# spouse visa with carers allowance



## sonya24 (Apr 2, 2013)

hi i am currently new on this forum but reading posts since 1 week i need some help with uk spouse visa.i am a british citizen recieving carers allowance,i wish to apply for my husbands spouse visa who lives abroad i have heard about the new rules that i am exempt from the financial requirement but i am really confused i am single mom receiving income support carers allowance child benefit and child tax credit for my 2 year old son i am currently looking after my disabled mother and live with her me and my mum are getting full housing benefit in the property i am living in.i am pregnant again and due in june 2013.i was wondering how is it possible for me to apply for a spouse visa for my husband do i need stop claiming housing benefit,do i need to work part time please if someone can help me.
thanks


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## Joppa (Sep 7, 2009)

sonya24 said:


> hi i am currently new on this forum but reading posts since 1 week i need some help with uk spouse visa.i am a british citizen recieving carers allowance,i wish to apply for my husbands spouse visa who lives abroad i have heard about the new rules that i am exempt from the financial requirement but i am really confused i am single mom receiving income support carers allowance child benefit and child tax credit for my 2 year old son i am currently looking after my disabled mother and live with her me and my mum are getting full housing benefit in the property i am living in.i am pregnant again and due in june 2013.i was wondering how is it possible for me to apply for a spouse visa for my husband do i need stop claiming housing benefit,do i need to work part time please if someone can help me.


You are exempt from financial requirement so you only need to meet the maintenance requirement. You need £112.55 per week (from 6th April) left over after paying for housing costs. As you aren't paying for housing or council tax, you can add up all your benefits to arrive at your total. You also need to provide suitable housing for you, your husband and your child, which is two rooms. If there aren't enough rooms, you need to get another two-bedroom property.


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## sonya24 (Apr 2, 2013)

Joppa said:


> You are exempt from financial requirement so you only need to meet the maintenance requirement. You need £112.55 per week (from 6th April) left over after paying for housing costs. As you aren't paying for housing or council tax, you can add up all your benefits to arrive at your total. You also need to provide suitable housing for you, your husband and your child, which is two rooms. If there aren't enough rooms, you need to get another two-bedroom property.


thanks for the quick reply so i dont need to work part time and i can continue to claim benefits i have got enough space and i can accomodate him easily can i apply now or do i wait for 6 months?i am so confused because ukba says that i cannot claim public funds while sponsoring my spouse?


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## 2farapart (Aug 18, 2011)

The 6 months limit doesn't apply to you so you're fine on that.

The 'no recourse to public funds' statement means your partner cannot claim them as an overseas national, and that any benefits you receive, you continue to receive as a single person if applicable (ie you cannot claim a higher rate for a married couple if such a thing exists).

UKBA have recently updated their guidance for people exempt from the standard financial requirement, and the update states explicitly that, under Adequate Maintenance rules, all welfare benefits and tax credits will count towards the requirement - see: http://www.ukba.homeoffice.gov.uk/s...w/IDIs/chp8-annex/maintenance.pdf?view=Binary - section 5(a).


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## sonya24 (Apr 2, 2013)

thank you for your prompt reply i just want to ask one more thing my husband will be giving the english language test this month so we are planning to apply as soon as possible but if theres a delay and my second baby is born how much money would i need in total to support him.As i have mentioned i already have a 3 year old son so it would be 111.24 for a couple and how much for 2 dependant children? and what other supporting documents would i need?


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## Joppa (Sep 7, 2009)

It was £214.69 per week in 2011-12, but I don't have the current figure. May be around £228.


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## Kevbeattie71 (Apr 11, 2013)

Hi to everyone..... I am new to this also..... I am from the uk and receiving carers allowance, income support and housing benefits..... I am trying to get my wife over from the Philippines..... The amount I receive all together excluding my housing benefits is only £105.00 but I received a letter saying as a carer I can now earn up to £100.00/week so I am guessing and trying to figure out if that will cover the shortfall...... Is income support and housing benefits now seen as public funds.... Thanks for everyones time...

Kev


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## Kevbeattie71 (Apr 11, 2013)

I am in a similar situation to you Sonya..


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## mandak (May 7, 2013)

2farapart said:


> UKBA have recently updated their guidance for people exempt from the standard financial requirement, and the update states explicitly that, under Adequate Maintenance rules, all welfare benefits and tax credits will count towards the requirement


I don't see where it says "all welfare benefits and tax credits will count towards the requirement"? Only "Income from benefits can be included as income" This could mean the benefits that exempt you from financial requirements? Am I reading it wrongly?


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## 2farapart (Aug 18, 2011)

It seems the document was reworded (again) in April. In February 2013, they added a paragraph that explicitly stated that all benefits and tax credits could be counted as income *for those exempt from meeting the financial requirement* and therefore meeting the 'adequate maintenance' requirements instead (I've bolded that last in case others read this and think it applies to everyone when it does not).

