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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi Tom I am a divorced woman n uk citizen n mother of 2 boys

Resolved Question:

Hi Tom
I am a divorced woman n uk citizen n mother of 2 boys ages 12 n7 from previous marriage
I want to marry a man who is on DLR
N runs his business n can support himself v well.
He has a 3 yrs old daughter whose mother don't let him c his daughter
He s fighting to c his daughter in the court but court only allowed him in direct contact as daughters mother claims girl s not safe with his dad
I have few question in my mind
1- I'm a jobless person n receive social security benefits for me n my kids
If I marry him would this effect on my benefits
2 can he switch his status from DLR to spouse visa
He doesn't need my support as he earns quite well n self sufficient

If we live together would I b still able to get benefits
Regards
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Saira,

Thanks for your question.

Can you list the benefits that you receive please?

Kind regards


Tom
Customer: replied 3 years ago.
I'm a depression patient I receive ESA
Child tax credit child benefit and housing benefit
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Can you tell me more about his business?

Is he self-employed?

Is it a limited company?

How much does he earn per year from it?

Kind regards,


Tom
Customer: replied 3 years ago.
Yes he s self employed
He runs a private college yes it s a limited company
Expert:  Thomas replied 3 years ago.
Hi,

Thanks.

How long has he run this for and what has been his annual income over the past couple of years?

Kind regards,

Tom
Customer: replied 3 years ago.
It's aproximately 18000 annually
N he s trimming the business for last 6 years
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

There is a financial requirement in order to be eligible for a spouse visa:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/299103/Financial_Requirement_Guidance_20140324.pdf


The requirement in respect of salary is £18600.00. Usually it is the UK spouse that would be earning this amount but the other non-UK can use their income to rely on in provided that they have the right to work legally in the UK. I assume that your partner does because you have said “DLR” by which I think you mean “discretionary leave to remain”.

The difficulty is that because you do not earn a salary you cannot base the application on your income. If you were in receipt of a disability related benefit the you would be exempt from it.

If your husband falls short of the £18600 per annum income requirement then the application would be rejected. In the circumstances, it would be better to wait before he applies for to switch to a spouse visa so that he can wait until he meets the requirements for directors at page 52 of the guidance. This means that he should wait until he has earned £18600.00 in a given financial year and then base his application on this increased income.

There is nothing to physically stop you getting married, but I would not advise a spouse visa application until he has increased his salary above the threshold level over a full financial year.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.
Thanks Tom but when he applies for spouse visa after increased income will I still b able to receive benefits as I have children to look after
N because his x wife s trying to kick her out of the country she s trying e thing she can would that effect to re new his dlr in September
Thanks v much
Expert:  Thomas replied 3 years ago.
Hi,

The best way of working it out is by using the online benefits calculator and completing as if you were married:-
https://www.gov.uk/benefits-calculators

You can then compare the benefits that it says you are eligible for with those that you receive at the moment.

Kind regards,

Tom
Thomas and 2 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
Thanks
I'm confused will me getting benefit will effect on his getting spite visa or not as he s earning himself the required income
Expert:  Thomas replied 3 years ago.
Hi,

Provided that you are only claiming the same benefits that you would be claiming even if you were not with/marriage to him then you will still be okay.

Tom

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