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 lawyers 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 solicitors 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 lawyers 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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