# UK Spouse Visa Advice Needed



## John Pierre (Dec 3, 2012)

I am Married to a British Lady, We have been married for 3 Years and we have a Son that is 2 years old now, I currently have a 2 years visit visa to the Uk and I want to apply for a spouse visa.
I am self employed and i earn an equivalent 10,000 Pounds Per month.
My Wife is under the Disability Living Allowance as she is disabled, she is also Under Housing benefits and child tax credits
I have savings currently about 100,000 Pounds Cash in my savings account.
I Understand that with the new rules, There is a Waiver for Spouses of British Citizen Who are under the DLA allowance.
Will my cash savings of 100,000 Pounds on my bank statement be of an advantage or disadvantage.
I dont plan to work in the UK as my Business back home will generate monthly income for me.
What documents do I need to Submit.
Your advice is needed.
Thanks


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## Crawford (Jan 23, 2011)

Let's see now......can quite get my mind around a guy who earns 120k pounds per year, has 100,000K in his bank account and his wife gets housing allowance, tax credits and DLA allowance.

Can't decide whether its benefits fraud, or a troll.

Maybe both


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## John Pierre (Dec 3, 2012)

Crawford said:


> Let's see now......can quite get my mind around a guy who earns 120k pounds per year, has 100,000K in his bank account and his wife gets housing allowance, tax credits and DLA allowance.
> 
> Can't decide whether its benefits fraud, or a troll.
> 
> Maybe both


Thats part of my concerns as well, We have never lived together and I provide funds for Upkeep of the family, She has been disabled and on allowance before we met, I Have told her to stop the benefits but she insists, Will this affect my application ?


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## John Pierre (Dec 3, 2012)

CampoKid said:


> It has to be a faker. No-one that stupid could earn that much money.


You really dont have to reply if you dont have an advice to Give
Thanks all the same.


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## 2farapart (Aug 18, 2011)

You seem to be earning a colossal amount of money and so, because you're married to her, she could be jailed for the benefits she's been claiming ever since you married. Benefits can only be claimed by those genuinely in need of them (presumably you support your wife with money given that you're married), and your wife will already be aware of this and so is claiming fraudulently. 

Conversely, if you are not supporting your wife financially and she genuinely is struggling and needing housing benefit as a result, UKBA will doubt very much that your marriage is genuine.

Either way, this will have a negative impact on your chances of obtaining a visa. She first needs to stop claiming benefits (and potentially repay any that she's been claiming falsely if you've been supporting her by sending her money), she secondly needs to be supported financially by you if you're not already doing this, and after that you'll have a better chance at obtaining a visa.


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## WestCoastCanadianGirl (Mar 17, 2012)

John Pierre said:


> Thats part of my concerns as well, We have never lived together and I provide funds for Upkeep of the family, She has been disabled and on allowance before we met, I Have told her to stop the benefits but she insists, Will this affect my application ?


I'd advise that a) *you* ring the Benefits Agencies directly and tell them to stop paying benefit £££ to your wife as you have been supporting her for however long you've been married and then b) pay back every single p of money that she's received from those benefits since the month after you got married (ask them for an exact amount, as they may charge interest on the monies paid out). 

Your wife will likely catch some flack from the Benefits Agency for collecting for the length of your marriage, but you should be able to cover the amount owing from your banked savings.

Once this has been sorted, monies repaid and the Benefits Agency satisfied with whatever punishment they may impose then you could probably proceed with your visa application, and because of your wife's misappropriation of benefits you'd best be prepared to provide the UKBA with detailed financial accountings of _everything_ pertaining to your business (bank statements, detailed income statements etc)... they won't be happy that your wife willingly accepted benefits for 3 years when you were supposedly sending her support money every month and as a result will likely go over your application with an electron microscope.


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## John Pierre (Dec 3, 2012)

I am Really not Interested in Spouse Visa, I am very comfortable and dont need to relocate to the UK for any reason, My Visit visas are sufficient if I need to see my son.
I will talk to a Legal Adviser and see if the chances are high or not
I was not aware she has been getting benefits and Maybe i will have to wait and open another bank statement with low income.


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## WestCoastCanadianGirl (Mar 17, 2012)

John Pierre said:


> *I am Really not Interested in Spouse Visa*, I am very comfortable and dont need to relocate to the UK for any reason, My Visit visas are sufficient if I need to see my son.


But in your opening post, you just said that you want to apply for a spouse visa. Which is it? Do you want to come to the UK as a Spouse of a UK national or do you just want to enter the UK to visit your son?

