Legal Question in Immigration Law in United Kingdom
my friend he is libyan and he have indefinty to leave in uk and he married his wife when she was student, then he apply for her as a wife the home office change her visa to wife and give her 3 years visa can she take public fund because she have ababy and her husband take income spport.
1 Answer from Attorneys
With regards to your Libyan friend, as he has indefinite leave to remain in the UK, he is free to take up any state benefits he chooses to. That is not a problem.
With his wife, it will depend on what sort of visa she has. A normal spouse visa is only for 2 years, so if it is 3 years it is more likely to be "discretionary leave". If this is the case, she may be able to claim public funds, BUT without seeing the visa, there is no way we can be sure. It all depends on the conditions of the visa itself.
If you want us to advise you further, then either fax or email us a copy of your friend's wife's visa and we can take a look and let you know what she can do. Our fax number is 01244 852589 and our email address is [email protected]
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