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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my fiancee came to the uk in December 2011 on a marriage visa,

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my fiancee came to the uk in December 2011 on a marriage visa, we were married on march 5 2012, i was then made redundant but i can not seem to get a national insurance number for her.i am on job seekers allowance and claiming for counsel tax reduction. her visa is valid until 05/06/12 and we are desperate to resolve this situation. i have currently come of hospital and have filled in many many forms and spoken to the local counsel, job-seekers and am told the same thing each time because here visa states NO WORK OR RECOURSE TO PUBLIC FUNDS. as we are know husband and wife surely she can get a Ni number, the thought of her having to go back to the PHILIPPINES fills me with dread, i am still not well enough to look after myself and if she was taken away from me i do not know what will happen to me. yours truly XXXXX XXXXX XXXXXX
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. Did your wife come on a fiancé visa so that she could gain entry to the UK and marry you
2. Did you make an application another application to the ukba after you were married
3. Has she actually worked at any point?
Kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Hi William,

Thanks for your patience.

Having review your original post I think I can actually answer your question now without any further information from you.

When a fiancé enters the UK to marry their UK national spouse they are originally granted leave to remain for a period of, generally, 6 months (ie. a fiancé visa). During this time they are expected to marry the UK national but they are not permitted to work during this time. Therefore during this period they cannot get a NI number because this is usually given upon work. They are also not permitted to claim benefits and so there is no reason issue an NI number for this purpose.

Once marriage has occurred the person should then make a further application to the UKBA to switch from their fiancé visa to a spouse visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/how-long/

Please see the final two paragraphs of the above link for confirmation.

Once they have applied and obtained further leave to remain on this basis their passport will be stamped (NO RECOURSE TO PUBLIC FUNDS). Note the restriction as to work is removed, therefore allowing her to get a job and a NI number when she is employed.

Therefore she needs to make an application to switch to a spouse visa before her current visa expires:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/
She will need to apply using Form FLR(M):-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/applying-in-uk/

Once she has done this she will be permitted to work and get an NI number.

The position as to claiming public funds is that no further public funds should be claimed as a result of her actually being here. So, if you would have claimed the funds even if your spouse was not in the UK then this will not be regarded as a breach of the public funds requirements. Therefore, this will not be regarded as a breach of the immigration rules and I would fully expect them to grant further leave to remain to your wife.

I think you can relax a bit because if she has not claimed public funds (ie. benefits) and you have not claimed funds on her behalf then she will be able to secure her stay in the UK, BUT your primary focus should be making the application for your wife to switch to a spouse visa as soon as possible.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,

Thomas, Solicitor
Satisfied Customers: 6449
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.
Hi,

You will see that I have answered your question above.

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.
Hi William

You will see that I have provided an answer to your question above.

Please click accept.

Kind regards,

Tom

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