If just wanting to come to visit your son is the case, then the Long Term Family Visitor visa is suitable for you, and from what I understand, there is no waiver for applicants in this class of visitor. The onus is on _you and *you alone*_ to qualify for the visa.

The waiver that you speak of is for UK Citizens who are wishing to _sponsor their spouses to come to the UK for *settlement*_, and as you've just said that you don't want to relocate to the UK, you are not entitled to any sort of waiver.


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## 2farapart (Aug 18, 2011)

John Pierre said:


> I am Really not Interested in Spouse Visa, I am very comfortable and dont need to relocate to the UK for any reason, My Visit visas are sufficient if I need to see my son.
> I will talk to a Legal Adviser and see if the chances are high or not
> I was not aware she has been getting benefits and Maybe i will have to wait and open another bank statement with low income.


I'm confused too - sorry. 

Yes, you opened the thread saying you wanted a spouse visa and that you are married to a British woman. No problems there. However, if you are STILL married, opening a low-income bank account is merely helping your wife perpetuate a fraud, making the situation even worse (for her and potentially for you too).

If you're no longer married, that's a different situation.


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## mamasue (Oct 7, 2008)

John Pierre said:


> I am Married to a British Lady, We have been married for 3 Years and we have a Son that is 2 years old now, I currently have a 2 years visit visa to the Uk and I want to apply for a spouse visa.
> I am self employed and i earn an equivalent 10,000 Pounds Per month.
> My Wife is under the Disability Living Allowance as she is disabled, she is also Under Housing benefits and child tax credits
> I have savings currently about 100,000 Pounds Cash in my savings account.
> ...



So...am I reading this correctly??
You're applying for a spouse visa in the UK....you've been married 3 years, have a child together...
You're earning big money in Nigeria, but your wife's taking disability, housing, and child benefits all from the government even though her husband (who doesn't want to live with her, but just wants to occasionally visit his kid) !!???
So.... either you're not supporting your wife and child as is your responsibility....or it's benefits fraud!
Also... you don't seem to have made up your mind exactly what you want.

Is this post a wind-up!!???


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## Crawford (Jan 23, 2011)

Well I think it is a wind-up - hence my troll comment.


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## John Pierre (Dec 3, 2012)

mamasue said:


> So...am I reading this correctly??
> You're applying for a spouse visa in the UK....you've been married 3 years, have a child together...
> You're earning big money in Nigeria, but your wife's taking disability, housing, and child benefits all from the government even though her husband (who doesn't want to live with her, but just wants to occasionally visit his kid) !!???
> So.... either you're not supporting your wife and child as is your responsibility....or it's benefits fraud!
> ...



Youre Spot On, The Post is not a Wind-Up at all, Ill be putting in my application Soon.

I have not been supporting her financially because she said she wants to be independent financially and she doesn't want any sort of financial dependency on me.
She is Disabled and has long been receiving benefits before I met her.
She sent me Documents for my 2 years Visa and I supported the Visa application with my High Income Statement and the Visa was issued.
I have not been sending money to her but sometimes When I visit I do give her Money just to take care of my Son.
My question is will her benefits affect my application in anyway If I do decide to get another Bank statement with low income.
Is there any Financial Threshold for Applicants of Spouse Visa.


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## WestCoastCanadianGirl (Mar 17, 2012)

John Pierre said:


> Youre Spot On, The Post is not a Wind-Up at all, Ill be putting in my application Soon.
> 
> I have not been supporting her financially because she said she wants to be independent financially and she doesn't want any sort of financial dependency on me.
> She is Disabled and has long been receiving benefits before I met her.
> ...


I can't believe that I'm feeding this 419 troll, but in the off chance that it _is_ a legit inquiry, here goes...

How difficult is it for you to understand that _*IF*_ you want a Spouse Visa, _you will be required to come to the UK to live with your wife_?

You _*cannot*_ be on a Spouse Visa and live in Nigeria. If you want to live in Nigeria and come to come and visit your son, then _you need a Long Term Family Visitor's Visa_, which is the visa you have.

For the Long Term Family Visitor's visa, _you_ must prove that you have the £££ available to support yourself while you are visiting your son in the UK... there are no waivers available to applicants for this visa category, as applicants must prove that they are self sufficient... fact that your wife is on Benefits does not matter, because your wife will _not_ be supporting you while you visit and the UKBA will _not_ consider your wife's disability benefits in your visa application. You are _not_ allowed to work while you are in the UK and you must follow the conditions of the Visitor's Visa.

