# Spouse Visa Financial Requirements if UK Spouse is on DLA or other benefits



## annem84

Hello

I am looking for some advice please.
I recently married my partner of 6 years who is Kurdish/Turkish living in Istanbul. I am a UK citizen. 
Unfortunately I am sick and my partner got a visit visa under compassionate grounds to come to see me in UK but now we are applying for a spouse visa from Turkey for him to come live with me in the UK as we are married
I understand that in the UK the partner of the person coming into the UK i.e. me has to earn 18,600 british pounds per year but I am sick right now and have been signed off work long term as I am not able to work. I do not have any savings. My employer is not paying me so I am receiving benefits and I live in a house which is paid for by the council. I hope to be able to work again one day but my hospital treatment is scheduled for 1 more year.
I have read that there is an exception to the rule of the spouse earning £18,600 if they are on DLA Benefit which I am as I am not able to walk much and I need to be looked after. I dont know what I have to earn each week for to be able to be afford for him to come over. He will get a job right away in his brothers business so at least we know he has a job to come to but who can tell me what I need to earn each week from my benefits for us to be successful with our application. Do the UK Border Agency take both my DLA Benefit and Employment Support Allowance into consideration and that is my earnings? I find it very difficult to understand and I can not bear the thought of living without my husband. I would love to work again right now but just simply can not as I am simply too unwell.
I would be very grateful if you could help and tell me how much income I need to have coming in per week and if the benefits I get will cover this or where I can find this information? As I mentioned before I have had a look on the UKBA site but I find it too complicated and it does not give a figure of what I need to have per week for us to survive on and as I get rent council tax paid for me that will change when he comes too, its all so complicated for me right now to deal with but I need to get this done so that we are not apart any longer.
Thanks for reading.


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## Joppa

Yes, you are exempt from financial requirement and only need to meet the criteria for adequate maintenance.
Read http://www.ukba.homeoffice.gov.uk/s...w/IDIs/chp8-annex/maintenance.pdf?view=Binary
You need £111.45 per week left over after housing, and if it's all paid for, then you only need to have that much coming in every week. DLA will count but not ESA, housing benefit, income support etc.


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## annem84

Dear Joppa, Thank you so much for your very prompt reply.
I get my housing paid for me.
I get £42 pounds DLA per week.
I get £120 pounds ESA each week but that will not be classed as income so my only income is £42 pounds per week? Is that correct? Does that mean I dont earn enough for my partner to come to the UK?
Does it mean that the UKBA only see me as earning £42 pounds per week which is my DLA money and not £42 DLA + £120 ESA which is £162 in total?
I do not understand what I would need to do for him to be able to come here then as I am not allowed to work as per my doctor, my employer will not pay me anything and will not let me work as per my doctor.


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## Joppa

I think you can add up all your benefits for meeting the maintenance requirement. There have been some recent changes in the rules, making it clear what can and what cannot count. http://www.ukba.homeoffice.gov.uk/s...w/IDIs/chp8-annex/maintenance.pdf?view=Binary spells it out.


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## annem84

thanks again, this is simply what I dont understand.
it says that dla can be counted but im not sure esa is counted. I will just need to keep studying it


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## 2farapart

Item 5(a) of the attachment Joppa has offered as a link now states:


> Income from benefits can be included as income.


This is a new addition. I was studying the maintenance requirement earlier in the month for another applicant and, at that stage, this wasn't mentioned - so it does indeed look like new wording in this February revision. UKBA always mentions any exclusions where necessary. As there are no exclusions here, it reads to me now as 'ALL benefits'.


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## annem84

thank you very much.
so this would mean my ESA is allowed to be included in my income?
do the UKBA change the financial binary on a regular basis?
who would I work out and show to the UKBA to show our housing situation when he comes as I am getting my housing paid for me but when he comes he is not allowed to rely on benefits so we would need to pay some rent/council tax?
do you understand where I am coming from?
thanks again.


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## 2farapart

Yes, it could mean that your ESA is counted (as far as we can tell from the new wording). We don't know for sure because we're not UKBA, but it looks like ESA will be counted too.

You don't need to worry now about what your husband will pay once he is here. You just need to prove what you receive now (so supply all letters confirming your benefits entitlement and 6 months bank statements).

Once your husband is in the UK you will need to contact the council and DWP to rearrange what benefits you can continue to claim (mention that your husband is an overseas citizen who cannot claim benefits and they should be able to calculate your entitlement correctly), but you don't need to do this until he's here.


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## annem84

Thank you again.
I would need to know for sure before I apply as we do not want to apply and find out that this is not correct and be rejected and then lose £900.00.
It confuses me because it says on IMMIGRATION DIRECTORATE INSTRUCTIONS dated December 2012 Annex FM Section FM 1.7 which is on the UKBA site just now:

3.6. Meeting the financial requirement through “adequate maintenance”
3.6.1.
Where the applicant’s partner is in receipt of Carer’s Allowance or any of the following disability-related benefits 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.
Disability Living Allowance.
Severe Disablement Allowance.
Industrial Injuries Disablement Benefit.
Attendance Allowance.
http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary

maybe I should go and see an immigration advisor, they would probably know wouldnt they?


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## dref

In 2011 i was on incapacity benefits and i applied for my wifes visa, she was given a visa.

To make your case stronger you need a letter from your brother in law of an offer of a job for your husband. Also a letter of support when your husband arrives in the UK and your brother in law proof of income for one year, because he has his own business. 

You need a letter from your gp explaining about your illness and send in all your benefit payment letters.

You need to speak to 4 or 5 immigration advisers to get a clear view.

When i applied for my wife i spoke to about 10 solicitors everyone told me different things, some of them said i had no chance because i was not working.


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## nyclon

dref said:


> In 2011 i was on incapacity benefits and i applied for my wifes visa, she was given a visa.
> 
> To make your case stronger you need a letter from your brother in law of an offer of a job for your husband. Also a letter of support when your husband arrives in the UK and your brother in law proof of income for one year, because he has his own business.
> 
> You need a letter from your gp explaining about your illness and send in all your benefit payment letters.
> 
> You need to speak to 4 or 5 immigration advisers to get a clear view.
> 
> When i applied for my wife i spoke to about 10 solicitors everyone told me different things, some of them said i had no chance because i was not working.



The rules changed drastically in July 2012 so you can't compare your situation to the OP.


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## 2farapart

annem84 said:


> Thank you again.
> I would need to know for sure before I apply as we do not want to apply and find out that this is not correct and be rejected and then lose £900.00.
> It confuses me because it says on IMMIGRATION DIRECTORATE INSTRUCTIONS dated December 2012 Annex FM Section FM 1.7 which is on the UKBA site just now:
> 
> 3.6. Meeting the financial requirement through “adequate maintenance”
> 3.6.1.
> Where the applicant’s partner is in receipt of Carer’s Allowance or any of the following disability-related benefits 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.
> Disability Living Allowance.
> Severe Disablement Allowance.
> Industrial Injuries Disablement Benefit.
> Attendance Allowance.
> http://www.ukba.homeoffice.gov.uk/s...DIs/chp8-annex/section-FM-1.7.pdf?view=Binary
> 
> maybe I should go and see an immigration advisor, they would probably know wouldnt they?


