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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7408
Experience:  BA (Hons), PgDip, Practising Solicitor
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hello. my wife has a two year spouse visa with no recourse

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hello. my wife has a two year spouse visa with no recourse to public funds. her visa runs out on 23 march 2012 and my question is that i am a self emplyed builder and have run out of work and maxed all of my credit cards. can i aply for job seakers allowence or wil this cause a roblem with her visa?

Thanks for your question.
The criteria is that you must be able to support/accommodate eachother without the need to access no more public funds. This is taken to mean that no more public funds should be claimed as a result of the spouse being here.
So, if you would have claimed the funds regardless of whether your spouse had been here and you can otherwise support/accommodate yourselves then this is not a breach of the conditions to her visa. Therefore, there is no breach which could lead to a rejection of her application for Indefinite Leave to Remain (which I presume she shall apply for prior to the expiration of her visa.
Provided you show that it is you that is claiming the public funds and that she has not claim public funds AND that no public funds have been claimed as a result of her presence then you will be fine provided you are able to accommodate/support eachother and evidence this.

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Kind regards,

Thomas, Solicitor
Satisfied Customers: 7408
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 4 years ago.

thanks for your help tom.

my wife had an optopic pregnacy which caused me not to be at the extension i was building for a few days a i lost the job. i take it that i would be best not to mention this as it could be said that she was the cause of me needing to apply for JSA.

also we have a 3 year old son who was born in Ukraine but as i british passport as i am more than second generation british. i take it that i can claim for myself and our son.

also would this give us more sway in the situation with our son being british? thanks for your help again tom

That's fine. Losing the could not reasonably be said to be a direct result of her being here in my opinion.

Your child being British helps to the extent that it reinforces the human right to a family and private life which can help where there is uncertainty, but your position is not particularly controversial one so you should be okay.

Thanks for your accept.

Kind regards.


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