However, unlike the regular financial requirement, there are no sources of income explicitly excluded (even third-party support appears to be admissible provided it is already being received - ie not just a _promise_ of support). In the adequate maintenance section of the Immigration Directorate Instructions, the case study example under para 5.2 shows various tax credits being used to meet the requirement. Immediately beneath this, UKBA then links to current benefits being offered in the UK, which appears to suggest that they will consider all those listed on this rightsnet page.


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## 2farapart (Aug 18, 2011)

A VERY belated addition to my above post:

The paragraph is still mentioned in the IMI annex for adequate maintenance under 5.1(a) as follows:



> 5.1 Assessing the adequacy of the funds available
> In calculating whether the applicant can be adequately maintained, the decision
> maker should follow the following steps:
> 
> ...


(my bold formatting)

And as said, the examples they've given also demonstrate use of various tax credits for applicants whose sponsors are exempt from the financial requirement.


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## mandak (May 7, 2013)

Thank you, yes I noticed they used these examples which is hopeful.
I am exempt from rules and I have recently became self employed, where my income flutuates from month to month, meaning housing benefit will fluctuate.

Being newly self employed and being financially exempt from threshold is confusing as I am unsure how I can prove income. (Providing I am correct in thinking I don't need to be self empoyed for 12 months before applying for spouse visa)


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## 2farapart (Aug 18, 2011)

According to the requirements set out under Adequate Maintenance, the requirements for self-employment evidence (paperwork, not amount) are similar to those not exempt. Take a look at Chapter 6, section 3 for self-employment (sorry - there are no page numbers). It appears you need to send your most recent financial year of paperwork (self-assessment return, bank statements for the same period, statement of accounts etc).


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## mandak (May 7, 2013)

I contacted a lawyer who said that if you are exempt from financial rules then you don't need to work for 6 months in employment before applying or 12 months if you are self employed. I am recently new to my job a couple of months so don't have the yearly annual income evidence.

This is really confusing... and frustrating lol.


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## 2farapart (Aug 18, 2011)

The 'exempt' rule means that the sponsor is exempt from meeting the £18,600 amount of income; it's not an exemption from the evidence required for the income being used to demonstrate the 'adequate maintenance' amount (approx £112 per week) and so the paper evidence is still the same. UKBA's guidance under the exempt ruling was only updated April 2013 so it's very up to date, and it's quite explicit in the evidence required for all income being used to support an exempt application. 

The first thing to do is check that your lawyer is regulated by the OISC for giving immigration advice. If so, maybe they can clarify what instructions they're using (mention the UKBA document I've linked you to). If they're not OISC-regulated, then it's your choice but I personally would not take chances (quite a few people have posted visa refusals that were a direct result of bad lawyer advice).


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## Joppa (Sep 7, 2009)

Lawyers (solicitors) regulated by the Law Society don't need to be registered with OISC in order to give advice, but it's as well to check they are competent in immigration law (a specialised area of legal profession, and one of the most complex and fast-changing!)


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## mandak (May 7, 2013)

Thanks guys see I assumed being exempt from the new financial rules included all the new rules and not just the income requirement. :-(
Hence I thought you would follow the old rules before July 9th 2012.
Is there anywhere that specifically states the exemption is regarding income only?

Thanks for thd advice I will do that.


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## Joppa (Sep 7, 2009)

"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"
So the only difference is substitution of adequate maintenance rule (as described) for income threshold. While the maintenance rule is similar to the rule that applied prior to July 2012, it's not identical, such as third-party support not being allowed and the applicant's income potential not being taken into account.


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## mandak (May 7, 2013)

Joppa said:


> "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"
> So the only difference is substitution of adequate maintenance rule (as described) for income threshold. While the maintenance rule is similar to the rule that applied prior to July 2012, it's not identical, such as third-party support not being allowed and the applicant's income potential not being taken into account.



I managed to get through to UKBA and spoke to advisor to confirm whether I need to work the 12 months in self employment before applying she spoke to a senior manager who confirmed what you said.  she also said you know you don't need to be working if you get DLA I told her all my benefits together minus the amount taken away for adequate maintenance for a couple with 2 children and minus rent council tax takes me just under the amount I need, that's why I took on a job to take it over Tge level. She said that her manager advised I ask for discretion when applying for spouse visa to explain that I have health issues and my income from job takes me over (though I haven't been working 12 months) 

Well all I can do is ask


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## Husband & Wife (Jun 27, 2013)

Dear Sonya24

Have you applied for the spouse visa yet? If so, how did it go?