The link Joppa has given you is a further annex to the link you found: *IMMIGRATION DIRECTORATE INSTRUCTIONS 1.7a*. It's an annex to set out the full definition of "adequate maintenance" (which they don't describe fully in the main body of FM 1.7) and this annex is dated February 2013.

All we can tell you is that it now says in this annex: _"Income from benefits can be included as income"._ To us, that suggests UKBA will now count all benefits (if not all benefits are included, UKBA usually names those that cannot be counted). I don't know whether immigration advisors receive any more detailed information than that, so I don't know whether they can advise further.

Right now, the rules and guidance is changing continually and this is why we cannot be more definite than we are being at the moment (all we can do is make observations based on each new application whenever people post back results). There were major changes to the rules back in July 2012, and UKBA are still amending the rules as and when they encounter unclear areas in the new policy. The amendment to the above-mentioned annex is one of their latest updates and so we've yet to see someone in receipt of full benefits going through the process.


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## dref

nyclon said:


> The rules changed drastically in July 2012 so you can't compare your situation to the OP.


Yes i know rules have changed i was advised by my solicitor some of the above things i wrote and they worked for me.
You will find when she sees her immigration adviser he will probably give her similar advice. 
Somebody already said in the above post 18600 income doesn't apply to her case.


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## annem84

Thank you very much for your replies.
It states that if you are receiving DLA which I am then you do not need to meet the £18,600 income rule. If I was well enough to work then I could be earning this but sadly I am not.
What I don't understand is because I am receiving DLA does my income of Employment and Support Allowance also come into it which means I am earning over £111.45 pounds and means I qualify to be able to get my husband into the UK.
Can I ask a few questions please and those who know them could help me please,
1. The annex that JOPPA gave me IMMIGRATION DIRECTORATE INSTRUCTIONS 1.7a. dated February 2013 - do I go by this one and not the one I quoted which is also on the UKBA site, why does it have one saying one thing dated December 2012 and then one saying something else dated February 2013? Sorry if I sound stupid, my illness is also keeping me from thinking as good as I should.

2. At the moment I get my housing paid for me so when my partner comes we will need to tell the relevent authorities that he is here and the benefits I get for the property we will be living in will change which I understand but I was under the impression I had to get something from the council/landlord to say it was ok for my partner to live there and that there was enough room for him etc, do we not need to show the UKBA that when he comes we will be able to afford the extra rent council tax? 2FARAPART said that I did not have to worry just now about what will happen when my husband is here, just now I just need to show the UKBA what I get and then we sort it out when he gets here so is it enough to get a letter from landlord/council saying that he will be living with me and that there is room for both of us?

3. Do I need 111.45 left per week after all bills have been paid? i.e. electricity, gas, tv license, mobile phone, internet, food? Or how does it work? 

4. How long should my partner have on his Turkish Passport, at the moment he has a 2 year passport, is this long enough or will we need to get him a 5 year or 10 year passport?

5. If I go and see an immigration advisor/lawyer will I need to pay for it?

I just want to thank you all for reading this and for helping me by giving me any advice you can, I really need it and do not have anyone else who can help me. My partner is Turkish and his English is not great or he would be asking too!


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## 2farapart

annem84 said:


> 1. The annex that JOPPA gave me IMMIGRATION DIRECTORATE INSTRUCTIONS 1.7a. dated February 2013 - do I go by this one and not the one I quoted which is also on the UKBA site, why does it have one saying one thing dated December 2012 and then one saying something else dated February 2013? Sorry if I sound stupid, my illness is also keeping me from thinking as good as I should.


You don't sound stupid at all. The rules are confusing, and checking them over is a lot smarter than applying blindly.

The only section of the FM 1.7 link you found that applies to you is 3.6 on pages 10 and 11 (because, as you receive DLA, you are exempt from the rest of it). The trouble is: these two pages don't explain what UKBA actually means by 'adequate maintenance' so they wrote the addendum 1.7a (the February-updated document that Joppa linked you to) to explain it properly - so both documents are current but the February document is the most explanatory (and most current).



> 2. At the moment I get my housing paid for me so when my partner comes we will need to tell the relevent authorities that he is here and the benefits I get for the property we will be living in will change which I understand but I was under the impression I had to get something from the council/landlord to say it was ok for my partner to live there and that there was enough room for him etc, do we not need to show the UKBA that when he comes we will be able to afford the extra rent council tax? 2FARAPART said that I did not have to worry just now about what will happen when my husband is here, just now I just need to show the UKBA what I get and then we sort it out when he gets here so is it enough to get a letter from landlord/council saying that he will be living with me and that there is room for both of us?


A letter from council permitting your partner to live with you will be an advantage. What will happen in the future has too many vague aspects to it (responsibility for rent/council tax will change, but so too will the fact that your income might change because your partner will legally be able to work once he has his visa, so UKBA is going to look more at known facts (ie your position NOW).



> 3. Do I need 111.45 left per week after all bills have been paid? i.e. electricity, gas, tv license, mobile phone, internet, food? Or how does it work?


The only expenses you need to take out of your income is your rent and council tax (not other bills). If these are currently paid for you, there's nothing to deduct. 



> 4. How long should my partner have on his Turkish Passport, at the moment he has a 2 year passport, is this long enough or will we need to get him a 5 year or 10 year passport?


I'm not sure on this but my guess is that it doesn't matter, that your partner can apply from within the UK once his passport is due for renewal, and then he just carries both with him (only his old passport will show the visa). Joppa might offer definite advice on this though.



> 5. If I go and see an immigration advisor/lawyer will I need to pay for it?


Not sure on that. You'd need to enquire about it. However, if you do opt to use an Immigration Advisor, make sure they're OISC registered (there are plenty of 'experts' out there charging a lot of money for inaccurate advice).


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## annem84

Dear 2farapart, your message was very very helpfull, thanks a lot. It has helped me to understand more.

Joppa - do you know if there is any minimum length of time that should be on the passport of the person applying for the spouse visa? If my partner has a 2 year passport right now and if we apply then wait for an answer the passport will only have 1 year and 7 months left on it. Is this sufficient? Would they refuse the application because the passport does not have 2 years left on it?


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## Joppa

No. Shortly before your current passport expires, you get a new one and carry both passports for travel. 1 year 7 months is more than sufficient.


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## Exempt

SPOUSE VISA REFUSED : 
CAN ANYONE GIVE ME ADVICE. 
I NOW have a job for 5 hours a week earning £150 approx per month which started a week ago. 
My DLA is £392.00 per month with savings of approx £4000. 
Rent is free provided by my parents. 
And I am pregnant and due in 11 weeks time. 
Could I appeal with my new job as I think I am short of only £90.95 per month from the Income Support Rate ?????? 
Would a letter suffice from employer for lodging appeal ?????

I would appreciate any feedback or advice. 

REASON GIVEN BELOW AS WORDED ON REFUSAL OF ENTRY CLEARANCE : 

Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA. 
In order to meet requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds. 
I note that your sponsor is in receipt of £392.00 per month benefits. 
I am not able to take into account any potential employment you have available to you in the UK or any offers of of financial support from third parties. 
You propose to live with your sponsor at her parents' home and you provide evidence that they own a property in the UK. 
However the Income Support for a family with no children is £482.95 per month excluding rent. 
Therefore your sponsor's income does not meet the Income Support rate. 
I am not satisfied that you and your sponsor are able to maintain yourselves and any dependents adequately in the UK without recourse to public funds. 
I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. ( E-ECP.3.3 (b)).


