How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alice H Your Own Question

Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2849
Experience:  Partner in national law firm
30932268
Type Your Immigration Law Question Here...
Alice H is online now

I am a british citizen and my wife is Brazilian and was issued

Customer Question

I am a british citizen and my wife is Brazilian and was issued with an Entry Clearance Visa in Sept 2011. This Entry Clearance has an Expiry date. We are both still present in the UK, but the Expriy date was Dec 2013. What does the Expiry date indicate? Can She still apply of 'Indefinte Leave to Remain', or does the Entry Clearance need to be renewed? I believe she can apply for ILR as she has been here for more than 12 months, and the visa was issue before July 2012. Should she be applying on the SET(M) form or another?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Alice H replied 2 years ago.
My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Why did your spouse not make an application before the expiry date of December 2013?

At the moment it appears she is in the UK unlawfully as an overstayer.

Please clarify.
Customer: replied 2 years ago.

It was not noted that there was an expiry date, we have been in the UK previously (10 years ago), and it was not highlighted to us on this occasion. She is here with the 'accompanying spouse stamp' on the Entry Clearance. He have been told different things related to this date.

Expert:  Alice H replied 2 years ago.
I am going to opt out and refer you to my colleague who specialises in difficult immigration cases.
Customer: replied 2 years ago.


Thank you. What do I do now? Who is the person you refer me to and how do I continue on the series of questions? please advise. This is first time I have used this site, and I am nervous about it.

Customer: replied 2 years ago.

You may as well know these things if you are referring it on.


 


Entry Clearance Granted Sept 2011 (Rio Brazil) for one adult 4 children (non British). My UK status at the time was 'Resident in UK with 'Right-of -Abode'. In 2012 (May) I registered a s Bristih citizen and gained citizenship 6 weeks later (or so). So not I am British, I don't know that this makes and difference to the circumstances.


 

Expert:  Alice H replied 2 years ago.
No need to do anything at the moment.

We are all qualified lawyers so please rest assured that you will get the best support possible.
Expert:  Alice H replied 2 years ago.
Thanks for your patience.

Unfortunately my colleague has been offline for a while so cannot assist.

However I have reviewed your situation carefully and I recommend that your wife should now submit the ILR application on form SET M. She needs to do this ASAP as she is an overstayer and should have done this before the visa expired.

As long as your marriage is subsisting and you can provide supporting documents then the Home Office should issue her ILR.

If you need a good solicitor to help you with the application I can recommend one to you.

Alex

Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2849
Experience: Partner in national law firm
Alice H and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.


Hi Alex, I have been trying to complete the SET(M) form as best I can, but something on it has made me very concerned. The 'No resource to public funds' stamp in my wife's passport. Does this apply just her or us? I applied for Child benefit and Child tax credit and had to submit all our passports, the assumption being that they would only accept if everything was 'legal'. I note on the SET(M) form that if I have received this type of funds, I need to declare it. If I declare it, as I will, is that not paramount to breaking the rules in which case I would be rejected. It seems strange to have a place to declare it at the same time stating 'No recourse etc? Your comments?


 

Expert:  Alice H replied 2 years ago.
Hello

I do understand your concern.

No recourse to public funds relates solely to your wife as the person subject to immigration control.

She is not receiving benefits, therefore, she can answer 'no' on her application.

You are entitled to claim CB for your children - this is not a problem,

Alex
Customer: replied 2 years ago.


Thank you.


It seems very confusing as our income is assessed as a couple by hmrc (she doesn't earn), but the Child tax credit is paid to me as I made the claim initially.


So the only way in which this 'No recourse to public funds' can be breeched is if my wife had made an individual claim, for CB or Child Tax Credit?

Expert:  Alice H replied 2 years ago.
Are you receiving additional sums for your wife in your tax credits claim?
Customer: replied 2 years ago.


What do you mean by additional sums? I receive funds for the children solely, they are listed on the HMRC paper work we receive, my wife doesn't earn, but to complete the assessment I need to put her earnings (nill) on it. As I undertand it she can't get CTC as she doesn't earn. If you mean is she listed as a dependent, no she is not. You have to be under 16 to be a dependent on CTC.

Expert:  Alice H replied 2 years ago.
That's fine. Its clear that your wife is not in breach of the 'no recourse to public funds' restriction. She can quite safely say'no' on her application.

In any event she would be able eligible for tax credits because of an exeption which is explained here:

https://www.gov.uk/tax-credits-if-moving-country-or-travelling/immigration-control

Please remember to take a moment to rate my answer. I am happy discuss further if needed.

Alex
Customer: replied 2 years ago.


Sorry Alex, I had two rating things' when I answered one the other disappeared. As we have not finished will I get the opportunity to submit another one?


 


If my wife could show she previously had ILR would it make any difference? She had this visa in her old passport. This was in 2002 and we then we away from the UK for more than two years.

Expert:  Alice H replied 2 years ago.

No problem. I don't think it makes any real difference either way. Having left the UK for more than 2 years the previous ILR has expired. She since been given permission to return as a spouse. What happened more than 10 years ago, therefore, will not make any difference to the current application.

Customer: replied 2 years ago.

Thank you for your assistance Alex. I will probably be in contact over the next few days

Expert:  Alice H replied 2 years ago.
My pleasure. All the best!
Expert:  Alice H replied 2 years ago.
Hi Andrew

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Regards
Alex Hughes
Customer: replied 2 years ago.


I Alex, Thank you for you interest. We have booked a KOL test for my wife later this month. But I do have a further query on the tax credits. In my initial submissions to HMRC, I declared my earnings. I needed to state all income into the home. My wife doesn't work and never has since we arrived as we have 5 chlidren (primary age) she doesn't have time. However, when we recieve our 'yearly summary' for HMRC both our names appear with NI numbers, but clearly only my earnings, and the payments are made to me. I know she has not made a claim, and that as she doesn't work, but would that be clear for such a summary? Do you follow my thoughts?


 

Expert:  Alice H replied 2 years ago.
Good afternoon Andrew.

Yes, I do understand.

There is clearly no recourse to public funds in your wife's case.

The mere fact that the claim is in your name and you are the recipient of funds is evidence of that.

Also she is entitled to be on the claim for the reasons I outlined area with this link:

https://www.gov.uk/tax-credits-if-moving-country-or-travelling/immigration-control

She can quite legitimately state that she has not been claiming public funds without falling foul of the rules. But if you're both concerned about this you coukd explain the position in a covering letter.

Hope this helps.

Customer: replied 2 years ago.

Ok. Yes I've got that now. A cover letter will definitely be going with the application. Should the worse case happen and the Border agency refuses. What happens? Will I get the opportunity to appeal? My eldest daughter is only 12 and she is British (by birth) I am British by descent, but the other 5 members of my family are all in the same situation as my wife. I assume there is a cost for appeals? Are you able to shed some light on that for me? What would the process would be? If we are refused it would jeopardise my job and house, everything really, we have been married for 13.5 years.

Customer: replied 2 years ago.

Ok. Yes I've got that now. A cover letter will definitely be going with the application. Should the worse case happen and the Border agency refuses. What happens? Will I get the opportunity to appeal? My eldest daughter is only 12 and she is British (by birth) I am British by descent, but the other 5 members of my family are all in the same situation as my wife. I assume there is a cost for appeals? Are you able to shed some light on that for me? What would the process would be? If we are refused it would jeopardise my job and house, everything really, we have been married for 13.5 years

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    948
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.co.uk/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    875
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    121
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.co.uk/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    35
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.co.uk/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm