Spouse Visa Financial Requirements if UK Spouse is on DLA or other benefits

Go Back   Expat Forum For People Moving Overseas And Living Abroad > Europe > Britain Expat Forum for Expats Living in the UK

Britain Expat Forum for Expats Living in the UK The Britain Expats forum is a community of people that have moved to the UK from overseas. This is the place for Expats to meet and discuss anything about the British way of life.

Like Tree30Likes

Spouse Visa Financial Requirements if UK Spouse is on DLA or other benefits


Reply
 
Subscribe to this Thread Thread Tools
  #1 (permalink)  
Old 28th February 2013, 11:01 PM
New Member
 
Join Date: Feb 2013
Location: UK
Posts: 16
Rep Power: 0
annem84 is on a distinguished road
4 likes received
7 likes given

Users Flag! Originally from uk. Users Flag! Expat in turkey.
Smile Spouse Visa Financial Requirements if UK Spouse is on DLA or other benefits

Hello

I am looking for some advice please.
I recently married my partner of 6 years who is Kurdish/Turkish living in Istanbul. I am a UK citizen.
Unfortunately I am sick and my partner got a visit visa under compassionate grounds to come to see me in UK but now we are applying for a spouse visa from Turkey for him to come live with me in the UK as we are married
I understand that in the UK the partner of the person coming into the UK i.e. me has to earn 18,600 british pounds per year but I am sick right now and have been signed off work long term as I am not able to work. I do not have any savings. My employer is not paying me so I am receiving benefits and I live in a house which is paid for by the council. I hope to be able to work again one day but my hospital treatment is scheduled for 1 more year.
I have read that there is an exception to the rule of the spouse earning £18,600 if they are on DLA Benefit which I am as I am not able to walk much and I need to be looked after. I dont know what I have to earn each week for to be able to be afford for him to come over. He will get a job right away in his brothers business so at least we know he has a job to come to but who can tell me what I need to earn each week from my benefits for us to be successful with our application. Do the UK Border Agency take both my DLA Benefit and Employment Support Allowance into consideration and that is my earnings? I find it very difficult to understand and I can not bear the thought of living without my husband. I would love to work again right now but just simply can not as I am simply too unwell.
I would be very grateful if you could help and tell me how much income I need to have coming in per week and if the benefits I get will cover this or where I can find this information? As I mentioned before I have had a look on the UKBA site but I find it too complicated and it does not give a figure of what I need to have per week for us to survive on and as I get rent council tax paid for me that will change when he comes too, its all so complicated for me right now to deal with but I need to get this done so that we are not apart any longer.
Thanks for reading.
loulabell, webdeem and Faye77 like this.


Last edited by annem84; 28th February 2013 at 11:06 PM. Reason: typing error
Reply With Quote Quick reply to this message
  #2 (permalink)  
Old 28th February 2013, 11:19 PM
Joppa's Avatar
Member
 
Join Date: Sep 2009
Location: Sunny Lancashire
Posts: 38,591
Rep Power: 10982
Joppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond repute
6359 likes received
190 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

Yes, you are exempt from financial requirement and only need to meet the criteria for adequate maintenance.
Read http://www.ukba.homeoffice.gov.uk/si...df?view=Binary
You need £111.45 per week left over after housing, and if it's all paid for, then you only need to have that much coming in every week. DLA will count but not ESA, housing benefit, income support etc.
annem84 and loulabell like this.

Reply With Quote Quick reply to this message
  #3 (permalink)  
Old 28th February 2013, 11:40 PM
New Member
 
Join Date: Feb 2013
Location: UK
Posts: 16
Rep Power: 0
annem84 is on a distinguished road
4 likes received
7 likes given

Users Flag! Originally from uk. Users Flag! Expat in turkey.
Default

Dear Joppa, Thank you so much for your very prompt reply.
I get my housing paid for me.
I get £42 pounds DLA per week.
I get £120 pounds ESA each week but that will not be classed as income so my only income is £42 pounds per week? Is that correct? Does that mean I dont earn enough for my partner to come to the UK?
Does it mean that the UKBA only see me as earning £42 pounds per week which is my DLA money and not £42 DLA + £120 ESA which is £162 in total?
I do not understand what I would need to do for him to be able to come here then as I am not allowed to work as per my doctor, my employer will not pay me anything and will not let me work as per my doctor.

Reply With Quote Quick reply to this message
Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 28th February 2013, 11:49 PM
Joppa's Avatar
Member
 
Join Date: Sep 2009
Location: Sunny Lancashire
Posts: 38,591
Rep Power: 10982
Joppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond reputeJoppa has a reputation beyond repute
6359 likes received
190 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

I think you can add up all your benefits for meeting the maintenance requirement. There have been some recent changes in the rules, making it clear what can and what cannot count. http://www.ukba.homeoffice.gov.uk/si...df?view=Binary spells it out.
annem84 likes this.

Reply With Quote Quick reply to this message
  #5 (permalink)  
Old 28th February 2013, 11:56 PM
New Member
 
Join Date: Feb 2013
Location: UK
Posts: 16
Rep Power: 0
annem84 is on a distinguished road
4 likes received
7 likes given

Users Flag! Originally from uk. Users Flag! Expat in turkey.
Default

thanks again, this is simply what I dont understand.
it says that dla can be counted but im not sure esa is counted. I will just need to keep studying it

Reply With Quote Quick reply to this message
  #6 (permalink)  
Old 1st March 2013, 12:50 AM
Member
 
Join Date: Aug 2011
Location: UK
Posts: 1,858
Rep Power: 0
2farapart is on a distinguished road
363 likes received
91 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

Item 5(a) of the attachment Joppa has offered as a link now states:
Quote:
Income from benefits can be included as income.
This is a new addition. I was studying the maintenance requirement earlier in the month for another applicant and, at that stage, this wasn't mentioned - so it does indeed look like new wording in this February revision. UKBA always mentions any exclusions where necessary. As there are no exclusions here, it reads to me now as 'ALL benefits'.