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## Kevbeattie71 (Apr 11, 2013)

I am in a similar situation............ I get 59.75/week carers allowance and 45.25/week from Income support. This comes to £105.00.... I guess I am meant to make up the rest from a little work as I read the support from other people is not allowed...........

Thanks...

Kevin Beattie


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## Joppa (Sep 7, 2009)

Or savings, though we aren't quite sure how it works out in practice, i.e. how your savings can meet the shortfall in your income. Safer assumption is it has to be divided by 130 (52 x 2.5) to get the weekly amount, but the wording of the guidance seems to suggest you just divide by 52.


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## Kevbeattie71 (Apr 11, 2013)

Thanks.. That makes sense but as all of my savings are gone because I have only been caring and not working...

i.e. how your savings can meet the shortfall in your income. Safer assumption is it has to be divided by 130 (52 x 2.5) to get the weekly amount, but the wording of the guidance seems to suggest you just divide by 52. 

They always keep us wondering and thingking... Thanks anyway now I know. I simply have to get a few hours weeks a week to cover the shortfall.... Also.... I have read a couple of things now about 3rd Party Support. I have read that this might be allowed now???

Thanks again and thanks your time............


Kev


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## Joppa (Sep 7, 2009)

It's not allowed, and Home Office is appealing against the court judgment suggesting it might.


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## Kevbeattie71 (Apr 11, 2013)

Joppa said:


> It's not allowed, and Home Office is appealing against the court judgment suggesting it might.


Its not allowed that I work a few hours a week to make up the short fall? 

I'm confused.....

Thanks again... Kev


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## Joppa (Sep 7, 2009)

I meant external support. You can work to make up the difference.


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## Kevbeattie71 (Apr 11, 2013)

Ater reading back it was clear what you mean... my head is all over the place right now...

Thanks again for your help

Kev


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## pinaylove (Sep 20, 2013)

hi there and hi kev ..we really have same situation as my fiancee in receipt of carers allowances and income support and get only 105 a week which cant make the 112.55... my fiancee looking fo a partime job now to cover the shortfall is that ok? how about you what moves u made to cover the shortfall? 

cheers


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## Kevbeattie71 (Apr 11, 2013)

pinaylove said:


> hi there and hi kev ..we really have same situation as my fiancee in receipt of carers allowances and income support and get only 105 a week which cant make the 112.55... my fiancee looking fo a partime job now to cover the shortfall is that ok? how about you what moves u made to cover the shortfall?
> 
> cheers


Hi there, Yes our situation is the same, I work now to earn an extra £50.00/week but then my income support drops from 45.00/week to 15.00/week so really I am only £20.00 better off a week but it should be enough for the maintenance requirement... Also I just been reading that 3rd party support and savings can also be used. Not that I have any savings!!! I just spent it all on getting married..... Maybe someone else here can clear that up...... I am married to a Filipina and hopefully we will have our application and all supporting documents in by the end of October..... Let’s see what happens.............

Kev


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## pinaylove (Sep 20, 2013)

hi kev.. im filipina aswell im from davao city philippines where is your wife here in phils.... yeah we have same situation right now kev.... how much did u get all in all carers,partime and income support?


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## Kevbeattie71 (Apr 11, 2013)

pinaylove said:


> hi there and hi kev ..we really have same situation as my fiancee in receipt of carers allowances and income support and get only 105 a week which cant make the 112.55... my fiancee looking fo a partime job now to cover the shortfall is that ok? how about you what moves u made to cover the shortfall?
> 
> cheers





pinaylove said:


> hi kev.. im filipina aswell im from davao city philippines where is your wife here in phils.... yeah we have same situation right now kev.... how much did u get all in all carers,partime and income support?


Hello again, My wife is from Samar but she is in manila right now getting her passport put into my family name ...and I am from Scotland...........

Carers allowance I get £59.75/week, work £50.00/week and I only get 15.26 income support because I am working but as long as you get some income support you are also entitled to housing benefit and council tax benefit....

Its a hard job caring for someone and for sure it would be easier to have my wife by my side.................


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## pinaylove (Sep 20, 2013)

Kevbeattie71 said:


> Hello again, My wife is from Samar but she is in manila right now getting her passport put into my family name ...and I am from Scotland...........
> 
> Carers allowance I get £59.75/week, work £50.00/week and I only get 15.26 income support because I am working but as long as you get some income support you are also entitled to housing benefit and council tax benefit....
> 
> Its a hard job caring for someone and for sure it would be easier to have my wife by my side.................



How long have u working on your partime kev? i think your ok now because u meet the adequate maintenance of 112.55.... when is you plan to submit your wifes application? sorry i asked too much...


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## pinaylove (Sep 20, 2013)

my fiancee is planning to see an immigration as well if it would be ok to have partime job to cover the shortfall, its really hardworking kev but i know everything will be ok.... say hi to your wife kev.... or she could add me on my facebook to make friends with her.....


