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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi i wanted to find out my husband is on a spouse visa soon

Resolved Question:

Hi i wanted to find out my husband is on a spouse visa soon he will be applying for indefinite currently he is not working and i am on maternity leave, i have two children and on maternity leave, i also have found out that i am expected again. i receive housing benefit. would that affect his visa application?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Howard replied 1 year ago.
If you are receiving benefits to which you are entitled as a British Citizen then this is perfectly acceptable and should have no particular impact upon your husband's application. This assumes that you informed the benefits office of your husband's immigration status when applying for housing benefit - you should be the claimant - not you and your husband.

Remember that he is the applicant and he needs to meet the criteria. He is the one who must not have recourse to public funds. The ability to support yourselves without recourse to public funds is important and he should ideally have a job of some description when applying although caseworkers are not going to refuse solely on financial grounds.
Customer: replied 1 year ago.

so basically you are saying as i am a british citizen and also i am the applicant who is claiming housing benefit not my husband it should not be a problem?

Expert:  Howard replied 1 year ago.
Sort of, although you are not an applicant at all. I am saying that the applicant is the one who must not claim benefits and the applicant is your husband.
Customer: replied 1 year ago.

my uncle has a firm and he has said he will keep him as a part time employer soon next week sometimes.


currently he has about 4 months before his visa expires, if he starts working does he need to show the payslips and if for how many months? i heard you need to show 6 months of bank statements and payslips?


 

Expert:  Howard replied 1 year ago.
You should show the most recent 6 months but you can only show what you have. It is not a breach of conditions to be unemployed - if he has only had the most recent 4 months employed at the time of application then it would not be a reason for refusal.
Customer: replied 1 year ago.

thank you for your help.


i have a few more question to clear, hope you dont mind.


would i need to show my payslips? or any documents? like i did previously when applying for my husbands visa?


 


do you think they will take into consideration that i have 3 children?


 


 

Expert:  Howard replied 1 year ago.
It is a good idea to show the family's financial situation. You will note that the SET(M) form asks questions about your income as well as your husband's income. Everything stated on the form should be evidenced.

The primary concerns for this application are that you are both still married and living together and that there is no likely immediate recourse to public funds. It is a relatively straightforward application and you are likely to be more concerned than you need to be.
Customer: replied 1 year ago.

thank you very much. :)


i know this is going to sound dumb, but have u received your payment?


you were great help

Expert:  Howard replied 1 year ago.
It doesn't sound dumb at all. You need to rate the service that I have provided so that I can receive payment.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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Howard
Howard
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Senior Partner with nearly 20 years experience in UK Immigration Law.