ridiculous law of a spouse not allowed to live there if he is on benefits. He worked for over 40 years, paid into the system and is now being denied his rights to a family life. I have a brother living in the UK who is now going to be my "sponsor". Lets see what the next excuse will be. We are even willing to pay our own rent from my income. Anyone out there got some sound advice?????
Dec 23, 2011 2:20 PM
1The problem lays in the letter of the immigration law that states that unless you can prove that you can pay you're own way and not be recipt of public funds... You said it's a joint lease and your hubby claims housing benefit,,, that means you are as well. What you should've done is what you said at the end of your post. Stop claiming housing benefit and start paying the rent yourself.
Dec 23, 2011 4:03 PM
2I don't think it's a matter of 'excuses' OP, the simple fact of the matter is that because your husband is on benefits the govt is worried that he won't be able to support you and have you resort to accessing public funds - which are already stretched tight. Remember - the immigration authorities don't know you from Adam, and there are many thousands of people who do try to rort the system - you know you are trying to do the right thing, but the government doesn't and it's up to you to prove that your intentions are honourable. It's a bitter pill to have to swallow, but being married to a Brit doesn't automatically give you carte blanche to enter the UK.
I'm also thinking that this might not be the best place to obtain advice - you might be better off getting information from an organisation that specialises in your sort of issue.
Edited by: KoalasRule
Dec 24, 2011 2:41 PM
3The link in #3 is good: try there.
I have to say that your sense of indignation is not going to help. The officials who process these things have to follow regulations, and so far as I can tell from your post they have acted correctly. Which is not to say that the law is humane or reasonable (it is not), but you have zero chance of changing the law from the far side of the world. Anyway, the law is very clear: you can only be allowed to join your husband in the UK if you can demonstrate that once you are here, the two of you will have enough money to live on without needing "public funds". Housing Benefit counts as "public funds", although disability benefits may not. So you wil have to provide evidence that your income would be enough to pay the rent and support the two of you, and of course you will have to provide complete documentation about the source of your income.
If all else fails, you do have a third option: the two of you have an absolute right to live anywhere else in the EU, and once you have been there for at least six months, and during that period have been exercising your "treaty rights", you then acquire the right to settle in the UK. For details, search on the term "Surringer Singh".
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