Reply With Quote Quick reply to this message
  #7 (permalink)  
Old 1st March 2013, 04:50 PM
New Member
 
Join Date: Feb 2013
Location: UK
Posts: 16
Rep Power: 0
annem84 is on a distinguished road
4 likes received
7 likes given

Users Flag! Originally from uk. Users Flag! Expat in turkey.
Default

thank you very much.
so this would mean my ESA is allowed to be included in my income?
do the UKBA change the financial binary on a regular basis?
who would I work out and show to the UKBA to show our housing situation when he comes as I am getting my housing paid for me but when he comes he is not allowed to rely on benefits so we would need to pay some rent/council tax?
do you understand where I am coming from?
thanks again.

Reply With Quote Quick reply to this message
  #8 (permalink)  
Old 1st March 2013, 07:09 PM
Member
 
Join Date: Aug 2011
Location: UK
Posts: 1,858
Rep Power: 0
2farapart is on a distinguished road
363 likes received
91 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

Yes, it could mean that your ESA is counted (as far as we can tell from the new wording). We don't know for sure because we're not UKBA, but it looks like ESA will be counted too.

You don't need to worry now about what your husband will pay once he is here. You just need to prove what you receive now (so supply all letters confirming your benefits entitlement and 6 months bank statements).

Once your husband is in the UK you will need to contact the council and DWP to rearrange what benefits you can continue to claim (mention that your husband is an overseas citizen who cannot claim benefits and they should be able to calculate your entitlement correctly), but you don't need to do this until he's here.
annem84 likes this.

Reply With Quote Quick reply to this message
  #9 (permalink)  
Old 1st March 2013, 09:19 PM
New Member
 
Join Date: Feb 2013
Location: UK
Posts: 16
Rep Power: 0
annem84 is on a distinguished road
4 likes received
7 likes given

Users Flag! Originally from uk. Users Flag! Expat in turkey.
Default

Thank you again.
I would need to know for sure before I apply as we do not want to apply and find out that this is not correct and be rejected and then lose £900.00.
It confuses me because it says on IMMIGRATION DIRECTORATE INSTRUCTIONS dated December 2012 Annex FM Section FM 1.7 which is on the UKBA site just now:

3.6. Meeting the financial requirement through “adequate maintenance”
3.6.1.
Where the applicant’s partner is in receipt of Carer’s Allowance or any of the following disability-related benefits in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold.
Disability Living Allowance.
Severe Disablement Allowance.
Industrial Injuries Disablement Benefit.
Attendance Allowance.
http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

maybe I should go and see an immigration advisor, they would probably know wouldnt they?

Reply With Quote Quick reply to this message
  #10 (permalink)  
Old 1st March 2013, 10:04 PM
New Member
 
Join Date: Mar 2013
Location: england
Posts: 46
Rep Power: 0
dref is on a distinguished road
9 likes received
108 likes given

Users Flag! Originally from uk. Users Flag! Expat in uk.
Default

In 2011 i was on incapacity benefits and i applied for my wifes visa, she was given a visa.

To make your case stronger you need a letter from your brother in law of an offer of a job for your husband. Also a letter of support when your husband arrives in the UK and your brother in law proof of income for one year, because he has his own business.

You need a letter from your gp explaining about your illness and send in all your benefit payment letters.

You need to speak to 4 or 5 immigration advisers to get a clear view.

When i applied for my wife i spoke to about 10 solicitors everyone told me different things, some of them said i had no chance because i was not working.
annem84 likes this.

Reply With Quote Quick reply to this message
Reply


Tags
benefits, spouse, turkish, ukba, visa

Quick Reply
Message:
Options

Register Now

In order to be able to post messages on the Expat Forum For People Moving Overseas And Living Abroad forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.
User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.
Password:
Confirm Password:
Email Address
Please enter a valid email address for yourself.
Email Address:
Location
Where you live
Expat From Country
Please select the country you originate from. This will appear as a flag when you make posts on the site.
Expat To Country
Please select the country you have either moved to or want to relocate to. This will be presented on the site when you make posts.

Log-in


Thread Tools

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
New Financial requirements on Spouse Visa emmadee Britain Expat Forum for Expats Living in the UK 22 30th June 2014 12:37 PM
Financial Requirements for UK Spouse Visa english_gal Britain Expat Forum for Expats Living in the UK 6 15th January 2013 07:35 PM
financial requirements spouse visa AminSeyed Britain Expat Forum for Expats Living in the UK 3 10th January 2013 05:00 PM
Spouse visa financial requirements ekf16 Britain Expat Forum for Expats Living in the UK 7 12th December 2012 08:07 AM
Spouse Visa Financial Requirements bamgbsa1 Britain Expat Forum for Expats Living in the UK 19 30th November 2012 11:24 PM

FORUM PARTNERS

ExpatForum.com is owned and operated by VerticalScope Inc.

Retiring Overseas Guides | Moving Overseas Guides | Cost of Living | Health Care Guides


All times are GMT. The time now is 08:29 AM.


Powered by vBulletin®
Copyright ©2000 - 2019, vBulletin Solutions, Inc.
Search Engine Friendly URLs by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2019 DragonByte Technologies Ltd.