# Spouse Visa maintenance requirement for the settlement visa worry?



## newlight1 (Feb 13, 2012)

Hello everyone,

This is a little far in advacnce of things but something I need to think about and discover.

I am in receipt of the lower rate contribution-based Employment and Support Allowance but may go up at a later date. I live with my parents at the moment due to my disability which stopped me from working, have been working a number of years hence being entilited to the "Contribution-based" ESA.

1) Now my questions are when it comes to the maintenance requirement for the settlement visa I will apply with me being most probably on ESA, living with my parents but my parents are willing to sponsor her and will allow us to live there as long as we need and they own their property. I have a small amount of savings, no where near £10,000. I don't have any debt and neither does she. Do you think we might have a problem with this area of the visa? My parents are retired. 

2) If I have my own place before she arrives and get the rent/council tax paid for and am still in receipt of ESA and she arrives, will they stop any of my housing benefit/council tax or ESA?

Thanks in advance.


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## newlight1 (Feb 13, 2012)

also 2 more quesitons

3) My parents were also worried about if her and I split up and they sponsored her, would the lost their savings, or if she got into any debt they would be responsible or they would have to support her for the rest of her life in the UK? 

4) Will the fact that she is from Albania rather than somewhere like the US make it harder to fufill the maintenance requirement? 

Thanks in advance


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## newlight1 (Feb 13, 2012)

One more quesiton

5) If I ask a solicitor for help will I be entitled to Legal Aid for help with her visa? In terms of would legal aid help with this type of thing?


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## lalchicy (Mar 25, 2012)

I'm in a similar situation too! Hopefully someone will answer!!!


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## AnAmericanInScotland (Feb 8, 2012)

lalchicy said:


> I'm in a similar situation too! Hopefully someone will answer!!!


No, actually I don't think you are in a similar situation. I read your thread and I think you have a pretty straight forward and uncomplicated situation.


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## Joppa (Sep 7, 2009)

With new rules coming in as early as June, current requirements are rather pointless and we must wait for official announcement due soon. It's likely, but yet to be confirmed, that you will need an actual income through work or self-employment, and those who rely on benefits and parental support won't qualify.


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## newlight1 (Feb 13, 2012)

There are new rules coming in?? Really, no one have any idea what they are?


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## AnAmericanInScotland (Feb 8, 2012)

newlight1 said:


> There are new rules coming in?? Really, no one have any idea what they are?


Start here:

http://www.expatforum.com/expats/br...une-2012-according-leaked-cabinet-letter.html

But we've been talking it over here on the forums in several threads. Try the search function here, also look on the UKBA site news page.


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## lalchicy (Mar 25, 2012)

AnAmericanInScotland said:


> No, actually I don't think you are in a similar situation. I read your thread and I think you have a pretty straight forward and uncomplicated situation.


I was mainly just doing it to bump up your post.


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## AnAmericanInScotland (Feb 8, 2012)

lalchicy said:


> I was mainly just doing it to bump up your post.


Roflol, I needed that! :clap2: :clap2: :clap2:


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## newlight1 (Feb 13, 2012)

So all those who are retired, the disabled who can not work, those who are unskilled on a low income etc will never be able to be with their husband or wife if they are from outside the UK. Hmm very fair.


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## Joppa (Sep 7, 2009)

newlight1 said:


> So all those who are retired, the disabled who can not work, those who are unskilled on a low income etc will never be able to be with their husband or wife if they are from outside the UK. Hmm very fair.


Unless they are on good pension or have investment and business interest that brings in sufficient income to sponsor family members from outside EEA.
The government clearly thinks this is the only way to reduce family migration, running at around 50,000 a year, by 15,000.


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## newlight1 (Feb 13, 2012)

Joppa said:


> Unless they are on good pension or have investment and business interest that brings in sufficient income to sponsor family members from outside EEA.
> The government clearly thinks this is the only way to reduce family migration, running at around 50,000 a year, by 15,000.


Which most people dont, the middle class and upwards may though. 

What about savings? Or family assets someone may have family members (parents?) who hold assets which one day you may be entitled to. A re-arrangement of the family assets might be possible (eg equity release) (if the UK spouse is the ultimate beneficiary and it does not morally or legally impose the beneficial interests of the UK sponsors parents for healthcare in their final years).

Would this be considered if these changes go through?

I noticed you said you thought if these changes go through its most likely not to be until Autumn or later this year? If that's the case my one chance of happiness I should marry her as soon as possible.

Also what if the SPouse who is outside the UK has maybe a job offer which would bring in a certain amount of money would this be considered or does it HAVE to be the UK Sponsor who has the income?