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## nyclon

Exempt said:


> SPOUSE VISA REFUSED :
> CAN ANYONE GIVE ME ADVICE.
> I NOW have a job for 5 hours a week earning £150 approx per month which started a week ago.
> My DLA is £392.00 per month with savings of approx £4000.
> Rent is free provided by my parents.
> And I am pregnant and due in 11 weeks time.
> Could I appeal with my new job as I think I am short of only £90.95 per month from the Income Support Rate ??????
> Would a letter suffice from employer for lodging appeal ?????
> 
> I would appreciate any feedback or advice.
> 
> REASON GIVEN BELOW AS WORDED ON REFUSAL OF ENTRY CLEARANCE :
> 
> Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
> In order to meet requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
> I note that your sponsor is in receipt of £392.00 per month benefits.
> I am not able to take into account any potential employment you have available to you in the UK or any offers of of financial support from third parties.
> You propose to live with your sponsor at her parents' home and you provide evidence that they own a property in the UK.
> However the Income Support for a family with no children is £482.95 per month excluding rent.
> Therefore your sponsor's income does not meet the Income Support rate.
> I am not satisfied that you and your sponsor are able to maintain yourselves and any dependents adequately in the UK without recourse to public funds.
> I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. ( E-ECP.3.3 (b)).



If you didn't have the job at the time of application then it is new evidence. You can't provide new information in an appeal.


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## Leanna

Exempt said:


> SPOUSE VISA REFUSED :
> CAN ANYONE GIVE ME ADVICE.
> I NOW have a job for 5 hours a week earning £150 approx per month which started a week ago.
> My DLA is £392.00 per month with savings of approx £4000.
> Rent is free provided by my parents.
> And I am pregnant and due in 11 weeks time.
> Could I appeal with my new job as I think I am short of only £90.95 per month from the Income Support Rate ??????
> Would a letter suffice from employer for lodging appeal ?????
> 
> I would appreciate any feedback or advice.
> 
> REASON GIVEN BELOW AS WORDED ON REFUSAL OF ENTRY CLEARANCE :
> 
> Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
> In order to meet requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
> I note that your sponsor is in receipt of £392.00 per month benefits.
> I am not able to take into account any potential employment you have available to you in the UK or any offers of of financial support from third parties.
> You propose to live with your sponsor at her parents' home and you provide evidence that they own a property in the UK.
> However the Income Support for a family with no children is £482.95 per month excluding rent.
> Therefore your sponsor's income does not meet the Income Support rate.
> I am not satisfied that you and your sponsor are able to maintain yourselves and any dependents adequately in the UK without recourse to public funds.
> I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. ( E-ECP.3.3 (b)).


No. You cannot provide any new information in an appeal. An appeal is only if you feel that the ECO made an incorrect decision in your application. So a new job is irrelevant to your appeal. 

Seeing as you did not earn the required amount for income support for your application, the ECO was correct in their refusal. 

As stated in your refusal letter, the minimum amount your need to have monthly is £482.95. If you, with your new job, area earning this amount now, you can re-apply. However, at the beginning you state that you are still short £90, if this is the case any new application will fail. UKBA have NO wiggle room on the financial requirements, so you need to find a way to earn that minimum amount before bothering to apply again. Good luck.


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## annem84

Leanna said:


> No. You cannot provide any new information in an appeal. An appeal is only if you feel that the ECO made an incorrect decision in your application. So a new job is irrelevant to your appeal.
> 
> Seeing as you did not earn the required amount for income support for your application, the ECO was correct in their refusal.
> 
> As stated in your refusal letter, the minimum amount your need to have monthly is £482.95. If you, with your new job, area earning this amount now, you can re-apply. However, at the beginning you state that you are still short £90, if this is the case any new application will fail. UKBA have NO wiggle room on the financial requirements, so you need to find a way to earn that minimum amount before bothering to apply again. Good luck.


should this not be a new topic?


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## Exempt

*DLA Spouse Visa Exemption Refusal Query*



Leanna said:


> No. You cannot provide any new information in an appeal. An appeal is only if you feel that the ECO made an incorrect decision in your application. So a new job is irrelevant to your appeal.
> 
> Seeing as you did not earn the required amount for income support for your application, the ECO was correct in their refusal.
> 
> As stated in your refusal letter, the minimum amount your need to have monthly is £482.95. If you, with your new job, area earning this amount now, you can re-apply. However, at the beginning you state that you are still short £90, if this is the case any new application will fail. UKBA have NO wiggle room on the financial requirements, so you need to find a way to earn that minimum amount before bothering to apply again. Good luck.


Could you please let me know if my DLA income of £392 will go towards the required amount of £482.95 per month ?
When I applied my only income was £392 for DLA.
So I am/was thinking 482.95 Minus 392 = £90.95 SHORTFALL
I am now employed and will be getting approx £150 per month for my job combined with my DLA(if allowed by the rules)
I would be getting £542 approx per month.
So if I met the Income Support Level ( please advise me if dla is allowed to be counted)
and if so How many wage slips would I need to re-apply spouse visa ? or would a letter suffice from my employer regarding new employment to submit a fresh application ??
Your time and help is very much appreciated.


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## Joppa

Exempt said:


> Could you please let me know if my DLA income of £392 will go towards the required amount of £482.95 per month ?
> When I applied my only income was £392 for DLA.
> So I am/was thinking 482.95 Minus 392 = £90.95 SHORTFALL
> I am now employed and will be getting approx £150 per month for my job combined with my DLA(if allowed by the rules)
> I would be getting £542 approx per month.
> So if I met the Income Support Level ( please advise me if dla is allowed to be counted)
> and if so How many wage slips would I need to re-apply spouse visa ? or would a letter suffice from my employer regarding new employment to submit a fresh application ??
> Your time and help is very much appreciated.


We don't know. Ask a registered advisor.


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## annem84

Hello
I have not been online for a while as I have been sick.
My husband and I have not applied for our spouse visa yet but we plan to very soon, within the next few weeks.
I was wondering if anyone knows if anything has changed? I am still on employment and support allowance, I am also on low rate dla care and mobility.
I get my rent and council tax paid fully for me so my only out goings are electric, gas, tv license, phone bill etc.
I forgot what was said before. Do they want you to have a certain amount left after you have paid all your bills or do the bills not come into it?
Also someone told my husband that they know someone who was in the UK on a visit visa and his baby became sick and he was able to apply for a spouse visa from this country, I said to my husband that I did not think it was true but what if I am very sick and I need to be in the UK for treatment and my husband is away in Turkey for 12 weeks waiting on a visa decision and I need him to be here with me to support me as I am receiving treatment for a serious illness.
Does anyone know if there is anything we can do?
I can't bear the thought of him going to Turkey to apply while I live here trying to cope on my own, I do not know how I will do it.

Thank you for reading. x


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## AmyD

He must go to Turkey to apply. Period. There is no way around it.


