# Carer's Allowance & Maintenance Requirement



## Husband & Wife (Jun 27, 2013)

Hi guys!

I have been reading various threads about Carer's Allowance and have subscribed to them to keep updated. I would still like to start this thread though as I have some questions I would like to ask in my own way so that I'm sure I understand the points.

Question:

If I am claiming Carer's Allowance (£59.75pw) plus Income Support (£56.80pw) plus Housing Benefit (£52pw), totaling £168.55pw... would I be eligible to bring my wife to the UK on a spouse visa?

Thanks


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## Joppa (Sep 7, 2009)

Only if you have £112.55 per week left after housing cost (rent, mortgage) and council tax.


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## Husband & Wife (Jun 27, 2013)

Ok, so if Carer's Allowance (£59.75pw) plus Income Support (£56.80pw) totals £166.55pw, and I receive Housing Benefit and Council Tax Benefit which covers the housing costs but these are deducted from the net income anyway so we won't include them in the first place... then my net income exceeds the maintenance requirement of £112.55pw and I'm eligible to bring my non-EU wife on a spouse visa to the UK.


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## Husband & Wife (Jun 27, 2013)

Sorry, a mis-type there... Carer's Allowance (£59.75pw) plus Income Support (£56.80pw) totals £116.55pw.

This still exceeds the maintenance requirement of £112.55pw after housing costs (which are covered by Housing and Council Tax benefits)... and I wouldn't need to use savings or income from employment to compensate either, correct?


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## Joppa (Sep 7, 2009)

Yes, it seems that way.


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## Husband & Wife (Jun 27, 2013)

How is the maintenance requirement of £112.55pw worked out?


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## Joppa (Sep 7, 2009)

That's the amount a couple over 18 gets in income support, so the idea is that the migrant couple must have at least equal to what a British couple would get in benefit - the principle of maintenance.


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## Husband & Wife (Jun 27, 2013)

Thank you for the explanation. Do you have a link for that information please?

Also... so the fact that the British citizen's non-EU spouse would be living off of the benefits which the British citizen receives is not a problem?


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## Joppa (Sep 7, 2009)

"2. Definition of ‘adequate’ and ‘adequately’
Paragraph 6 of the Immigration Rules sets out the definition of ‘adequate’ and ‘adequately’ that must be applied in all cases in relation to a maintenance and accommodation requirement.
'Adequate' and 'adequately' in relation to the maintenance and accommodation requirement shall mean that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the family *the level of income that would be available to them if the family was in receipt of Income Support*. See UKAIT 00065 KA and Others (Pakistan)
http://www.ukba.homeoffice.gov.uk/s...w/IDIs/chp8-annex/maintenance.pdf?view=Binary

No, because the British partner is entitled to them, provided DWP has been notified that they are now living with their partner who themselves cannot access public funds.


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## Husband & Wife (Jun 27, 2013)

Reading the document you linked to Joppa... section 6.1.B... if income from employment is used in addition to income from benefits to meet the maintenance requirement... I get the impression that it's only necessary to show proof of the income from employment for as long as the employment has been held (eg: one month), rather than for 6 months. Is this correct?


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## Joppa (Sep 7, 2009)

Haven't read the document (it's 4 am here!) but I think you are right. Good night.


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## Husband & Wife (Jun 27, 2013)

Thanks! Have a nice sleep


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## Husband & Wife (Jun 27, 2013)

This is a checklist of documents for the spouse visa application via the Carer's Allowance Route. Please can you check it and let me know what you think?

APPLICANT
-
*Spouse Visa Application Form 
*Invitation Letter from Sponsor
*Applicant's Cover Letter
*2 Passport Sized Photographs of Applicant
*Current Passport + Certified Copy of Bio-page
*Previous Passports + Certified Copies of Bio-page
*Birth Certificate + Certified Copy
*Family Certificate + Certified Copy
*Albanian ID Card + Certified Copy
*ESOL Test Pass Certificate + Certified Copy

SPONSOR
-
*Sponsor Form SU07/12
*Sponsor's Cover Letter
*Certified Copy of Passport Bio-page
*Certified Copy of Birth Certificate
*Certified Copy of SIA Licence