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## Kevbeattie71 (Apr 11, 2013)

pinaylove said:


> How long have u working on your partime kev? i think your ok now because u meet the adequate maintenance of 112.55.... when is you plan to submit your wifes application? sorry i asked too much...


I only started working for my friend last Saturday but he will write a letter saying my job is safe, I hope this will do...........

Hopefully we will have all of the documents together by the end of October so I am thinking by the end of January maybe she can be here....

don't worry about asking to much..... I done my fair share of it also these past months..... Where in the uk is your fiancé?

Kev


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## Kevbeattie71 (Apr 11, 2013)

Sure I can get her to ass you on facebook, she can help you also as we go through the process.... email me at<snip>[/email]


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## pinaylove (Sep 20, 2013)

Kevbeattie71 said:


> I only started working for my friend last Saturday but he will write a letter saying my job is safe, I hope this will do...........
> 
> Hopefully we will have all of the documents together by the end of October so I am thinking by the end of January maybe she can be here....
> 
> ...


could your provide you a employment letter or payslip kev? where did u put your salary is that on carers account or in different account? Basically you earned 125.01 pound per week.....? 
Hes from london kev... yeah we are planning also to apply as soon as possible when everything will be ok ....


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## Kevbeattie71 (Apr 11, 2013)

My salary goes in the same bank account as my carers and yes I need to get a letter from my employer stating my job is safe and also will have to show pay slips im sure... SNIP

Kev


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## Kevbeattie71 (Apr 11, 2013)

pinaylove said:


> HI kev...
> 
> i sent u message on your email..may be you can tell your wife to add me on her facebook .....
> 
> Cheers


I didn't get your message....


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## pinaylove (Sep 20, 2013)

Kevbeattie71 said:


> I didn't get your message.... Yeah I sent a message in that email yesterday


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## Kevbeattie71 (Apr 11, 2013)

sorry, I really did not get it.... try again


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## pinaylove (Sep 20, 2013)

hi kev,,
i sent you private message here because i don't know what happen, i sent you messages in email that you gave me but i think you haven't received it .hows your papers , what are documents you gather as of 
now?


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## pinaylove (Sep 20, 2013)

Kevbeattie71 said:


> Sure I can get her to ass you on facebook, she can help you also as we go through the process.... email me at<snip>[/email]


Hi kev? did you receive my private message here i sent you my email add... hope to hear from you soon

cheers!


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## humza7 (Oct 28, 2013)

Hi

I have been actively reading this forum for quite some time. 

My wife's visa was refused in November 2012 on the basis of me claiming DLA and it being a public fund. The UKBA refusal letter stated that they feel that my wife will be an additional financial burden upon myself and that I have not satisfactorily established where these additional funds will come from. In addition, they are stating that I have not provided evidence of how my wife will be adequately maintained and accommodated in the U.k.

We have our tribunal hearing on the 28th of November. It's nearly two years that we have been married and it has been very stressful for us that we have been apart for so long. I have applied under the old rules pre June 2012.

I suffer from Bipolar Disorder. Previously I have had very good jobs working for the local Government and the NHS. However I have been unable to keep a job for longer then a month, due to health reasons. i.e relapsing, poor concentration at work etc.

I am receiving ESA, which is £700 and DLA which is £296 a month. I live in a 2 bedroom flat and have an overnight carer who visits me 3 times a week. My housing costs are met by Housing Benefit and Council Tax Benefit.

I also have savings of around £8000.I am able to save around £400 a month. This is more then the income support level for a couple.

We also have third party support from my parents, who both work, my father works as an Engineer and my mother works as a Nursery Nurse. Under the old rules, I think that they accepted third party support.

I have a letter from my social worker, stating how many times I have been admitted in hospital and that most of the times of being admitted in hospital, was after coming back from a holiday. I have been admitted in hospital in Pakistan and Egypt. This shows that I am unable to live abroad with my wife, as I have a relapse of Bipolar Disorder every-time I go abroad. The first time I relapsed was when I was 15 and on holiday in Pakistan.

The documents which we submitted to the UKBA were good and included whatever they asked for including my savings, bank statements, house deeds, as I was previously staying with my parents, a letter from them saying they can support us both with accommodation and financially. They also included a representation letter from my solicitors - Duncan Lewis & Co, along with an index for all the documents submitted. 

We therefore feel that we meet the requirements for my spouse obtaining a visa, as demonstrated by previous cases where the sponsor saved their money from DLA and used it for their spouse.

I would be grateful to know how we can strengthen our appeal and also what the chances of a successful appeal are.

I look forward to hearing from you soon.

Kind Regards
Humza


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