# spouse visa & disability?



## Arita5 (Mar 29, 2013)

Hi, I'm Arita and hopefully you can help me with my problem.

I'm from Chile and i'm married to a British Citizen. We have been together for 4 years and we have been living together in Chile for 4 years. We are really happy in Chile and he tells me all the time that life is a lot easier in Chile than in the UK but he wants his family to meet me and recently his Mum has had a heart attack so he would like us to go and live there for 1 or 2 years. The UK Spouse Visa is expensive plus we don't have much savings. I know people with disability-related benefits or Carer’s Allowance will be exempt from the financial requirement in respect of that application stage:

• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Carer’s Allowance.

My husband was diagnosed with bipolar disorder last year in Chile. Here in Chile and also in the UK bipolar disorder is a mental illness so if we went to the UK we would be on a disabilty allowance so would this mean if we apply for a UK Spouse Visa would be exempt from the financel requirements? and if so, because he wasn't diagnosed with bipolar disorder in the UK how could we prove that he as been diagnosed with bipolar disorder? Thanks, Arita


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## Guest (Mar 29, 2013)

Just because he has bipolar does not mean he will be eligible for disability benefits. That has never been the case and even more so since the changes to all benefits, especially disability, coming on april 1st given DLA won't exisit for half the country from then and for the rest from June. 

Disability payments, PIP, is assessed according to needs, care needs and if you can carry out daily living tasks with adjustments or support. 

Many people who previously qualified will noi longer and only the most severly effected, who need physical, emotional and medical support to carry out activites will qualify. And the new benefit is not available unless you satisfy the residence and presence test ie habitually resident with 2yrs residece in the last 3 yrs even if you are British. And a carer can not get carers allowance until the disabled person gets awarded PIP. He would prove it with medical and psychatric reports but would have to undergo further medicals to get the benefit. 

But all that aside you can not claim exemption unless you are actully already claiming the benefits.


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## Arita5 (Mar 29, 2013)

_shel said:


> Just because he has bipolar does not mean he will be eligible for disability benefits. That has never been the case and even more so since the changes to all benefits, especially disability, coming on april 1st given DLA won't exisit for half the country from then and for the rest from June.
> 
> Disability payments, PIP, is assessed according to needs, care needs and if you can carry out daily living tasks with adjustments or support.
> 
> ...


Thanks for your reply and what would be the best UK visa for me. Would it be easier getting the UK Spouse Visa or get a work UK Work Visa?


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## Guest (Mar 29, 2013)

If you can find a way to meet the financial requirement that would be best in my opinion but if not there may be other options, such a employment if you qualify, via europe etc. I will let others who understand the visas for the UK bettter than me to explain. Its still pretty early in the UK and a holiday so the experts may not be around until later in the day.


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## Arita5 (Mar 29, 2013)

_shel said:


> If you can find a way to meet the financial requirement that would be best in my opinion but if not there may be other options, such a employment if you qualify, via europe etc. I will let others who understand the visas for the UK bettter than me to explain. Its still pretty early in the UK and a holiday so the experts may not be around until later in the day.


Thanks so much for your help. It is impossible for us to meet the financial requirements because we have been saving all our money for our own apartment in Chile. We have put all our money into a savings account. If me or my husband found a job that pays more than the finacel requirement for the UK Spouse Visa would it be important if we had any savings or not. My husband as a friend who owns a company and his friend told him he will offer him a job when he returns to the UK. The only problem is could they give us the UK Spouse Visa before my husband as started working? Thanks again


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## nyclon (Apr 3, 2011)

Arita5 said:


> Thanks so much for your help. It is impossible for us to meet the financial requirements because we have been saving all our money for our own apartment in Chile. We have put all our money into a savings account. If me or my husband found a job that pays more than the finacel requirement for the UK Spouse Visa would it be important if we had any savings or not. My husband as a friend who owns a company and his friend told him he will offer him a job when he returns to the UK. The only problem is could they give us the UK Spouse Visa before my husband as started working? Thanks again


No. He will have to return to the UK ahead of you and once he has been working for 6 months, you can apply for a spouse visa from Chile. He will have to have a job earning £18,600/year for 6 months with 6 pay slips at or above £1550/month before you can apply for a spouse visa. As long as he can meet the financial requirement through employment, there is no further requirement to have a set amount of savings.


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## Arita5 (Mar 29, 2013)

nyclon said:


> No. He will have to return to the UK ahead of you and once he has been working for 6 months, you can apply for a spouse visa from Chile. He will have to have a job earning £18,600/year for 6 months with 6 pay slips at or above £1550/month before you can apply for a spouse visa. As long as he can meet the financial requirement through employment, there is no further requirement to have a set amount of savings.


Thanks so much for your reply. I don't like the idea of us been apart for 6 months. The reason we got married because we want to be together for the rest of our lives. 6 months is a long time apart for a young married couple who just want to be together. Could we meet the job earning of £18,600 a year if I get a job in the UK before we come to the UK. I mean if I get a job with a sponsorship that says they have offered me a contract with the earnings of more than £18,600 a year would that mean we can apply for a spouse visa?


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## Joppa (Sep 7, 2009)

Arita5 said:


> Thanks so much for your reply. I don't like the idea of us been apart for 6 months. The reason we got married because we want to be together for the rest of our lives. 6 months is a long time apart for a young married couple who just want to be together. Could we meet the job earning of £18,600 a year if I get a job in the UK before we come to the UK. I mean if I get a job with a sponsorship that says they have offered me a contract with the earnings of more than £18,600 a year would that mean we can apply for a spouse visa?


Your job offer in UK doesn't count at all. It must be your British husband's, and he needs to have earned the equivalent amount in Chile during the past 12 months.


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## Arita5 (Mar 29, 2013)

Joppa said:


> Your job offer in UK doesn't count at all. It must be your British husband's.


So wuld the better option be for me to apply for UK Work Visa?


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## Leanna (Oct 22, 2012)

Arita5 said:


> So wuld the better option be for me to apply for UK Work Visa?


If you can find a company that will sponsor you (very difficult) then it means you & your husband could return to the UK together. Otherwise, your husband will have to return to the UK alone and secure work paying the minimum (£18,600 per year) for at least 6 months to be able to sponsor you.


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## 2farapart (Aug 18, 2011)

Arita5 said:


> Thanks so much for your help. It is impossible for us to meet the financial requirements because we have been saving all our money for our own apartment in Chile. We have put all our money into a savings account. If me or my husband found a job that pays more than the finacel requirement for the UK Spouse Visa would it be important if we had any savings or not. My husband as a friend who owns a company and his friend told him he will offer him a job when he returns to the UK. The only problem is could they give us the UK Spouse Visa before my husband as started working? Thanks again


Do you happen to have at least £62,500 saved? If so, you could apply on the basis of having at least £62,500 provided you have held this amount in a bank account for at least 6 months. This would enable you to avoid the income routes for a spouse visa.


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## Arita5 (Mar 29, 2013)

Leanna said:


> If you can find a company that will sponsor you (very difficult) then it means you & your husband could return to the UK together. Otherwise, your husband will have to return to the UK alone and secure work paying the minimum (£18,600 per year) for at least 6 months to be able to sponsor you.


Actually my husbands friend owns a company that will sponsor me so we'll be fine. Thanks for all the people that helped.


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