APPLICANT-SPONSOR RELATIONSHIP
-
*Albanian Marriage Document + Certified Copy
*Certified Copy of GRO Deposited Marriage Document
*Photographs of Applicant-Sponsor Relationship
*Screenshots of Email Communications
*Print Outs of Facebook Communications
*Print Outs of Skype Communications
*Phone Card Receipts
*Support Letters X 12

FINANCE
-
*DWP Letter of Confirmation of Carer's Allowance Benefit
*Stamped / Headered Bank Statement / Letter Confirming At Least One Payment of Carer's Allowance into Sponsor's Bank Account
*Breakdown of Net Income from Benefits
*DWP Letters of Confirmation of Other Benefits (Income Support, Housing Benefit, etc)

ACCOMODATION
-
*Letter from Letting Agency on Behalf of Landlord
*Tenancy Agreement
*Certified Proofs of Address (electricity bill / water bill / NHS Wales letter / SW Police letter / Local Council letter / HMRC letter / SIA letter)


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## Joppa (Sep 7, 2009)

"Birth Certificate + Certified Copy
*Family Certificate + Certified Copy
*Albanian ID Card + Certified Copy"
*Sponsor Form SU07/12
*Certified Copy of Birth Certificate
*Certified Copy of SIA Licence
*Albanian Marriage Document + Certified Copy
*Support Letters X 12

Above are not needed.


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## Husband & Wife (Jun 27, 2013)

Why are the Albanian marriage document and support letters not needed?


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## Joppa (Sep 7, 2009)

Because you have deposited it at GRO so have a UK marriage certificate in English and don't have to get the original professionally translated.
Support letters are too subjective and will be ignored.


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## Husband & Wife (Jun 27, 2013)

Why are the birth certificates not required?

Are passports the only required form of ID?

The sponsor form is for the financial requirement, so it's not needed because we'll be exempt from needing to meet the financial requirement?

One of the reasons for refusal the Embassy gave regarding our family visit visa was that my wife didn't provide evidence of her family in Albania, although she included a family certificate. My wife will be concerned about this one. Why is it not needed?


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## Joppa (Sep 7, 2009)

Passports are usually sufficient evidence of DOB and names, while birth certificates are only needed where there has been a change in names (due to adoption for example).
Sponsorship form SU07/12 is only needed for supporting extended family member like grandparents and siblings, not partner.
Different visas have different evidential requirements. For visit visa, where you have to show strong ties back home, so family info is important. Not for settlement when you are moving to UK permanently. The only exception is if she is leaving her children behind from previous relationships etc.
I know it's confusing for those who haven't done it before, but believe me, I am right!


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## Husband & Wife (Jun 27, 2013)

I understand that


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## Husband & Wife (Jun 27, 2013)

Are there any other documents that you can think of which need to be included?


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## Husband & Wife (Jun 27, 2013)

Revised list...

APPLICANT
-
*Spouse Visa Application Form
*Invitation Letter from Sponsor
*Applicant's Cover Letter
*2 Passport Sized Photographs of Applicant
*Current Passport + Certified Copy of Bio-page
*Previous Passports + Certified Copies of Bio-page
*ESOL Test Pass Certificate + Certified Copy

SPONSOR
-
*Sponsor's Cover Letter
*Certified Copy of Passport Bio-page

APPLICANT-SPONSOR RELATIONSHIP
-
*Certified Copy of GRO Deposited Marriage Document
*Photographs of Applicant-Sponsor Relationship
*Screenshots of Email Communications
*Print Outs of Facebook Communications
*Print Outs of Skype Communications
*Phone Card Receipts

FINANCE
-
*DWP Letter of Confirmation of Carer's Allowance Benefit
*Stamped / Headered Bank Statement / Letter Confirming At Least One Payment of Carer's Allowance into Sponsor's Bank Account
*Breakdown of Net Income from Benefits
*DWP Letters of Confirmation of Other Benefits (Income Support, Housing Benefit, etc)

ACCOMODATION
-
*Letter from Letting Agency on Behalf of Landlord
*Tenancy Agreement
*Certified Proofs of Address (electricity bill / water bill / NHS Wales letter / SW Police letter / Local Council letter / HMRC letter / SIA letter)


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## Husband & Wife (Jun 27, 2013)

If, for example, I wanted to start work after my wife came, could I do that straight away... not being eligible for benefits and paying my own way? How soon?