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## Joppa (Sep 7, 2009)

newlight1 said:


> Which most people dont, the middle class and upwards may though.
> 
> What about savings? Or family assets someone may have family members (parents?) who hold assets which one day you may be entitled to. A re-arrangement of the family assets might be possible (eg equity release) (if the UK spouse is the ultimate beneficiary and it does not morally or legally impose the beneficial interests of the UK sponsors parents for healthcare in their final years).
> 
> ...


We don't know any of that yet, though I suspect the government will try to close as many loopholes as possible by simply requiring income through employment or self-employment, or investment held in their own names.

Marrying now may not solve your problems, as your girlfriend now has a negative immigration history, and though it doesn't automatically disqualify her for a settlement visa, it may make it more difficult. As I said, those who rely on external sponsorship and benefits rather than their own income are looked on negatively by UKBA even under current rules.


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## newlight1 (Feb 13, 2012)

Also what if the SPouse who is outside the UK has maybe a job offer which would bring in a certain amount of money would this be considered or does it HAVE to be the UK Sponsor who has the income


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## newlight1 (Feb 13, 2012)

Surely it is against human rights to keep a married couple apart regardless of income etc is it not?


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## nyclon (Apr 3, 2011)

newlight1 said:


> Surely it is against human rights to keep a married couple apart regardless of income etc is it not?


There is nothing that says as a mixed nationality couple that you have to live in the UK. You have the option of being together in the non-UK spouse's country.


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## Joppa (Sep 7, 2009)

newlight1 said:


> Also what if the SPouse who is outside the UK has maybe a job offer which would bring in a certain amount of money would this be considered or does it HAVE to be the UK Sponsor who has the income


The government's intention is to allow only UK sponsor's job and income.


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## AnAmericanInScotland (Feb 8, 2012)

Joppa said:


> The government's intention is to allow only UK sponsor's job and income.


Have you any thoughts on the retiree situation-do you think they'll have a different number for those on pensions?


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## Joppa (Sep 7, 2009)

AnAmericanInScotland said:


> Have you any thoughts on the retiree situation-do you think they'll have a different number for those on pensions?


Nope. Though it's possible that the government wants a simple system where there is one set of rules which everyone has to meet.


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## AnAmericanInScotland (Feb 8, 2012)

Joppa said:


> Nope. Though it's possible that the government wants a simple system where there is one set of rules which everyone has to meet.


Oh dear, this is going to be an interesting next few months!


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## newlight1 (Feb 13, 2012)

Well for me I have a long term medical condition and that treatment is not available in Albania. So it is not an option for me to live in Albania on Disability grounds. 

So if they wont give her a spouse visa then whats the point in getting married? Even if its unlikely they will give us one, then still whats the point in getting married as how can you enter a marriage thinking, well its not very likely we will be able to have a life together after we marry. 

If we applied for a Fiance visa would that give us any indication as to whether she would be granted a spouse visa to save us potentially getting married for no reason?


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## teuchter (Dec 12, 2011)

nyclon said:


> You have the option of being together in the non-UK spouse's country.


Unless you are in a civil partnership, and the non-UK spouse's country not only does not recognise CPs, but actively discriminates against and persecutes gay people.

teuchter


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## AnAmericanInScotland (Feb 8, 2012)

teuchter said:


> Unless you are in a civil partnership, and the non-UK spouse's country not only does not recognise CPs, but actively discriminates against and persecutes gay people.
> 
> teuchter


Very good point! 

NewLight also has raised a good point. I've mentioned before that my husband (the UKC) has fought cancer twice in the past and while the remission has been holding, we've had a scare the cancer had come back. 

What would we do in the US if his cancer did return? Send him back to the UK alone to be treated? Hope the UKBA would grant me at least a full six month visitor visa so I could care for him part time? May as well change my name to Persephone!

Because he sure wouldn't want to try to be treated in the US-to beat cancer there the patient needs super-insurance+shedloads of money for the copays.

I lay there last night trying to be calm, telling myself it is no use worrying until the official announcement is made, but instead running countless scenarios past my sleepless eyes. Bottom line is there are so many variables to nearly every relationship that I wonder how they are going to come up with a straight and narrow set of rules without going completely draconian.


