help uk visa jobseeker

i_wish_3

I need some advice i am really stressed out.i have one daughter who is 17 months and i live with my husband i was recieving income support but now they have stopped it because they said that my husband has to claim jobseekers allownce for the three of us.
he has a interview on monday but im worred if they might not give it because it has been 2 and a hlaf years he has came to the u.k because he is married to me but his visa has been expired for 6 months.he had a 2 year visa for 2 years he was not entitled to public funds or resourses his 2 years are up now he is he has a national insurance number card but im scared if the jobseekers say that his visa is expired .i havent applied for it because ive been busy went on holiday with my daughter alone twice for 2 months each once attending sis weddin and other just went for a break but i am going to apply for his visa but it expired in the end of decmber plus it was christmas .and im thinking of applying for it.will they not give me jobseekers ? becoz ive just moved house and im waiting for my reply from houseing benfit its like 230 a week for rent were i live and i cant pay that ? help im really having a break down.im unemployed and now my husband is going to look for a job.

[Deleted User]

I dont see anyway round this,if his visa has expired then he has no right to be here,and i suspect no right to benefits even if you claim for him.
Sorry if thats not what you want to hear

i_wish_3

woodbine wrote: »

I dont see anyway round this,if his visa has expired then he has no right to be here,and i suspect no right to benefits even if you claim for him.
Sorry if thats not what you want to hear

but ive asked around like family and friends and they said he just needs a national insurance number and that people who live i u.k can get benefits i wasnt sure or certain about this thats why i posted her also many peoples visas expire for years and they apply from the home office and get stays and visas its only been 6 months and his married to me im sure he will get a visa.

i_wish_3

if he cant claim jobseekers then what option will they have for me do i have to stay on income support or ? something else why couldnt they leave it the way it was ? :huh:

dmg24

I would be more worried that in remaining in the UK he is committing a very serious offence, and I would suspect that you are as well. You need to take specialist legal advice on this immediately.

krisskross

i_wish wrote: »

if he cant claim jobseekers then what option will they have for me do i have to stay on income support or ? something else why couldnt they leave it the way it was ? :huh:

If he is allowed to stay in the UK he could look after your child and you could get a job. That way you could claim tax credits etc and it would all be above board.

Conor_3

i_wish wrote: »

but ive asked around like family and friends and they said he just needs a national insurance number and that people who live i u.k can get benefits i wasnt sure or certain about this thats why i posted her also many peoples visas expire for years and they apply from the home office and get stays and visas its only been 6 months and his married to me im sure he will get a visa.

What they said would have been correct had he come from an EU member state and I think it also applies to a country that's a member of the Commonwealth (Austrailia, NZ, Canada)

Just because you are married doesn't guarantee a VISA especially if immigration decide that he married you to stay in the UK - having a child together doesn't change this either. You will both go through a very intense invasive interview with HM Immigration to decide if the marriage is genuine or not. Be prepared.

caleo

My usband is from canada, and he had to apply for a spouse visa from canada, which gave him a 2 year visa, which allowed him to work here, but he had n access to public funds.

Just before the 2 year visa expired, he applied for "indefinite leave to remain". Just because you are married does not give him the right to remain in the UK. We had to send off lots of information to prove that our relationship was genuine etc. A friend of mine had to have very intensive interviews as well before they issued her husband a visa. I was lucky in that the information supplied was sufficient.

he has had a National Insurance number, but that does not mean anything if you do not have a visa to live and work in the UK.

You most definitely need specialist advice on this matter straight away.

bestpud

I think the OP wants him sent home anyway now!

Something about him being "nuthin but a pain in the butt"!

Voyager2002

Conor wrote: »

What they said would have been correct had he come from an EU member state and I think it also applies to a country that's a member of the Commonwealth (Austrailia, NZ, Canada)

Just because you are married doesn't guarantee a VISA especially if immigration decide that he married you to stay in the UK - having a child together doesn't change this either. You will both go through a very intense invasive interview with HM Immigration to decide if the marriage is genuine or not. Be prepared.

I so wish that people would NOT post if they don't actually know what the rules are. Giving someone wrong advice is a good deal worse than saying nothing.

Had the husband been a citizen of an EU country, he would have had an automatic right to live and work in the UK. Citizens of other countries, Commonwealth or not, must ask for permission to live here: for them living and working in the UK is a privilege not a right.

In the OP's case, there will NOT be an intensive interview to establish whether or not the marriage is genuine. They have a child together, and that is usually taken as sufficient evidence that the marriage is genuine. However, there will be other problems...

One key condition for extending the husband's visa (by granting him indefinite leave to remain, the right to work and live here without limit) is that the family must have sufficient income to support themselves without needing public funds. So at least one of them must have a job, and they must be able to show that they are covering their living costs without need of Job Seekers' Allowance, Housing Benefit, or Income Support. One key concession: assuming the OP (wife) is a UK citizen, they can receive Child Benefit and Tax Credits without any impact on his immigration status, since these benefits do not count as public funds in her situation.

Anyway, without an income they cannot get an extension to her husband's visa. And without a valid visa he is not allowed to work here. Perhaps some employers will accept his NI card as evidence that he can legally work here: they would be wrong, and would face penalties if caught employing him, but in practice all kinds of things may happen.

Perhaps a better solution would be for him to accept responsibility for child care, allowing her to work on a full time basis. If she were able to earn enough to support the family (with the aid of tax credit but NOT housing benefit) he would then be eligible to apply for ILR. I do not know how the six-month delay would be treated, but I doubt if it would be too much of a problem. Their present situation is clearly very serious.

Gillianh2

quote=bestpud;12222919]I think the OP wants him sent home anyway now!

Something about him being "nuthin but a pain in the butt"![/quote]o

Do you think the "mars bar" is responsible for that:rotfl: