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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34121
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have obtained a spousal/partner visa through leaving to

Customer Question

I have obtained a spousal/partner visa through leaving to remain which will expire in february 2017. My wife is receiving a share in aproperty in order for me to have this visa.
A.Is it lawful to give up the share in this property until 7 months before I need a new visa in order so that my wife be able to claim benefits.( I understand that while I may not have access to public refunds my wife does) My wife will be able to to get a new job about 7 months before in order to support me again for as long as is necessary . Please advise asap Thank you very much
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about your wife's financial position please
Clare
Customer: replied 2 years ago.

My wife has a partnership in a commercial property which produces for her £19k in net profit from the rents. This partnership is only in respect of the rents and should the property be sold then she will not receive any capital from the sale. At present this is her only income.

Customer: replied 1 year ago.

I still did not hear from you

Expert:  Clare replied 1 year ago.
Hi
So she wishes to give this share back so she can claim benefits - and then take it back later?
Clare
Customer: replied 1 year ago.

Wish to give this share away so can claim benefits and not take it back. the actual point in consideration is whether one can or whether one cannot receive benefits in between the time that one has received a spousal visa and the time that one needs to update it.( A duration of about 33 months)??

Kindly reply as soon as possible

Thank You

Expert:  Clare replied 1 year ago.
Hi
Technically yes this can be done - but actually doing it in this way will amount to benefit fraud and could jepordise your visa
Please ask if you need further details
Clare