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## MRSREILLY (Mar 14, 2012)

I almost feel like they should put like a letter out to the world like ” if you ever decide to be in the uk with a partner or spouse please know to document everything” i think they should do like the movies lol pop 'round to make sure your really together, just random time you know. Lol this is getting crazy. (please know everyone only reason I put this is cause I had a nightmare lol) I think the only way the can tell the fakes from the genuine is to meet them and ask questions. See how well you know eachother. Just a thought. And figured this was a good spot for it as opposed to staying a new thread


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## AnAmericanInScotland (Feb 8, 2012)

MRSREILLY said:


> I almost feel like they should put like a letter out to the world like ” if you ever decide to be in the uk with a partner or spouse please know to document everything” i think they should do like the movies lol pop 'round to make sure your really together, just random time you know. Lol this is getting crazy. (please know everyone only reason I put this is cause I had a nightmare lol) I think the only way the can tell the fakes from the genuine is to meet them and ask questions. See how well you know eachother. Just a thought. And figured this was a good spot for it as opposed to staying a new thread


The more I think about this, the more I think they should put out a notice that if you are here on a settlement visa you should never relax because you may end up being caught-up in a retroactive movement, and lose your visa!

If they do go retroactive on those of us mid-process (on the probationary 27 months), what's to stop them from going completely retroactive?


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## teuchter (Dec 12, 2011)

AnAmericanInScotland said:


> Very good point!
> 
> NewLight also has raised a good point. I've mentioned before that my husband (the UKC) has fought cancer twice in the past and while the remission has been holding, we've had a scare the cancer had come back.
> 
> ...


Indeed! And as you said elsewhere, while the government's intention with this proposed new requirement is to cut back on the number of 'sham' marriages/'hangers-on' being granted residency in the UK (which I think most would agree is a good thing), it will nonetheless adversely affect all of us genuine applicants. 

The cynic in me feels that this memo was intentionally 'leaked' to the media, in order to gauge reactions...I would expect the LibDems to be vociferously opposed to it, given how it conflicts with their election manifesto pledge (although I'm not holding my breath, given how many of their original pledges they have capitulated on). 

Meanwhile, we just have to wait and see - and live in hope.

teuchter


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## teuchter (Dec 12, 2011)

AnAmericanInScotland said:


> The more I think about this, the more I think they should put out a notice that if you are here on a settlement visa you should never relax because you may end up being caught-up in a retroactive movement, and lose your visa!
> 
> If they do go retroactive on those of us mid-process (on the probationary 27 months), what's to stop them from going completely retroactive?


Indeed - and they ARE desperate!

teuchter


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## MRSREILLY (Mar 14, 2012)

teuchter said:


> Indeed! And as you said elsewhere, while the government's intention with this proposed new requirement is to cut back on the number of 'sham' marriages/'hangers-on' being granted residency in the UK (which I think most would agree is a good thing), it will nonetheless adversely affect all of us genuine applicants.
> 
> The cynic in me feels that this memo was intentionally 'leaked' to the media, in order to gauge reactions...I would expect the LibDems to be vociferously opposed to it, given how it conflicts with their election manifesto pledge (although I'm not holding my breath, given how many of their original pledges they have capitulated on).
> 
> ...


Ugh I feel like im never going to get away from hearing stuff about democrats and repulicans lol one of thrse days im sure I will though lol


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## MRSREILLY (Mar 14, 2012)

AnAmericanInScotland said:


> The more I think about this, the more I think they should put out a notice that if you are here on a settlement visa you should never relax because you may end up being caught-up in a retroactive movement, and lose your visa!
> 
> If they do go retroactive on those of us mid-process (on the probationary 27 months), what's to stop them from going completely retroactive?


I totally agree! Im not going through it yet but I know that once my via is accepted then I get the new stress lol. But in a way I would much rather have that stress instead of the stress and wonders of what if I get denied lol


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## AnAmericanInScotland (Feb 8, 2012)

teuchter said:


> Indeed - and they ARE desperate!
> 
> teuchter


Desperate is a good word for it. 

I read in the article that the LibDems indeed mean to fight this, particularly the very high financial requirements. I know I'll be watching any discussions very closely-so attentive I'll likely use a notepad and a DVR to make sure I don't miss anything. (Glad we decided to get a TV license-lol, my husband hadn't had one for years but agreed that part of the assimilation process for me might include knowing what people are talking about when they refer to something in popular culture.)

What I'm starting to think, too, is that if UKBA would do as MrsReilly suggests, and make unscheduled pop visits to homes, they might actually save a lot of money-catch 'em and deport 'em on the spot if they can't show a real home-life right then and there. 

Our house is a mess-we're slowly renovating the whole place, one room at a time I'd burn with  but they are welcome to come in, and I doubt deeply they'd think we were sham if they saw the one bed in room we're camping out in just now!


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