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## Joppa

Prior to last July's rules change, there have been cases of people being allowed to switch in-country for a longer visa or settlement leave under humanitarian considerations, but I haven't heard of it much recently. UKBA and the government are clamping down on people appealing on human rights grounds to circumvent immigration rules or getting preferential treatment, so don't expect much, or any, sympathy. They will probably say you have other members of your family to provide care, and having your husband in UK isn't absolutely necessary. You may prefer, but it's not essential.


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## annem84

AmyD said:


> He must go to Turkey to apply. Period. There is no way around it.


This is what I thought too but he spoke to someone who applied from UK and got it due to their baby being sick.
I have a very serious illness and receiving further treatment.
Never thought anything like this would happen to me, I have worked all my life and suddenly my life has fallen apart, I have no job, need to rely on benefits and am very ill, I am very afraid that I may die.


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## annem84

Joppa said:


> Prior to last July's rules change, there have been cases of people being allowed to switch in-country for a longer visa or settlement leave under humanitarian considerations, but I haven't heard of it much recently. UKBA and the government are clamping down on people appealing on human rights grounds to circumvent immigration rules or getting preferential treatment, so don't expect much, or any, sympathy. They will probably say you have other members of your family to provide care, and having your husband in UK isn't absolutely necessary. You may prefer, but it's not essential.


The reason I wanted to check is because my husband was told that someone in the uk on a visit visa got to apply for settlement from uk because of their sick baby.

I only have my husband looking after me. My relationship with my family has broken down as they are unable to cope with what has happened to me at such a young age.
I had it all and now my world has fallen apart, I have worked all my life but now need to rely on benefits to get by, I am at hospital most week days and the only thing keeping me going is my husband and his support.

I have hospital letters, doctors letters to back this all up.

Do you know if anything has changed re the financial requirements?

I am getting employment and support allowance and low rate dla which they say should now be higher as I have just had my 3rd operation to remove cancer tumour number 15 and it has left my arm paralyzed. I get full rent and council tax paid for me so should we meet the financial criteria?

He has a job offer to come to, he is obviously not working just now on a visit visa but has met another person from his home city who also lives in uk who will give him a job, will that go in our favour?

I am so down, I do not know where to turn, I just need any advice possible.

Thank you to you both for reading my posts and answering my questions.


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## Joppa

I suggest you speak to a professional advisor to guide you, as it's a complicated case and relying on UKBA's discretion. 
Best of luck.


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## annem84

Joppa said:


> I suggest you speak to a professional advisor to guide you, as it's a complicated case and relying on UKBA's discretion.
> Best of luck.


Thank you Joppa.
I just spoke to an immigration lawyer, there is
an application for an extension of stay in the uk as the partner of a person present and settled in the uk or as a partner of person with refugee leave or humanitarian protection.
The immigration lawyer said we could apply this way and we would probably get it but I need to meet face to face with them first.

Thanks again


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## Joppa

Ask for their track record of success in similar cases. If they can't show it to your satisfaction, go elsewhere.


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## annem84

Joppa said:


> Ask for their track record of success in similar cases. If they can't show it to your satisfaction, go elsewhere.


The gentlemen I spoke to is the head of immigration at a law firm and he dealt with over 170 immigration cases last year. He says he thinks we have a very good chance.


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## annem84

AmyD said:


> He must go to Turkey to apply. Period. There is no way around it.


Hi AmyD thanks for your reply but I spoke to a top immigration lawyer who has been in the business for years. He told me that there is a good chance my partner can get his visa from UK. Its at the discretion of the UK Border Agency and we have good evidence and proof.
I am a little confused why you said he must go to Turkey period, there is no way around it and this immigration lawyer had told me the exact opposite!


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## humza7

*Spouse Visa Appeal*

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. 

The additional letters which I am submitting for appeal are ESA and DLA letters, tenancy agreement, letter from Landlord stating that my wife is a permitted occupier, letter from social worker, detailing number of times that I have been hospitalised, hospital discharge letter. (I was in hospital from Feb 13 - Apr 13), my parents payslips, my and my parents recent bank statements. (My wife originally had money in her bank account, however her father has spent it on his son's education. However my parents have stated that my wife will be our responsibility when she is here and not her parents responsibility.) 

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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## mum2monsters

Sorry to jump on someone else's post. But can I use working and child tax credit as parto n income? And child benefi?


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## nyclon

mum2monsters said:


> Sorry to jump on someone else's post. But can I use working and child tax credit as parto n income? And child benefi?


No.


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## Joppa

Only if the applicant is exempt from financial requirement because the UK sponsor is on certain disability benefit(s).


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## yazzer786

hi joppa just wanted to ask you do you need third party if im not working and calling my wife over im on dla and esa.


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## nyclon

3rd party support is not allowed. You need to have £112.55 left over each week after paying rent and council tax.


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## yazzer786

awwwww ok nyclon thank you i was just asking i was just stressed because ive got money left over every week more than 112 pounds. so is this a new law. Because my sister needed a third part 8 years because she couldnt work


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## yazzer786

8 years ago


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## nyclon

yazzer786 said:


> awwwww ok nyclon thank you i was just asking i was just stressed because ive got money left over every week more than 112 pounds. so is this a new law. Because my sister needed a third part 8 years because she couldnt work


3rd party support has not been allowed since the rules changed in July 2012.


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## yazzer786

Thank god it has. i just think it was soo complicated back then but now its getting easy for people with disabiltys to get there loved once over. 

Do you know anyone who has had a visa granted if there spouse is on benifits. any success stories you know of home office are very tight on people


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## zoray

Adequate maintenance . The current amount for a couple is £112.55 a week ,this is after housing costs have been deducted, if you have children then it is more.
This of course only applies if you are except from the financial requirement.


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## zoray

I thought the minimum was £112.55 a week at the moment. Making a monthly total of £450.20.
According to the above its £120.74(ish) a week. 
Could someone please clarify as to how eco's work out the adequate maintenance amount.
As i thought it was based on the income support rule.


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## Joppa

Your calculation is wrong. There are 4 or 5 weeks in a month, so you must multiply the weekly amount by 52 and divide by 12, which gives you monthly amount of £487.72.

The weekly amount until 5th April 2014:
£112.55 for a couple.
Plus £64.99 per child and one-off family premium of £17.40.
So with one child it's £194.94, and with two children £259.93 and so on. 
If you are living with children, you have to add those amounts even if they are British or EEA citizens (which differs from financial requirement for those who aren't exempt).


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## zoray

Thank you for clearing that up.
If you are applying under exception rules is it advisable to make this clear in the cover letter?
Also if you are on d. l. a and e .s. a should you mention this also along with amounts you receive,
or will proof of documents suffice that are submitted with the application.
Which are award letters from DWP.


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## Joppa

Completing the application form correctly should give them the right information.
Attach a sheet listing all your sources of income, benefits, tax credits and allowances with amounts, tot them up, and then deduct housing costs (rent/mortgage and council tax). Work out what the required amount is, and compare the two.
It's a letter from DWP telling you how much you are getting in benefits.


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## yazzer786

hi joppa me again. how long do they take to reply if they granted a visa or not.


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## Joppa

Depending on where and how you apply.


