[sarahincos]

Question for you all:

My fiance settlement visa application is sitting with an immigration officer in Sheffield right now. I just got an e-mail this morning which asked for bank statements showing that my disabled sponsor recieves DLA. I've included the paperwork that says he gets DLA, but I learned this morning from him that his parents still receive his DLA payment in their bank account. He told me that he never switched it over because they agreed that his DLA payment covers his groceries each week.

Now I'm not sure if we're stuck or not, because as far as I know, his name isn't on his parent's bank account, but the payment of his DLA in their account has his National Insurance number next to the payment.

My suggestion to my sponsor was to go down to the bank and get put on the account with his parents, and then print out 6 months worth of statements, and circle where he's received the DLA.

Also, he's got some paperwork showing where his motability component of the DLA has been paid out in his name as well.

Do you think this would work?

Thanks!!

 

[AmyD]

I don't think this is going to work. Third party support is not allowed and that's de facto what is happening here since the money isn't in his account.

Maybe someone else will have a different opinion but I think you need to get this sorted then re-apply.

 

[sarahincos]

Well, it's not third party if the account is in his name (along with his parents), and the benefits are his and he has full access to them, right? It's not as if we're trying to claim something that isn't his...he would just happen to have his DLA funds placed in a separate account from his ESA funds.

I mean I could be completely wrong, but it meets all the criteria as long as it's in his name and his payment is associated with his NI number.

 

[nyclon]

From FM-SE:

(a) Bank statements must:

(i) be from a financial institution regulated by the appropriate regulatory body for the country in which that institution is operating.
(ii) not be from a financial institution on the list of excluded institutions in Appendix P of these rules.
(iii) in relation to personal bank statements be only in the name of:

(1) the applicant's partner, the applicant or both as appropriate;

 

[nyclon]

Also from FM-SE:

12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, all the following must be provided:

(a) Official documentation from the Department for Work and Pensions or Veterans Agency confirming the entitlement and the amount received.

(b) At least one personal bank statement in the 12-month period prior to the date of application.showing payment of the benefit or allowance into the person's account.

 

[AmyD]

Nyclon provided some excellent info, but I'll just add that he can not add his name retroactively to the account and have that count for immigration purposes.

 

[sarahincos]

I just found this out. So I'm trying to figure out where we go from here. Does he just need one bank statement where it's showing him receiving DLA in his name alone? Or does he need 6 months worth of them?

 

[AmyD]

Nyclon's quote says he needs only one.

 

[sarahincos]

I mean he's been receiving DLA since he was a baby, it's just been in his parent's account. I have his letter from DWP outlining that he's been approved for it, and a note from his doctor saying he is medically unfit for work, and all of his ESA paperwork (which they apparently don't count?). The ESA was the only thing going into his account, which I wish he would have TOLD me before we applied. I was unfamiliar with his finances, and so I looked at it and thought it was both DLA and ESA combined. Good grief, the learning curve with this stuff!

 

[Joppa]

All you can do is to send one statement of his parents' account showing the DLA going in, and attach an explanation why it's his money and has full access to it. His parents should write a letter stating the same. Then hope UKBA will see sense.

 

[sarahincos]

He's just called and had the payment switched to his account starting March 4. They're sending him a letter confirming this, so I think he should include that along, too. If the visa is not approved, then we'll try again with a bank statement from next month showing the DLA in his account.

 

[sarahincos]

29 Jan 2014: Travel back to USA to apply for visa
04 Feb 2014: Completed UK Settlement Marriage (fiancee) Visa application on Visa4UK in USA
04 Feb 2014: Paid for Priority Settlement Service via WorldBridge
07 Feb 2014: Biometrics done (sheet stamped)
07 Feb 2014: Documents shipped to Sheffield via UPS
10 Feb 2014: Documents delivered to Sheffield via UPS (8:43 AM Local)
11 Feb 2014: E-mail from Sheffield confirming receipt of documents (11:22 am Local)
18 Feb 2014: Request for Evidence from Sheffield
20 Feb 2014: Returned e-mail with requested evidence to Sheffield

Annnnd we're still waiting on the "decision e-mail"...