Dani89

Hello Everyone! I am new on here and I just have a couple questions about the Spouse Visa Requirements.

Firstly I am American and had lived in the UK for 5 years under student visas. I graduated and then went traveling for about 2 years where I got engaged to my British partner. (We were best friends before I graduated). We are actually currently in the process of our K1 visa (this visa allows US citizen to bring their foreign partner into the states to marry). However plans have changed and we would actually like to try and live in the UK together after we marry. We still want to marry in America.

SOOO! We are currently in the UK for the next 6 months before we marry in America. My british partner is searching for a job that will give us the required £18,600 salary. We were going to stay with his mom just to start off with until we are in a better position to move out. His mom lives in a council house.

Now I have been told that her living in a council house is not a problem. It is a 3 bedroom house with plenty of space. She pays rent and also pays council tax and is currently under no benefits.

The problem is that she is thinking about getting Working Tax Credit. Would this mean my visa would be denied if we were planning on living with her? My partner and I would not personally be receiving this benefit ourselves, and she is fully entitled to the working tax credit. I do get a little confused about this part of the visa. :/

Or would we need to get our own place somewhere if she were receiving working tax credit? We really do want our own place! but ideally it would be nicer if we had time to get the marriage done, get settled, and save up a little bit first.

Any help or advice is greatly appreciated

roaringmouse

Would make no difference.

Dani89

I'm just a little confused because it states on their website:

"If you are applying for entry clearance or leave to remain as a partner, child, partner or dependent relative you must provide evidence that there will be adequate accommodation in the UK, without relying on public funds, for you and your family. This includes any family members who are not included in the application but who live in the same household with you."

But it also says:

"There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.

Details on current benefit and tax rates (means and non-means tested)

The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

An important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter was granted."

These two statements confuse me slightly. If his mom was receiving working tax credit, wouldn't we have to move out because of the first statement above? If it is okay for us to stay then why is that?

larrabee

I believe that this paragraph refers to such instances as the applicant having a child who is a UK citizen. If the child will be living with the applicant and sponsor, there must be adequate accommodation but they will not require a visa so will not, as such, be included in the application.

Here is the link so that it can be viewed in context.

http://www.ukba.homeoffice.gov.uk/vi...ply/financial/

Dani89

ahh I see. That does make sense. Thank you.

DaveLovesDee

Check out the Migrants Rights Network, BritCits and Family Immigration Alliance websites, Facebook pages and Twitter accounts of people affected by the £18,600 rule. They're all a great help and you get to know other families in the same situation.

I've been to Parliament three times now because of these rules. There are also a couple of threads in The Rovers Return.