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Immigration / Public Funds / USA TO UK

punji Avatar
6y, 11m agoPosted 6 years, 11 months ago
A friend has asked me to find out something for him as i am unsure myself.

If anyone works in the immigration department please help.

My friend is claiming disability living allowance and employment support allowance.
He has found it very difficult to find work due to his disability but is still trying.

He recently got married to a girl who is a US citizen.

He would like to bring her back however as he is not working he relies on public funds.

On the UK Border Agency website, it says you cannot rely on public funds this includes DLA.

She has savings and a degree and wishes to live with him.

If he is not working, how can he call her to the UK on a settlement visa if he is not working and is claming DLA? is this not discrimination or unfair that people with a disability who marry abroad cannot bring their spouse because they claim these benefits not because they want to, but have no choice because of their disability? In his case blind.
punji Avatar
6y, 11m agoPosted 6 years, 11 months ago
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Comments/page:
#1
i think he needs to speak to UK Border Agency directly. they will be able to advise him.
#2
fireexit
i think he needs to speak to UK Border Agency directly. they will be able to advise him.


They keep directing him to various websites and arent being very helpful, some say you strictly cant rely on public funds and some say you can!
#3
What exactly is he going to use the public funds for?
#4
Goonieman
What exactly is he going to use the public funds for?


He only uses the public funds to support himself, buy clothes, toiletries, food etc

But his wife has her 'own' savings which could last her for a year without working, but she plans to find work her, but before that she needs the settlement visa and that only depends on her husband
1 Like #5
he needs to prove that he/they will not claim any public funds to support his partner, if she has money(and a job offer in uk would help also) then it probably won't be a problem.
i am unsure if it matters that he claims for himself
#6
athunder
he needs to prove that he will not claim any public funds to support his partner, if she has money(and a job offer in uk would help also) then it probably won't be a problem.
i am unsure if it matters that he claims for himself


What if she has savings that could possibly last her up to a year without even having to work? she does plan to work as soon as, but it's just the paperwork that they need to get through..
#7
Could he not just go ahead and apply for the visa and deal with any issues that arise?
#8
well the first VISA she will get as a wife will last for 2 years, chances are she would get that but be re-assessed when it comes to applying for the permanent VISA.

for me it was the other way around, my wife had little savings but i had savings and a part time job, and my wife got a VISA without much difficulty, will be applying for permanent 1 this august.

this is just my opinion tho - i don't know for sure either way
#9
Goonieman
Could he not just go ahead and apply for the visa and deal with any issues that arise?


The application costs around £500, that would become to costy if he keeps making mistakes, or it would just be a waste
#10
athunder
well the first VISA she will get as a wife will last for 2 years, chances are she would get that but be re-assessed when it comes to applying for the permanent VISA.

for me it was the other way around, my wife had little savings but i had savings and a part time job, and my wife got a VISA without much difficulty, will be applying for permanent 1 this august.

this is just my opinion tho - i don't know for sure either way


so you don't think he should go ahead with the application until hes in some sort of employment?
#11
punji
so you don't think he should go ahead with the application until hes in some sort of employment?


no i think he should try it, but one of them will need to have a job before her savings run out or the temp VISA expires, or they might think twice about letting her stay any longer.
#12
OP I reckon the Citizens Advice Centre is the best place for help. I am sure someone there will be able to help.
#13
bossyboots
OP I reckon the Citizens Advice Centre is the best place for help. I am sure someone there will be able to help.


Yeah i think i will give them a shout too, they're just hard to get hold of becuase of the hours! thanks
#14
athunder
no i think he should try it, but one of them will need to have a job before her savings run out or the temp VISA expires, or they might think twice about letting her stay any longer.


Yes, that's what he's hoping to atleast either get a job himself, or get her into work in order to support themselves. sounds good, i will let him know! Thanks

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