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## yazzer786

*immigration*



Joppa said:


> No. Shortly before your current passport expires, you get a new one and carry both passports for travel. 1 year 7 months is more than sufficient.











Hi joppa forth week going when willl i hear from the home office about my wifes visa.

what do you say will my wife get visa if i meet all the financial requirments that i do.
Joppa i do have strong supporting letters from my doctor and local council ive been sending her letters shes been sending me them to you know proof of contacts and all other stuff so what do you say.


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## moe07

hello evryone 
i just wanted to know wat u mean by saying 111 pnd after housing cost ?
do u mean after paying rent?


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## moe07

i looked in ukba site and its say that ESA cannot be counted as income

4.2.1. Income from the following sources will not be counted towards the financial requirement:
 Any subsidy or financial support from a third party (other than child maintenance or alimony payments, academic maintenance grants/stipends or gifts of cash savings that meet the requirements specified in paragraph 1(b) of Appendix FM

 Income from others who live in the same household (except any dependent child of the applicant who has turned 18 and continues to be counted towards the higher income threshold the applicant has to meet until they qualify for settlement).
 Loans and credit facilities.
 Income-related benefits: Income Support, income-related Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and income-based Jobseeker‟s Allowance.
 The following contributory benefits: contribution-based Jobseeker‟s Allowance, contribution-based Employment and Support Allowance and Incapacity Benefit.
 Child Benefit.
 Working Tax Credit.
 Child Tax Credit.
 Any other source of income not specified in Appendix FM-SE as counting towards the


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## Joppa

moe 07

Are you exempt from financial requirement, i.e. your sponsor is on a disability-related benefit? Then you only need to meet the maintenance requirement. All income sources count, including benefits, and when taking away rent/mortgage and council tax, you have at least £112.55 left each week.


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## moe07

hello thanks for ur help
yes im on disability and ESA too i looked in ukba site and its say that ESA cannot be counted as income so only the DLA is counted as income


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## Joppa

Where does it say ESA doesn't count towards MAINTENANCE requirement? The guidance to maintenance is https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf, and it says benefits (with no further qualification) can be added to income.


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## moe07

4.2.1. Income from the following sources will not be counted towards the* financial requirement*:
 Any subsidy or financial support from a third party (other than child maintenance or alimony payments, academic maintenance grants/stipends or gifts of cash savings that meet the requirements specified in paragraph 1(b) of Appendix FM

 Income from others who live in the same household (except any dependent child of the applicant who has turned 18 and continues to be counted towards the higher income threshold the applicant has to meet until they qualify for settlement).
 Loans and credit facilities.
 Income-related benefits: Income Support, income-related Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and income-based Jobseeker‟s Allowance.
 The following contributory benefits: contribution-based Jobseeker‟s Allowance, contribution-based Employment and Support Allowance and Incapacity Benefit.
 Child Benefit.
 Working Tax Credit.
 Child Tax Credit.
 Any other source of income not specified in Appendix FM-SE as counting towards the


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## Joppa

It's FINANCIAL requirement that doesn't permit many types of benefits.. For maintenance requirement, which you are eligible for because of disability benefit, all benefit payments count. Read carefully!


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## moe07

ohh i understand now because im on DLA automaticly im exempt from financial requirement and all benifits can be counted as income .
sry im wrong that good news to me cause that means i meet the requirment.
i have :
377 pnd a month DLA 
480 pnd a month ESA
370 pnd a month from work 
and the house is owned so no rent
so this should be good rite?
thank you very much for ur help


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## yazzer786

hi joppa how do i track my wifes visa where do i find the tracking number and do you after put the passport number in too


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## fatine

hello,any success stories with spousal visa,sponsor on dla?!! Please update


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## fatine

Hello,I need some advice please,I will be applyin for a spouse visa in couple of weeks,my husband is in receipt of benefits: dla:100£ weekly
Esa:180.50£weekly
Hb:97£ weekly paid directly to the landlord
We both have savings,my husband has 10k in his account and I have about 20k in my moroccan bank account,we have gathered all the supporting documents but we are very worried and not sure abt our chances of getting a visa..can anyone give us any advice please..thank you


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## fatine

*uk spouse visa dla*

Joppa or anyone can u help please..


----------



## Joppa

Add up all your income (except housing benefit paid to landlord) and take away rent (nil if it's wholly covered by HB) and council tax (nil if it's completely covered by CT benefit). If you have £112.55 left over (rises to £113.70 on 6 April) each week, you meet the requirement.


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## fatine

Joppa said:


> Add up all your income (except housing benefit paid to landlord) and take away rent (nil if it's wholly covered by HB) and council tax (nil if it's completely covered by CT benefit). If you have £112.55 left over (rises to £113.70 on 6 April) each week, you meet the requirement.


Thank you very much Joppa,your answers are always helpful,the income left combined: dla and esa is 280weekly and my husband is able to save 160 weekly after payin all bills,so we do meet the requierements.. my husband has been on dla since 2007,does he need to get a medical report explainin why he can't work???? Thank u very much again


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## Joppa

Other expenditure or bills don't matter. You just need to meet the formula I've given.


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## fatine

Joppa said:


> Other expenditure or bills don't matter. You just need to meet the formula I've given.


Yes I understand this thank you,my question was: does my husband need to provide medical reports explaining why he is on dla? Your assistance is highly apreciated


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## Joppa

No. Just the award letter from DWP.


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## fatine

Thank you for your quick reply Joppa,its nice to be able to talk to someone who has good knowledge about immigration law...I have another question: before I got married I had applied for a visiting visa for the UK to visit my boyfriend who is now my husband and his family but the visa was refused due to lack of fianancial and social informations about my partner and I..now my question is :will this refusal impact negatively our spouse visa application?? Thank you very much again


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## Joppa

You have to disclose it and will be taken into account but provided you take responsibility for your actions and state you now wish to move on, it shouldn't fatally affect your application this time.


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## heidi123

Hi, im so pleased to have found this forum. 
i have an egyptian fiance and we are hoping to marry at the end of this year, i cant move to egypt as i have 4 young children and i take care of my grandmother (i claim carers allowance for her but i dont live with her) i also have a part time 16 hour job and can meet the requirement they say i need to have left over every week. if we marry in say october then how long are we looking to actually hear word back about a spouse visa? im assuming it should all be pretty straight forward, i claim housing and council tax benefit, child tax and working tax credit, i have £200 a month child maintenance payments and make around £100 a week from work. i have found him a job already here and have a letter stating there is work waiting here for him, i have numerous photos and flight tickets where i have visited him. the only thing i dont have is phone bills from my provider as we talk on something called viber (free calls and texts) are print off of these conversations ok? we dont have savings, will this be a problem? i have character references from friends and family and letters stating they all know how much in love we are. we have been together 6 months but dont want to marry till its been a year. is there certain time wev to be together before we can apply?


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## fatine

Joppa said:


> You have to disclose it and will be taken into account but provided you take responsibility for your actions and state you now wish to move on, it shouldn't fatally affect your application this time.


Hello again Joppa,all our documents are ready and ill be applying in the next week,is there any order how we should present the documents before submission ?also do we need to mention in the letter that we are applying under the financial exemption rules or as my husband is on benefit we will be automatically exempt?? Thank you


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## Joppa

Create two stacks, for originals and copies, and arrange documents in exactly the same order and hold them together with strings. 
No need to make a special mention, because answers you give will make your exemption clear.


