There are many reasons why Spouse Visa holders in the UK would be looking to claim benefits; these are often related to people falling on hard times. The UK has a mature welfare state which is a secure safety net put in place for those who need it the most - but for those on a Spouse Visa, there is rarely access to this safety net. In this article, we are going to take a look at the way in which Spouse Visa conditions prevent visa holders from gaining access to Britain's welfare state. We will look at the reasons for this, as well as the possible exceptions that will ensure you and your partner get the help that you need.
In the vast majority of cases you will not be able to gain access to public funds on a Spouse Visa in the UK. This is normally displayed on on the visa that is given to the holder. The visa normally states that the holder has "no recourse to public funds". The main reason for this is that during your Spouse Visa application, you have to show that you can either support yourself or be supported by your partner during your stay in the UK. This is so that the British welfare system does not need to support you during your stay.
Of course while as a general rule Spouse Visa holders cannot claim benefits while staying in the UK, there are exceptions to this rule. There is also the option of your partner being able to access public funds due to their settled status in the UK. Again, there are exceptions to the rules, and if you believe that you may have an entitlement to welfare benefits then please get in touch. Our immigration specialists can help by looking into your case, and can assist you in making a claim for any benefits you may be able to gain access to. Call today for a free, no-obligation consultation and see if we can help you to move forward.
The simple reason is that you need to be able to support yourself in the UK as part of your visa conditions. It is understood that you and your partner will be able to support your stay in the UK during your application. This is so that you do not cost the British government money by being in the country. Britain is all about positive immigration, therefore Britain encourages immigration where people will come to bring economic benefits, or at the very least not cause any financial negativity. By stopping welfare benefits going to immigrants, the British government can ensure that immigration remains a net gain rather than a cost to the UK.
Because of the way that the UK enforces immigration, you need to ensure that you and your partner can successfully support each other during your stay in the UK. This is the reason why there are so many financial tests placed on immigrants before they are granted a visa. The British government is happy to let British citizens and those with settled status bring loved ones to the Country, but they do not expect to have to pay for it.
As a general rule, yes. If your partner is a British citizen or someone with settled status then they will be able to apply for welfare benefits (depending on their personal circumstances). Their ability to claim welfare benefits is not affected by your Spouse Visa. Though you must take this into account that your circumstances will affect your ability to claim.
If you need to talk to somebody about benefits and how they are affected by a visa, please get in touch today and speak to our immigration specialists who can help you to discover whether you will be able to have access to certain benefits, or whether your partner will be able to claim them due to your visa conditions.
Yes, there are possible exceptions to the rule, and in certain cases a special application can be made to the Home Office for your circumstances to be reconsidered. There will need to be significant reasons for this change, and it will be worth speaking to immigration specialists such as ourselves before attempting to go down this route. We can help you to decide what the best course of action is in your circumstances, and give you the help that you need to make a successful attempt applying for special permission from the Home Office to claim welfare benefits in the UK.
Please note that if you are given an exemption, your visa conditions may be changed significantly, so please get in touch to find out more. These changes are due to the special conditions that have been placed on your visa. To find out if any of these changes are likely to affect your ability to remain in the UK, please get in touch today and our immigration specialists will be happy to talk you through the process. They will be able to give you an idea of what may be required of you in order to satisfy any request to the Home Office.
Our experienced immigration specialists can help you get access to what you need in times of difficulty. If you feel you have a case that needs to be considered, get in touch today and our team will be happy to offer you advice on how to proceed.
If you need more help with navigating the UK's benefits system while on a Spouse Visa then please don't hesitate to get in touch.
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Tier 1 Investor Visa - Business Immigration
Investing over 2 million pounds is defintely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind.
Indefinite Leave to remain - UK Settlement and
I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards.
Citizenship Application - UK Naturalisation
TI have just had British Citizenship application approved. Prior to making the application, i was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that i wasnt disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle thier case, contact Reiss Edwards.
Spouse Visa - Appeals and visa refusals
My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them.
Immigration Visa - Citizen of United Kingdom
The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help.
UK Settlement Visa
I contacted Reiss Edwards to help me with my wife�s UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly.
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I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation.
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I used Reiss Edwards� immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them.
Indefinte Leave to remain - Individual Immigration - UK Settlement
It's a shame that you dont have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards.
Tier 2 Visa application - UK Work Visas
This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again.
I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle.
Tier 1 Investor Visa - Business Immigration
My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team.