Long Term Visitor's Visa is the correct visa at this time. By your own admission you do not want a Spouse Visa, as you don't intend to live in the UK (which is what the Spouse Visa is for). _You *do not*_ need to show another bank statement with low income... if you do, the UKBA might investigate and ask your wife why she is receiving benefits and support money from you when you earn £10000 per month... they don't care that you live in Nigeria and that she "claims" to want to be independent of you... they may even cut her off and make her re-pay the benefits she's been receiving.


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## 2farapart (Aug 18, 2011)

As well as telling us _quite specifically _ that you wanted to apply for a spouse visa (and you mentioned some of the requirements, so you quite clearly DID intend that in your first post), you also said:


John Pierre said:


> I provide funds for Upkeep of the family


And NOW you're saying:



John Pierre said:


> I have not been supporting her financially.


So which is it? 


And you do not wish for a spouse visa because you have no intention of living in the UK at all, as you said here:


John Pierre said:


> I am Really not Interested in Spouse Visa, I am very comfortable and dont need to relocate to the UK for any reason, My Visit visas are sufficient if I need to see my son.


So why are you NOW asking this?


John Pierre said:


> Is there any Financial Threshold for Applicants of Spouse Visa.


Your posts are inconsistent and not at all believable. From the limited information you have given here, it does indeed look like a 419 ploy. However, pretending for a minute that it's not, if you are married and supporting her financially, both you and your 'wife' are engaged in a criminal act of obtaining benefits by deception from the UK government (which carries a jail sentence). If you are married and are NOT supporting her, the marriage will not be believed as genuine for one minute, and if by chance you're not actually married to this woman at all, you have no chance anyway (marriage records are held by government and can be checked very quickly indeed).

Based on your posts and the information you have given us, you have no chance of securing any kind of visa.


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## John Pierre (Dec 3, 2012)

WestCoastCanadianGirl said:


> I can't believe that I'm feeding *this 419 troll*, but in the off chance that it _is_ a legit inquiry, here goes...
> 
> How difficult is it for you to understand that _*IF*_ you want a Spouse Visa, _you will be required to come to the UK to live with your wife_?
> 
> ...


Do you really have to call me a 419 troll ? thats very rude, insultive and disrespectful.
I have been using visiting visas since 2006 to the UK and I make an average 4 trips a Year to the UK so Im aware of Long Term Visa.
When I got My 2 Years Visit Visa last year, I had a Bank balance of Over 100,000 Pounds On the bank Statement I submitted with my Application and we were already married that time and the Visa was issued, even though I stated on the form She is registered disabled.
Now I want to apply for Spouse visa As i want to spend more time with my family.

On the New Family Settlement Application form, there is no Place for Financial aspect of Applicant, More focus Is On Sponsor and I am exempted from the Financial requirement as my Wife is a receiver of Disability Living allowance.

We have a Son, Who already has a British Passport, My names are on the Birth Certificates and the Application form We filled for his British Passports
We have Several Photos of Trips with Our Son Of Vacation All over Europe, So We have More than Enough Trips that Our Marriage is genuine.

My Question is, Is there any Financial Threshold for Applicant for spouse visa ?
How much does Applicant need to have in Bank Statement Before they can Qualify.

Cheers


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## 2farapart (Aug 18, 2011)

If you are applying for a spouse visa (which is the probationary 5 year visa leading towards eventual settlement with a married partner), there is no financial requirement for the applicant. The onus is on the UK partner only. As your wife receives DLA (housing benefit doesn't count), she doesn't need to meet the new financial requirements, but she has to prove that there is still around £112 per week left over after she's paid her housing costs. However, if you are sending her money to help with this, you are both breaking the law which will cause huge problems - especially for your wife.

However, you did specifically say you didn't want a spouse visa (family settlement) and weren't coming to the UK to live. If that is correct, then this is not the correct visa for you. The spouse visa is only for applicants who intend to move permanently to the UK. If you wish just to visit, then you need to apply for the Family Visitor Visa: http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/family/apply/ (which might be what you've used before). This visa is typically issued for 6 months at the UKBA's discretion though there is an option to apply for an extension to 12 months. Both forms and the guidance for the visa can be found on this page, and the guidance will explain what requirements you need to meet.


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## John Pierre (Dec 3, 2012)

2farapart said:


> If you are applying for a spouse visa (which is the probationary 5 year visa leading towards eventual settlement with a married partner), there is no financial requirement for the applicant. The onus is on the UK partner only. As your wife receives DLA (housing benefit doesn't count), she doesn't need to meet the new financial requirements, but she has to prove that there is still around £112 per week left over after she's paid her housing costs. However, if you are sending her money to help with this, you are both breaking the law which will cause huge problems - especially for your wife.
> 
> However, you did specifically say you didn't want a spouse visa (family settlement) and weren't coming to the UK to live. If that is correct, then this is not the correct visa for you. The spouse visa is only for applicants who intend to move permanently to the UK. If you wish just to visit, then you need to apply for the Family Visitor Visa: UK Border Agency | How to apply for a visa (which might be what you've used before). This visa is typically issued for 6 months at the UKBA's discretion though there is an option to apply for an extension to 12 months. Both forms and the guidance for the visa can be found on this page, and the guidance will explain what requirements you need to meet.


