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Discussion Starter #1
Hi,

I am my husband's visa sponsor (he was granted a 2.5 yr spousal visa in March 2014) and it looks like I am going to lose my job as I've been diagnosed with breast cancer and need a lot of time off and haven't yet passed my probationary period in my new job.

I am terrified that if I then claim out of work benefits this will be a red flag to UKBA and he will be deported.

Is it possible that UKBA would find out through the DWP, or might I be ok if I've recovered enough to have been back in work (earning above the threshold) by the time the visa renewal comes though?

I'm so scared as I'm losing my health and my job and perhaps also my husband too if I can no longer sponsor him. I don't have any family support as my mother passed away last year, also from breast cancer.

It's a shot in the dark, I know, but can anyone advise me on what I might be able to do?

In the event that I don't lose my job, we can't survive on statutory sick pay anyway (out of work benefits would come to more), so it looks like I don't have a choice for a while before I can work again.

I can't seem to find any answers to this online and I can't afford immigration advice, can anyone help?

Thank you so much, I'm at desperation point here and making myself ill. Normally I'm so composed!

crystal_dynamo
 

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As a cancer sufferer you can claim PIP = Personal Independence Payments under special rules. Means its dealt with quickly and you do not need tons of medical evidence. Just the form signed by your consultant.

PIP qualifies you to apply using the lower maintenance requirements of about £113 per week which other benefits will cover, instead of £18k

https://www.gov.uk/pip/overview
 

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Maybe nyclon could help? Its in one of the appendix.

If you claim certain benefits for being disabled or a carer the maitenance requirements apply.
 

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Is your husband working? If not, can he find a job? His salary will be able to be included when you go to renew his visa. So that might help put your mind at ease.

And just be aware that when you apply for benefits, you will have to note that your husband is subject to immigration control. Depending on the type of benefits, your eligibility will be calculated as if you're a single person. But if he's working, his salary will need to be declared to determine the amounts you're eligible for. So long as you follow the rules, I can see no reason why you'd have any trouble at this time. Just focus on your health and recovery and ask questions on here if you have any concerns. Best wishes!
 

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Hi,

I am my husband's visa sponsor (he was granted a 2.5 yr spousal visa in March 2014) and it looks like I am going to lose my job as I've been diagnosed with breast cancer and need a lot of time off and haven't yet passed my probationary period in my new job.

I am terrified that if I then claim out of work benefits this will be a red flag to UKBA and he will be deported.

Is it possible that UKBA would find out through the DWP, or might I be ok if I've recovered enough to have been back in work (earning above the threshold) by the time the visa renewal comes though?

I'm so scared as I'm losing my health and my job and perhaps also my husband too if I can no longer sponsor him. I don't have any family support as my mother passed away last year, also from breast cancer.

It's a shot in the dark, I know, but can anyone advise me on what I might be able to do?

In the event that I don't lose my job, we can't survive on statutory sick pay anyway (out of work benefits would come to more), so it looks like I don't have a choice for a while before I can work again.

I can't seem to find any answers to this online and I can't afford immigration advice, can anyone help?

Thank you so much, I'm at desperation point here and making myself ill. Normally I'm so composed!

crystal_dynamo
I am really sorry about your situation. I'll pray for your health and visa.

We've got great moderators in this forum and they'll help you out with your application.

Get well soon :)
 
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These are the benefits which allow you to meet the requirement through adequate maintenance which means you have to show that you have £113.70 left over each week after paying rent/mortgage and council tax:

Where the applicant’s partner is in receipt of any of the following benefits or allowances 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:

 Carer’s Allowance.
 Disability Living Allowance.
 Severe Disablement Allowance.
 Industrial Injuries Disablement Benefit.
 Attendance Allowance.
 Personal Independence Payment.
 Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
 Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

This is from FM 1.7. Refer to section 3.6.

https://www.gov.uk/government/uploa...337420/Annex_FM_1_7_Financial_Requirement.pdf

Additionally, as stated above your husband's income can be used to help meet the financial requirement now that he is in the UK on a visa which allows him to work.
 

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Discussion Starter #9
Thank you so much everyone. I had no idea there was some provision for situations like this and it's a huge worry off my mind. My husband does work although I'm the far higher earner, but it's so good to know his salary will be taken into account. I'm going to work through the links you've given me then concentrate on actually getting better. Financial worries were so great that I hadn't even really thought about anything else yet. Thanks again, from both of us.
 
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