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## fatine

Joppa said:


> Create two stacks, for originals and copies, and arrange documents in exactly the same order and hold them together with strings.
> No need to make a special mention, because answers you give will make your exemption clear.


Hello, I was reading one of your old posts and you mentioned that dla counts but not esa..do I understand that the ECO will only consider the dla as the only income and ignore the esa?? Because if this is the case then we wouldn't meet the financial requierements because my husband only gets 100£ weekly dla...I know that the rules are always changing and its a very stressful and frustrating time for us...


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## Joppa

If he gets DLA, then he is exempt from financial requirement and only needs to meet the maintenance requirement, which means from his total income including all benefits, after taking away rent or mortgage and council tax, he will be left with at least £112.55 a week before any other expenses and bills. It will be more if you have children.


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## fatine

Joppa said:


> If he gets DLA, then he is exempt from financial requirement and only needs to meet the maintenance requirement, which means from his total income including all benefits, after taking away rent or mortgage and council tax, he will be left with at least £112.55 a week before any other expenses and bills. It will be more if you have children.


Thank you,I feel better now  my husband has a child from previous relationship but his daughter doesn't live with him,she lives with her mother,will this increase the amount for the maintenanc requierement???


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## yazzer786

joppa how long do they take for an outcome its been 2 months now.


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## Joppa

1-3 months is average by postal application in UK.


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## suziechew

ok ,ive read all the posts on this thread and i have a question regarding the amount for children ,i have a teen and my fiance is bringing his teen with him so does this count as 2 children ?so i need £255 a week clear of mortgage and rates ,Or does only his child count ,as i was once corrected that my child dosent count as she is already a uk national , could someone please clarify this for me .Also on the form appendix 2 ,i am exempt under recieving P.I.P (the new DLA) but this forms asks how much i spend on upkeep of my daughter ? ive looked thru the guidelines and they are as clear as mud ,prolly a simple question im looking too much into ,the form is vaf 4a dec 2013 ,will prolly ask lots more questions later just working slowly thru it ,trying to get it straight in my head .many thx for any answers .


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## Joppa

Every child who lives with the couple counts regardless of nationality, so with two children you need 113.70 + 66.33 + 66.33 + 17.45 = £263.81 after housing and council tax.
Just put a rough figure you spend for your daughter.


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## yazzer786

what about overseas my wife is in pakistan


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## yazzer786

if all pappers are correct can they still refuse even with supporting letters


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## Joppa

yazzer786 said:


> what about overseas my wife is in pakistan


Yes, but with her visa granted, she will be moving to UK and live with you?



> if all papers are correct can they still refuse even with supporting letters


You need to meet all the requirements including genuine, sustained relationship.


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## yazzer786

i know my my relationship is real and meet all requirements if i didnt the solicitor should had told me. i know lot people where there spouses visa has been refused on little mistakes and on appeal they get visa why not give visa in first place instead of making them apeal. 

joppa why is it disable peoples visas get refused and on appeal they get visa i know 2 people they met requirements but stll refused and one has got visa on appeal and other is waiting it is tight on disabled people i think they try to earn money by refusing


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## Joppa

Because Home Office is under pressure to reduce immigration, and since they can't really touch EEA migrants, the focus is on non-EEA applicants to meet the target (net migration in tens of thousands, i.e. below 100,000 a year). Not every appeal wins of course, and some of those refused may not be determined enough to go through the appeal and see it to completion. 
This is a cynical view of what happens, but it's true that every case is examined in detail and application can be refused in the opinion of ECO and on the balance of probabilities.


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## aissabou

yazzer786 said:


> i know my my relationship is real and meet all requirements if i didnt the solicitor should had told me. i know lot people where there spouses visa has been refused on little mistakes and on appeal they get visa why not give visa in first place instead of making them apeal.
> 
> joppa why is it disable peoples visas get refused and on appeal they get visa i know 2 people they met requirements but stll refused and one has got visa on appeal and other is waiting it is tight on disabled people i think they try to earn money by refusing


can you show me your checklist?


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## yazzer786

ello wht you mean by check list


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## Joppa

List of documents submitted?


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## aissabou

yazzer786 said:


> ello wht you mean by check list


yes the documents list , you submited in your application.

which finance and languages, accomodation , relationship requirments .


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## yazzer786

aissabou said:


> yes the documents list , you submited in your application.
> 
> which finance and languages, accomodation , relationship requirments .


DLA papers for how much money am getting
employment and support allowance papers.
house deeds whos house is this
supporting doctars letter
bradford council letter of support
letters that me and her have been writing
phone records that we been intouch by phone

thats all really


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## yazzer786

bank statements too


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## yazzer786

i got all papers checked by solicitor


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## yazzer786

what papers have you gatherd up if yr case is like mine then you should get a docters letter


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## aissabou

yazzer786 said:


> what papers have you gatherd up if yr case is like mine then you should get a docters letter


this is my documents list : 
Applican't :

application form
appendix 2
passport
two photographs with my name bihand them
Introduction letter
birth certificate
holiday note from my employer
payslips for 3 months
clean police record
my civil engineering certificate
the language proofs : Toefl iBT score 15 listening and 19 speaking

Sponsor informations and finances:

sponsorship letter
birth certificate
certified copy of the passport
decree absolute confirming divorce
the carers allowance
my sponsor daughter disability allowance
bank statements for 3 months
housing rent benefist
council tax benefist

Accomodation:

letter from the landlord confirming that the property can be use by 4 persons
the tenace agreement
housing benefist
water bills
photos of the house

Relationshsip proofs:

40 photos with the friends and and family
plane tickets and hotels booking
tickets from places visited together
stamps from our passports
phone bills
skype and facebook conversations covering the period of our relationship
emails between us
letters
support letter from my sponsor sister

emails between my fianceé and the register office concerning the date of our wedding
reciets of wedding flowers and bouquets weddings and ring , from ebay
made hand bouquet pictures.

what do you think about it ?


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## yazzer786

yeah that all looks really good that all you are giving all evidence that you are intouch i know lot of people they get there visa but plz plz plz try to get pappers checked by an solicitor these days they refuse on little mistakes go to an immigration expert get your papers checked and then submit them. once they rufuse you after pay more money to submit you dont get your money back. but as i told you go to an immigration expert check and re check your paper work for spelling mistakes my cuzzins visa got refused because his name was spelled wrong on his water bill.


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## aissabou

yazzer786 said:


> yeah that all looks really good that all you are giving all evidence that you are intouch i know lot of people they get there visa but plz plz plz try to get pappers checked by an solicitor these days they refuse on little mistakes go to an immigration expert get your papers checked and then submit them. once they rufuse you after pay more money to submit you dont get your money back. but as i told you go to an immigration expert check and re check your paper work for spelling mistakes my cuzzins visa got refused because his name was spelled wrong on his water bill.


Thank you so much for the response. I am waiting my visa to be issued, I submited it in the 26/02/2014, I could not find an immigration expert, bur I tryied my best and collect the right papers based in THE EXPATFORUM, and also by reading the uk agency rules and laws. in the mean time, I am waiting the visa to be issued. I hope to get positive news.
Thank you again.


