[newlight1]

Hello everyone,

This is a little far in advacnce of things but something I need to think about and discover.

I am in receipt of the lower rate contribution-based Employment and Support Allowance but may go up at a later date. I live with my parents at the moment due to my disability which stopped me from working, have been working a number of years hence being entilited to the "Contribution-based" ESA.

1) Now my questions are when it comes to the maintenance requirement for the settlement visa I will apply with me being most probably on ESA, living with my parents but my parents are willing to sponsor her and will allow us to live there as long as we need and they own their property. I have a small amount of savings, no where near £10,000. I don't have any debt and neither does she. Do you think we might have a problem with this area of the visa? My parents are retired.

2) If I have my own place before she arrives and get the rent/council tax paid for and am still in receipt of ESA and she arrives, will they stop any of my housing benefit/council tax or ESA?

Thanks in advance.

 

[newlight1]

also 2 more quesitons

3) My parents were also worried about if her and I split up and they sponsored her, would the lost their savings, or if she got into any debt they would be responsible or they would have to support her for the rest of her life in the UK?

4) Will the fact that she is from Albania rather than somewhere like the US make it harder to fufill the maintenance requirement?

Thanks in advance

 

[newlight1]

One more quesiton

5) If I ask a solicitor for help will I be entitled to Legal Aid for help with her visa? In terms of would legal aid help with this type of thing?

 

[lalchicy]

I'm in a similar situation too! Hopefully someone will answer!!!

 

[AnAmericanInScotland]

I'm in a similar situation too! Hopefully someone will answer!!!

No, actually I don't think you are in a similar situation. I read your thread and I think you have a pretty straight forward and uncomplicated situation.

 

[Joppa]

With new rules coming in as early as June, current requirements are rather pointless and we must wait for official announcement due soon. It's likely, but yet to be confirmed, that you will need an actual income through work or self-employment, and those who rely on benefits and parental support won't qualify.

 

[newlight1]

There are new rules coming in?? Really, no one have any idea what they are?

 

[AnAmericanInScotland]

There are new rules coming in?? Really, no one have any idea what they are?

Start here:

http://www.expatforum.com/expats/br...une-2012-according-leaked-cabinet-letter.html

But we've been talking it over here on the forums in several threads. Try the search function here, also look on the UKBA site news page.

 

[lalchicy]

No, actually I don't think you are in a similar situation. I read your thread and I think you have a pretty straight forward and uncomplicated situation.

I was mainly just doing it to bump up your post.

 

[AnAmericanInScotland]

I was mainly just doing it to bump up your post.

Roflol, I needed that! :clap2: :clap2: :clap2:

 

[newlight1]

So all those who are retired, the disabled who can not work, those who are unskilled on a low income etc will never be able to be with their husband or wife if they are from outside the UK. Hmm very fair.

 

[Joppa]

So all those who are retired, the disabled who can not work, those who are unskilled on a low income etc will never be able to be with their husband or wife if they are from outside the UK. Hmm very fair.

Unless they are on good pension or have investment and business interest that brings in sufficient income to sponsor family members from outside EEA.
The government clearly thinks this is the only way to reduce family migration, running at around 50,000 a year, by 15,000.

 

[newlight1]

Unless they are on good pension or have investment and business interest that brings in sufficient income to sponsor family members from outside EEA.
The government clearly thinks this is the only way to reduce family migration, running at around 50,000 a year, by 15,000.

Which most people dont, the middle class and upwards may though.

What about savings? Or family assets someone may have family members (parents?) who hold assets which one day you may be entitled to. A re-arrangement of the family assets might be possible (eg equity release) (if the UK spouse is the ultimate beneficiary and it does not morally or legally impose the beneficial interests of the UK sponsors parents for healthcare in their final years).

Would this be considered if these changes go through?

I noticed you said you thought if these changes go through its most likely not to be until Autumn or later this year? If that's the case my one chance of happiness I should marry her as soon as possible.

Also what if the SPouse who is outside the UK has maybe a job offer which would bring in a certain amount of money would this be considered or does it HAVE to be the UK Sponsor who has the income?

 

[Joppa]

Which most people dont, the middle class and upwards may though.

What about savings? Or family assets someone may have family members (parents?) who hold assets which one day you may be entitled to. A re-arrangement of the family assets might be possible (eg equity release) (if the UK spouse is the ultimate beneficiary and it does not morally or legally impose the beneficial interests of the UK sponsors parents for healthcare in their final years).

Would this be considered if these changes go through?

I noticed you said you thought if these changes go through its most likely not to be until Autumn or later this year? If that's the case my one chance of happiness I should marry her as soon as possible.

We don't know any of that yet, though I suspect the government will try to close as many loopholes as possible by simply requiring income through employment or self-employment, or investment held in their own names.

Marrying now may not solve your problems, as your girlfriend now has a negative immigration history, and though it doesn't automatically disqualify her for a settlement visa, it may make it more difficult. As I said, those who rely on external sponsorship and benefits rather than their own income are looked on negatively by UKBA even under current rules.

 

[newlight1]

Also what if the SPouse who is outside the UK has maybe a job offer which would bring in a certain amount of money would this be considered or does it HAVE to be the UK Sponsor who has the income

 

[newlight1]

Surely it is against human rights to keep a married couple apart regardless of income etc is it not?

 

[nyclon]

Surely it is against human rights to keep a married couple apart regardless of income etc is it not?

There is nothing that says as a mixed nationality couple that you have to live in the UK. You have the option of being together in the non-UK spouse's country.

 

[Joppa]

Also what if the SPouse who is outside the UK has maybe a job offer which would bring in a certain amount of money would this be considered or does it HAVE to be the UK Sponsor who has the income

The government's intention is to allow only UK sponsor's job and income.

 

[AnAmericanInScotland]

The government's intention is to allow only UK sponsor's job and income.

Have you any thoughts on the retiree situation-do you think they'll have a different number for those on pensions?

 

[Joppa]

Have you any thoughts on the retiree situation-do you think they'll have a different number for those on pensions?

Nope. Though it's possible that the government wants a simple system where there is one set of rules which everyone has to meet.