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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11819
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hello, I want to Marry my Filipino fiancee in the Uk. I have

Resolved Question:

Hello,
I want to Marry my Filipino fiancee in the Uk. I have been on benefits due to disability. I have enough money to support us Independantly for a year or so. Do I need to stop claiming. My wife would be supported by me for six months and she has a job offer . Do you the plan is allowable, or would it expedite matters if I go to the Fils to marry her?

Thank you

Richard
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  INC replied 5 years ago.

Hi,

Thanks for your question.

If I have provided you with an answer, kindly click ACCEPT.

 

Based on the very limited information you have provided above, the issue that you would always have to address is one of Maintenance. If the UKBA believe that you cannot adequately support your Partner without recourse to public funds, the application will be refused and you will have to Appeal.

 

Generally, it is easier to marry the foreign Spouse i n their home country and then submit an application for a Spouse Visa as opposed to a Fiancee Visa.

 

 

If you wish to discuss, please feel free to ask further questions.

 

Kind regards,

Expert:  INC replied 5 years ago.

Hi,

 

If I have answered your original question, kindly click ACCEPT.

 

If you do not, I do not get credit for my time.

 

Many thanks,

Customer: replied 5 years ago.
Hi, Your answer tells me the obvious. I know this info.
What I want to know is:
Do I come off pension credit for help with rent and council tax.
Does disability allowance count as income to support my wife.
Is it true she can work after six months?
Is is best to do nothing at the moment with regard to benefits and just go and marry.
When married, what should I do about my savings 15k and benefits in order for her not to be refused entry.
Thank you very much,
Richard
Expert:  INC replied 5 years ago.

Hi Richard,

 

I would not advise you to come off pension credits to assist with rent and Council Tax.

 

Disability Allowance should not increase as a result of your wife being allowed to live in the UK. If it does, this will adversely affect your application.

 

Your fiancee will be able to work after she has entered into a marriage and obtained a Spouse Visa. On a Fiancee Visa, she will not be permitted to work at all.

 

I would suggest you do nothing at the moment and attempt to marry. Once you are married, you will be able to submit an application based on the information you have provided above.

 

Provided you can show that you have adequate means to accommodate and maintain your partner without recourse to public funds, you have a good chance of having the application granted.

 

 

If I can be of further assistance, please feel free to ask further questions.

 

Kind regards,

Customer: replied 5 years ago.

Hi, Thanks very much,

 

Just one more question and I will be happy to accept your answers.

 

What in your opinion/government policy opinion would be an acceptable amount of savings I personally need to have, bearing in mind that you have said that my wife could take up a job offer.

Also would my wifes earnings lesson my benefit income?

 

Richard

Expert:  INC replied 5 years ago.
Hi Richard,

I am asked this question quite a lot and the straight forward answer is that there is no set amount specified.

The test for maintenance funds is the Uvovo Test. Basically, you need to show as much or more funds than if you were on benefits. This would amount to an income of £800 per month or more.

Thus, if you had savings and an income of more than 800, you should be OK.

In addition, I would suggest that you provide details of potential jobs that your partner would be able to apply for when in the UK. You will be able to print suitable potential job specifications from the job centre website.

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,
INC and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

Hi, Your last information letter is a little ambiguous.

 

Can you please confirm that I should stay on benefits and also prove I have £800 a month in addition to satisfy immigration or can I include what I receive in benefits towards the £800 + use of savings?

 

Thank you

 

Richard

Expert:  INC replied 5 years ago.

Hi,

 

Yes I can confirm that. If you stay on benefits and you r benefits do not increase as a result of your partner joining you, you will be fine.


I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,

Customer: replied 5 years ago.

Hi, To be completely clear on this subject. I can stay on benefits, but do the benefits count towards the £800 income needed. I also looked up Uvovo, but could find no reference on the internet.

 

Yours

 

Richard

Expert:  INC replied 5 years ago.

Hi,

 

Yes the benefits do count towards the £800 required per month.

 

With regard to Uvovo, click on the following link:

 

http://www.yourrights.org.uk/yourrights/rights-of-immigrants/persons-subject-to-domestic-immigration-controls/no-recourse-to-public-funds.shtml

 

I hope this answers your question. If so, kindly click ACCEPT.

Kind regards,

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