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## yazzer786

you will hopefully my wife submitted her papers on jan 28 2014 so just praying that they give her visa. do you know any simler cases where they have given visa first time.


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## aissabou

yazzer786 said:


> you will hopefully my wife submitted her papers on jan 28 2014 so just praying that they give her visa. do you know any simler cases where they have given visa first time.



i do know some applicant granted visas in the forum with same situation. 
where did your wife submited her application?


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## yazzer786

aissabou said:


> i do know some applicant granted visas in the forum with same situation.
> where did your wife submited her application?


My wife submited her case in pakistan. i just want her visa to be given and i can have a happy life with her you know there is no life without your love. are you tracking your application? it will take 3 months thats what i was told.


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## yazzer786

*immigration*



aissabou said:


> i do know some applicant granted visas in the forum with same situation.
> where did your wife submited her application?


My wife submited her case in pakistan. i just want her visa to be given and i can have a happy life with her you know there is no life without your love. are you tracking your application? it will take 3 months thats what i was told.


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## aissabou

i submit my application algeria, i am stock between worldbridge and teleperformance, i cant track my application anymore, i m waiting the uk agency to contact me when they issued it.
i understand you my friend, the waiting is soo hard, but we must be strong, good news will come inchalah.our lovers diserve it.


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## yazzer786

yeah i know its hard i just dont understand make it sooo hard if 2 humans want to spend there life together


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## Joppa

Yes, there are only two of you but government have to think in terms of tens and hundreds of thousands applying to live in UK, and their possible effect on UK society.


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## yazzer786

yep joppa your right but government cant touch the European people because the doors are open for them so what they doing is making it hard for non eea nationals. 

Joppa i cant track my wifes visa and any other person to do you know why is that?


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## yazzer786

i have just looked on another forum where they saying, they charging 4 pounds for 30 mins to ask for your visa application to be tracked now that is wrong.


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## aissabou

yazzer786 said:


> yep joppa your right but government cant touch the European people because the doors are open for them so what they doing is making it hard for non eea nationals.
> 
> Joppa i cant track my wifes visa and any other person to do you know why is that?


do not worry my friend , I am sure that everything will be fine in the end, just be strong, and remember that no one can stop love between humans, be confident and courage.


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## Joppa

There is no such thing as free lunch. There is a price for everything, and issuing visa is a business.
Nobody other than British and EEA citizen has the right to live in UK, and everyone else must apply for the government's permission called the visa to do so.


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## suziechew

yazzer786 said:


> DLA papers for how much money am getting
> employment and support allowance papers.
> house deeds whos house is this
> supporting doctars letter
> bradford council letter of support
> letters that me and her have been writing
> phone records that we been intouch by phone
> 
> thats all really


hello can i ask ,did u send a bank statement showing your DLA being paid in ?
i was informed that you had to show at least 1 recent bank statement with the DLA etc being show as paid in ,maybe i was wrongly informed of this and someone can shed light on it


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## suziechew

sorry i see that u did ..posts delayed on appearing ,so all out of context  just ignore me ,as i cant delete sorry all


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## moe07

hello evryone im litel confused about Financial Requirements if UK Spouse is on DLA or other benefits . 

my wife is exempt cause she on dla she gets 377 dla and 488 esa and she own the house. that means she gets about 216 pnd a week and from wat i understood all i need is to show is 113 pnd after housing and council tax . 
is this means i meet the requirments??
then i found these somewher:
in order to meet the requirements of these rules me and my sponser must be able to maintain and accomodate ourselves and any dependants adequately without recourse to public funds.
wat they mean by saying without recourse to public funds? is this means i dont meet the requirments because i cant use my wife esa and dla as income .


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## Joppa

You can satisfy the requirement about no recourse to public funds etc by meeting the maintenance requirement in your case, so £113.70 a week net after housing costs.


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## moe07

hi joppa thank u very much for ur help 
sry i still dont understand im confused u mean if my wife have 113.70 after housing cost i should be fine ?
the think im confused about is rules say i have to meet the maintance requirments without recourse to public and dla esa classed as public funds rite?
thanks


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## Joppa

Yes but you aren't claiming it but your UK spouse who is entitled to it. The only difference is under maintenance requirement, her benefit payments count. If you were under the financial requirement, then any benefit payments your sponsor receives such as income support wouldn't count as income.


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## moe07

ohh i see i understand now thank u very much joppa all clear now thanks


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## georges_post

Hi joppa im new here just a question, i recently lost my job as a self employed because i have a disk in my back and not able to work and have a sick not from my gp im getting income income support and i am waiting to do an opporation in my back and my wife is russian but she is here with tourist visa and i married her in london is it possible to get her a spouce visa as i need help ?
Many thanks


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## Joppa

I'm afraid not unless you are earning £18,600 a year or have savings of £62,500. And she has to go home first to apply. Your injury and operation play no part. Unless you are disabled and receive DLA etc, you aren't exempt from financial requirement. 
While with self-employment it's your last financial year that counts, you still have to be in work to qualify.


----------



## georges_post

Joppa said:


> I'm afraid not unless you are earning £18,600 a year or have savings of £62,500. And she has to go home first to apply. Your injury and operation play no part. Unless you are disabled and receive DLA etc, you aren't exempt from financial requirement.
> While with self-employment it's your last financial year that counts, you still have to be in work to qualify.


i have applied for DLA because im not able to work for minimum 1 year


----------



## yazzer786

joppa can you use ESA if you are exempt. my wife applied jan 28 2014


----------



## Joppa

Yes.


----------



## yazzer786

Joppa said:


> Yes.



Hi Joppa a friend of myn hes only got 2,000 pounds in savings but he meets the weekily amount of 114 pounds left over hes lives rent free would he have any problem because he still meets the 114 ponds end of week and 2 grand in account


----------



## yazzer786

He gets esa and DLA


----------



## MrsZee

*Spouse visa- receiving DLA for a child*

What if you are receiving disability allowance for your child?


----------



## iguanaking10

Hello,

I`m new to here, I`m stuck in the financial requirement. A quick question reg to 3.6. Meeting the financial requirement through
“adequate maintenance”. Can we use ESA? because I don't see ESA is being mention in the list, but I saw someone mention using ESA benefit in the forum ..

My partner is receiving ESA 110 per week which I think is not enough, can I use our join saving to add into the sum to meet the requirement? if so how much saving do I need? 

any help is appreciated.

Thank you in advance.


----------



## tintin1974

can anyone give me advice ,, i line in northern ireland ,, i met my girlfriend from phillipines on facebook 6 months ago ,, i have travelled to manila and stayed with her for 3 weeks , we have decided to get married and i am going to phillipines in june to arange all paperwork for marraige,, i will then travel again in september and get married ,,,, now im hoping to bring my new wife to uk to live with me ,, i recieve £444 per monh on dla and £170 per week on esa and get housing benefit of £70 so i pay £30 from my benefits for rent ,,, do i fit criteria to bring my wife to the uk can anyone tell me??


----------



## Joppa

Yes, you get over £342 per week in benefits and pay only £30 in rent, so your balance is a lot more than £113.70 required.