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## Joppa (Sep 7, 2009)

Husband & Wife said:


> If, for example, I wanted to start work after my wife came, could I do that straight away... not being eligible for benefits and paying my own way? How soon?


Of course, as British citizen. Your wife can work too .


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## Husband & Wife (Jun 27, 2013)

But she can't claim benefits?


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## Joppa (Sep 7, 2009)

No. No recourse to public funds until ILR in 5 years. But you can, and you only need to declare your partner is subject to immigration control (on most forms you have to tick relevant boxes). She can claim certain contributory benefits and allowances like contribution-based JSA, statutory maternity pay etc.
http://www.ukba.homeoffice.gov.uk/v...-in-uk/rightsandresponsibilities/publicfunds/


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## Husband & Wife (Jun 27, 2013)

Would she be entitled to NHS services?


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## Husband & Wife (Jun 27, 2013)

Would I be able to bring my wife the way we are discussing even if she was pregnant or had a child already?


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## Joppa (Sep 7, 2009)

Yes, at the moment. Government is planning to charge for migrants until they get ILR.


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## Husband & Wife (Jun 27, 2013)

Ok, so I assume that reply's for the NHS question. Thank you Joppa.

What about the second question please?

...and a further question: what courses of training or education would my wife be eligible for? ...and could she claim for these?

Sincerely


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## Joppa (Sep 7, 2009)

You do bombard with questions! Have you done a search?
Any child will be dual British citizen ordinarily resident in UK so fully covered.
Her pregnancy will be covered once she gets her visa.
She can enrol on any course she likes and is qualified for, though she may have to pay course/tuition fees depending on the course and training provider. Ask the college she hopes to attend. For a degree course, she will be subject to international student fees of around £10,000 to £18,000 a year, and no grant, loan or bursary, though some unis give small grants for overseas students.


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## Husband & Wife (Jun 27, 2013)

Sorry

I just read in another post, dated 18th January 2013, that you said Income Support can't be used to meet the maintenance requirement. Is this still true?

http://www.expatforum.com/expats/br...956-carers-allowance-plus-income-support.html


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## Joppa (Sep 7, 2009)

They changed the rules since. Will you stop for a while?


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## Husband & Wife (Jun 27, 2013)

And the change in rules means that it can be counted?

Stop what for a while?


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## Joppa (Sep 7, 2009)

Yes, and asking so many questions! It's not fair on other forum users.


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## Husband & Wife (Jun 27, 2013)

Thank you

I'm sorry for taking away your time from others who also need your help. I'll do my best to find what I need to know independently, but if I'm not able to find clear answers to my questions then I'll need to ask. Please answer them when you have the time.

ps: please don't ban me 

Sincerely


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## Husband & Wife (Jun 27, 2013)

Benefit and Tax Credit Rates


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## Joppa (Sep 7, 2009)

OK fine. Please don't be offended but I have a dozen other messages to answer!


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## Husband & Wife (Jun 27, 2013)

Yes, please answer when you have the time.


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## Husband & Wife (Jun 27, 2013)

I just read at this link... UK Border Agency | Public funds ...Employment Support Allowance is not listed.

I am receiving ESA and just received a phone call from the benefits agency to say that I can claim ESA and Carer's Allowance and that I would be financially better off than if I was claiming ESA and Income Support.

My query is if ESA will count toward the maintenance requirement alongside CA...???

Thanks
sincerely

Please provide links if possible


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## Husband & Wife (Jun 27, 2013)

Link: http://www.ind.homeoffice.gov.uk/si.../cross-cut/public-funds/funds.pdf?view=Binary

ESA is not listed under benefits that count as public funds or benefits that do count as public funds...?


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## Husband & Wife (Jun 27, 2013)

Hi Joppa



Joppa said:


> "No, because the British partner is entitled to them, provided DWP has been notified that they are now living with their partner who themselves cannot access public funds.


Do I need to notify DWP of this before or after my wife comes?


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## Joppa (Sep 7, 2009)

Only after your wife arrives in UK, and you are currently receiving the benefit, or next time you apply for it.


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## Husband & Wife (Jun 27, 2013)

Thanks!


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