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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
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 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