It is very unlikely that a spouse would be required to provide an undertaking. Undertakings are usually used for relatives other than spouses, most commonly elderly parents coming to join adult children (but there are other situations).
Spouses are usually admitted for two years, with a no public funds condition. At the end of the two years they should apply for indefinite leave to remain, which is usually granted reasonably easily provided the marriage is continuing and there has not been recourse to public funds.
I would be very surprised if your client is subject to an undertaking. Her husband is likely to have "sponsored" her by providing evidence that he was capable of supporting her. An undertaking is a clear promise to support, not simply a statement that you are capable of supporting. In all probability the IS refusal is wrong, at least for the reasons given.
There is no set format for an undertaking. Relatives other than spouses apply for ILR on a SET(F) form. This has a standard undertaking, but it is possible to give an undertaking without using this form. SET(F)is available here:
http://www.ind.homeoffice.gov.uk/6353/11406/setf270506.pdf
The standard undertaking is on page 18. The actual undertaking is the small print at the bottom above the signature.
It is very unlikely that a spouse would be covered by an undertaking. You need to look at your clients passport. If she has been here more than 2 years she should have applied for ILR and her passport should be endorsed with this. If she has been here less than two years she is almost certainly covered by a no public funds condition and has no entitlement to IS. If she has been here more than 2 years but has not applied for ILR, she is likely to be an overstayer and needs immigration advice immediately.
|