British Citizen married to non-EEA national

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  • #22936
    Anonymous
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    We have a claim from a British Woman married to Egyptian who initially entered the UK as a single man on a student’s visa ( no recourse to public funds ) but did not actually take up a student course. Instead he found work and worked in UK for more than 12 months. He got married in March. His visa has now expired and he has to return to Egypt this week and will try again to enter UK on a new visa as spouse of British citizen. He does have a NINO, but can we pay as a couple, or wife only ? Husband says he may find work in Egypt but wages are so low there that he will not be in a position to send money home. Wife is unable to work through ill-health ; concerned how she is going to be able to live if benefits not applicable. Any advice much appreciated.

    #10252
    Anonymous
    Guest

    As the husbands return is contingent on his application for a visa being successful,I think you should assess her claim on the basis that she is a single person. They can not be a couple until hubby (re)joins her household.

    For authority see CIS/508/1992

    #10253
    Anonymous
    Guest

    Many thanks – this is of huge help

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