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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13318
Experience:  Solicitor
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My husband is in africa and wants to join me with the children,

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My husband is in africa and wants to join me with the children, we lived together in the uk and have two children, got married in africa and we applied for his visa to join us, but made a mistake and said it was for family reunion. His visa was denied on basis of that I was not an asylum seeker. Then when I came back in united kingdom with the children on my own, We were evicted from our flats as they were being reposed from the housing association by their owners. Fortunately, I had applied for a council house before I then went to the council to check if I could get some accommodation with the children, so the only houses/flats which were available as I explained that my husband would be coming to join us were private rented from their owners. So I was allocated a flat worth 1,906 pounds for 3 bedroom, and I get paid 2,200 net per month. So the housing benefit is helping me to pay the rent and 1,000pounds is given to me and I pay 906 pounds. I dont intend to stay on the flat for long as my husband will come and we continue with our life with no benefits as we can all work for our family. My QUESTION IS will they allow him to come and join us as they will say I am dependant on benefits. But I disclosed to the council that I work full time 37.5 hours a week and gave them my payslips, Once my husband comes we can look for a decent cheap accommodation, as I have already applied to a few housing associations with affordable rent. My worry is how can I convince immigration officers that, my husband once he comes I can look after him without the public funds. I have lived in UK for 13 years and have never claimed for any benefits, as I always work and I am a nurse
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 4 years ago.
What basis are you here? What nationality is your husband . has he ever been resident here?
Customer: replied 4 years ago.
I am a now a british citizen and the children also have british citizen and born in the united kingdom. My husband was once a resident in UK for eight years and was refused his asylum seeking and then went back to Zimbabwe, so now he does not have any status in the united kingdom. I am working as a nurse here in the united kingdom and settled here. my worry is about me getting the housing benefits what is your expert advice.<br /><br />My husband has done his ilets test and has passed it as a competent user band six. Also we had bought a flight ticket my husband which is a proof of his travelling ticket.
Customer: replied 4 years ago.
please give advice am waiting for the answer
Expert:  Senior Partner replied 4 years ago.
I am afraid the rules are pretty clear. In order to get a spouse visa you need to show that there is accommodation available where you and your husband and children can live without recourse to public funds. You are not going to get a spouse visa for him m unless you can find the financial resources to rent accommodation without relying on housing benefit. I am sorry but that is what the rules say .
Customer: replied 4 years ago.
So does it mean that if you are on benefits you can not get married and have your husband with you and maybe having your partner with you will help, as the partner will be working and together will not be able to continue being on benefits.
Expert:  Senior Partner replied 4 years ago.
If you are on benefits and your husband is from overseas that is correct. You will not get a visa for someone to come here as a fiance if you are receiving benefits unless they can show funds. If you marry abroad you will not get an spouse visa unless you can show adequate funds. If your husband can show he has funds to support you and the children he can get leave but if he does not then he will not get a visa.
Customer: replied 4 years ago.
Does it mean that if I get a house/flat which I will be able to pay my own rent today and move houses and stop the benefits, can I apply for my husband to come any time even before I gets bills for the new house as proof of me living there
Expert:  Senior Partner replied 4 years ago.
He will need to show evidence that you have accommodation available that does not require public funds. He will need to produce documentary evidence of the accommodation such as a rent book or tenancy agreement - you should read the application form which will explain what is required. See here:

Senior Partner, Solicitor
Satisfied Customers: 13318
Experience: Solicitor
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