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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6430
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi im miss chaillie. im a single bristish mum with 3 children

Customer Question

hi im miss chaillie. im a single bristish mum with 3 children and i would like to know how can i make my mauritian partner to settle with me in england. im on benefit and i work only for 15hr per week i dont get a lot
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

What benefits do you to receive?

Tom
Customer: replied 1 year ago.


Hi Tom


 


i received child benefits,child tax credit (for my 3 children) and housing benefits


Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If you have not cohabited with your partner for a period of 2 years then you could not apply on the basis that you are unmarried partners unfortunately.

Therefore the only option would be for you to marry and then apply for a spouses visa (ie. Settlement) if they areto come here to settle with you permanently.


If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

• 1. That you are legally married to each other
• 2. You are present and settled in the UK
• 3. You intend to live permanently together here in the UK as husband and wife
• 4. You can support each other without the need for public funds
• 5. You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• The UK based spouse must earn a minimum income threshold of £18,600, but the figure is increased if children are coming to £22,400 for one child and an additional £2,400 for each further child. If you have savings or other income then you can meet the financial requirement in other ways:-
• http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary
You are exempt from the financial requirements if you are in receipt of carers allowance or other disability related allowance.
If you do not meet the financial requirements then you will have to see how the challenges to this play out, because it only came in to force last July. It will be found illegal eventually, but it may take time.
If you cannot wait then your partner may choose to investigate applying for a work visa:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/
Or a student visa if they are going to study:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/
I am sorry that I could not have better news for you. I’m sure you consider it grossly unfair and I am inclined to agree but these are the rules at the moment unfortunately

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

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,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

does my child benefit can be considered like an income or not. he has come on a visitor visa 2 time in a year the first time he make 1month and the second time he makes 6month with me in england.

Expert:  Thomas replied 1 year ago.
Hi

Child benefit is not considered income for these purposes because it is allocated for the child.

Thanks for rating my answer

Ton
Customer: replied 1 year ago.


and if i take a loan to join the missing money to get the 18 600 is it possible

Expert:  Thomas replied 1 year ago.
Hi

No, a loan would not work. Its not income and they would realise when you disclosed it.

Tom
Customer: replied 1 year ago.


and if my partner have a saving on his bank account do think it will be alright

Expert:  Thomas replied 1 year ago.
It depends on the amount of savings that they have, please refer to the link I posted in my original answer for details of the amount of savings required.

Tom

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