Thanks so much and I appreciate your post.
I will go ahead and apply for a spouse visa with my other bank account which i dont use and does not have much funds in it, the balance is around $10,000.
Since the onus is not On me to Prove financial capability and my wife is exempted from the financial requirement then we should be fine.
I wont put forward a Bank statement that will raise a red flag, I will put in a low income bank statement
Once I move to the UK, I will instruct my wife to stop the benefits.
Thanks


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## John Pierre (Dec 3, 2012)

One More thing Since I am Exempted from the Financial Requirement form

Do I still need to Fill the *APPENDIX 2, VAF4 A Financial Requirement Form* ?

Thanks


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## Joppa (Sep 7, 2009)

John Pierre said:


> One More thing Since I am Exempted from the Financial Requirement form
> 
> Do I still need to Fill the *APPENDIX 2, VAF4 A Financial Requirement Form* ?


Yes, but instead of Part 3, complete Part 4 (maintenance).
At the top of Section 3, you have:
_3.1 Is your sponsor in receipt of a disability related or carers benefit listed within the guidance notes?_
Answer Yes, which will lead you to Section 4.


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## John Pierre (Dec 3, 2012)

Joppa said:


> Yes, but instead of Part 3, complete Part 4 (maintenance).
> At the top of Section 3, you have:
> _3.1 Is your sponsor in receipt of a disability related or carers benefit listed within the guidance notes?_
> Answer Yes, which will lead you to Section 4.


Thanks a Lot Joppa, I appreciate.


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## John Pierre (Dec 3, 2012)

Pls I need to clarify One More thing.

Do I need to Submit the Original British Passports of my Wife and My Son alongside my application ?
I will be Applying from Outside the UK.
Will they accept the Original British Passports or Just Photocopies ?
Thanks


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## Joppa (Sep 7, 2009)

John Pierre said:


> Pls I need to clarify One More thing.
> 
> Do I need to Submit the Original British Passports of my Wife and My Son alongside my application ?
> I will be Applying from Outside the UK.
> Will they accept the Original British Passports or Just Photocopies ?


Photocopy of bio pages (personal details plus photo). No need to be notarised or certified.


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## John Pierre (Dec 3, 2012)

Joppa said:


> Photocopy of bio pages (personal details plus photo). No need to be notarised or certified.


Thanks For the response.
Does it matter how much DLA she gets in a week or is there a minimum amount she must get as DLA per week ?

Also according to Paragraph 6 in this Link http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary



> 6. Exemption from the financial requirement
> Where the applicant’s partner is in receipt of Carer’s Allowance or any of the following
> disability-related benefits in the UK, the applicant is exempt from the new financial
> requirement in respect of that application stage:
> ...


 Is the DLA Letter supposed to come from HMRC or DWP ( Department of Works and Pensions ) because the DLA Letter my Wife has is not from HMRC so I have to be sure please.

Thanks


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## John Pierre (Dec 3, 2012)




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## Joppa (Sep 7, 2009)

John Pierre said:


> Does it matter how much DLA she gets in a week or is there a minimum amount she must get as DLA per week ?


No.



> Is the DLA Letter supposed to come from HMRC or DWP ( Department of Works and Pensions ) because the DLA Letter my Wife has is not from HMRC so I have to be sure please.


Strange that. DLA is paid by DWP, though HMRC may get involved as it may affect tax credits. Just supply DWP documents.


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## John Pierre (Dec 3, 2012)

Joppa said:


> No.
> 
> 
> 
> Strange that. DLA is paid by DWP, though HMRC may get involved as it may affect tax credits. Just supply DWP documents.


Thanks a Lot Joppa.

Also, If I have a Job Offer letter in the UK, Can I submit the letter Alongside the Application ?
I currently have a visit visa, and I have a Job offer already
if I submit a Job Offer letter with my Spouse Visa Application or Will it Affect myI because I have a Visit Visa and I am not allowed to Work ?
I intend to STATE That I wish to Work in the UK if I get my spouse visa.
Thanks


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## Joppa (Sep 7, 2009)

I would leave that out. Your job offer is immaterial to your application and you easily meet the maintenance requirement.


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