----------



## tintin1974

Will they question how long we know each other before we got married or anything?? Obviously my wife to be will not be entitled to benefits I wonder will it be ok her to live with me when I'm recieving housing benefit?


----------



## _shel

Yes she can live with you but obviously your benefits will be reassessed if she starts working or has any savings of her own. 

The length of time between metting and marriage is and is not important. If you can show it is still a genuine loving relationship you will be fine. If it looks like you met with and got married with no relationship it could look set up. 
Emails, skype, letters etc can all be used to show your relationship.


----------



## tintin1974

I'm recieving Dla and esa and get severe disability premium and live alone ,, will I loose any benefit when my non eu wife comes to live with me? Like my premiums?? As she will not be claiming benefits? Or can she claim carers allowance for me?? Thanks in advance?


----------



## Joppa

Not necessarily, but it depends on whether she gets a job and how much she earns. All your benefits will be reassessed when you inform DWP of your change of circumstances (living with your wife). Not informing them is a criminal offence. And no, she can't get carer's allowance as it counts as public fund.


----------



## tintin1974

She will not be working for first 6 months but I'm worried case I lose my premiums it's alot to lose if she not working ?


----------



## Joppa

If she isn't working, you shouldn't lose much if any, but much depends on your circumstances.


----------



## tintin1974

hi everyone jus we question ' I'm on Dla and exempt from financial requirements for non eu spiuse visa' can anyone tell me do I just have show letters from ssa and Dla proving my benefits or do I need show bank statements?


----------



## Caravankid

*Advice*

Hello just wondered if anyone can just fill the gaps i marry my thai fiance next yr, im in receipt of dla high rate getting around and care, around £550 month also receive tax credits eca and family alllowance for 1 child,, whats the chances of my new wife getting a settlement visa, in the uk.


----------



## Joppa

First, you need to meet maintenance requirement. With a child, you need to have left after paying rent/mortgage and council tax £199.20 per week. You can add up all your benefits, allowances, tax credits and any earned income. Secondly, you need evidence of suitable accommodation for the three of you. Lastly you need to convince them you have a genuine relationship. The last one is difficult, as third-world national often tries to use marriage of convenience to settle in UK.


----------



## Caravankid

I have a 3 bedroomed house, and a genuine relationship, getting married early next year, she has her own buissness in thailand, and is very independant,,, so how much do you need to like save a week £199.20


----------



## Joppa

It's difficult to use savings instead of income, as we don't have official guidance on how they convert savings into weekly income. We assume it may be on a similar basis to financial requirement, i.e. your savings must be sufficient to meet the weekly income for a period of 2.5 years, the length of your visa, which is £25,896. But don't take our word for it as we don't have any experience of successful application using savings.
Is part-time work an option if the amount you get is insufficient?


----------



## sameer007

Joppa said:


> It's difficult to use savings instead of income, as we don't have official guidance on how they convert savings into weekly income. We assume it may be on a similar basis to financial requirement, i.e. your savings must be sufficient to meet the weekly income for a period of 2.5 years, the length of your visa, which is £25,896. But don't take our word for it as we don't have any experience of successful application using savings.
> Is part-time work an option if the amount you get is insufficient?


joppa 
thanks for sharing your experience with us, my circumstance is very difficult i hope you will guide me well. my wife is on care allowance and disability allowance coz we have autistic child from previous marriage of her husband, i had applied in 2012 under old rules but refused due to financial requirements, now i am going to apply again but i am not sure how much pounds shall i show them as a saving amount in my account in pakistan? i am really confused about this question,i read on many sites some people says 16000 pounds enough for 6 months in the bank which is ok i will manage,but some people say 62300 pounds which is very difficult for me  therefore lots of confusion in my mind. i will wait for your answer thanks..


----------



## Joppa

We don't know. UKVI has never disclosed, to my knowledge, how savings can be used to meet the maintenance requirement. Dividing it by 130 (length of the visa) is just a speculation.


----------



## sameer007

thnx for reply me..i read tthis but still i am confuse that how much pounds should be in my acount coz a solicitor told me i must show saving amount 62300 pounds for 6 months and here something is different, give me some advice plz 
Appendix FM 1.7: Financial Requirement April 2015 
46 ....7.1. Category D: Cash savings – requirements, 
An amount based on the cash savings above £16,000 held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control can count towards the financial requirement where applicable. (£16,000 is the level of savings at which a person generally ceases to be eligible for income-related benefits). 
30-month period before the applicant will have to make a further application) to give the amount which can be used in meeting the financial requirement. The following equation is to be used: 
(x minus 16,000) divided by 2.5 = y 
Where x is the total amount of cash savings held by the applicant, their partner, or both jointly for at least the 6 months prior to the date of application and under their control. 
And y is the amount which can be used towards the financial requirement. 
7.2.3. At the indefinite leave to remain stage, the whole of the amount above £16,000 can be used. And the following equation is to be used: 
(x minus 16,000) = y


----------



## Joppa

That's for financial requirement (annual income of £18,600 or £62,500 in savings), but you are applying under the maintenance rule and there is much less guidance on it.


----------



## sameer007

you are right there is less guidance on it, if you get any information about it kindly must share with us thnx. i can manage 20,000 pounds but still im worried


----------



## jewel

Hi,

I want to extension my settlement visa on February 2016

Few key points still I am confused,I hope someone will come forward 

and give me some sincere advise. 

My wife is on DLA and she is not having anything rather than DLA, which is £400

Her ESA has been cut as I am working in full time, I am earning £1150 per month.

we have 1 child and we are living with parents(4 bed rooms house) so we don't need to pay the 

rent.

In conclusion our total income is £1550 per month.

My question is 

i) Will our financial matter will be accepted as our together income ?

ii)If counted as together then are we fulfilling the requirements?


Many Thanks
Jewel


----------



## Joppa

You need £199.20 per week left after paying rent and council tax. If you have combined monthly income of £1,550, you comfortably meet the maintenance requirement.


----------



## jewel

Thanks Joppa,

I am very much appreciate your respond.


----------



## Freetofly

We went and talked with the housing counsel to find out what paperwork is needed when I obtain a spouse visa in a few months. We knew that he would lose his housing benefits since we are using savings as the category for financial requirement.
I'm confused on his ESA, we are using two savings, one is just normal savings in bank account which goes over the amount for housing, the second one is a retirement fund. Which I need to keep in place for my retirement age. Do they count that as income if you are not withdrawing from it?


----------



## sameer007

can u plz tell me how much saving amount is enough for spouse application if someone is on dla ?


----------



## Joppa

There is no guidance on this. You can argue that your savings should be sufficient to meet the weekly requirement for the duration of your visa, which is either 130 weeks (52 x 2.5 for 30-month leave) or 143 weeks (52 x 2.75 for 33-month visa). But this is just speculation and there is no guarantee that this is what UKVI will actually do.


----------



## nyclon

sameer007 said:


> can u plz tell me how much saving amount is enough for spouse application if someone is on dla ?



U and plz are not words they are text speak and against forum rules so please refrain from using them in future posts. 

Read through the whole thread. There are comments about savings.


----------



## zoray

sameer007 said:
Original post 
can u plz tell me how much saving amount is enough for spouse application if someone is on dla ?
U and plz are not words they are text speak and against forum rules so please refrain from using them in future posts. Read through the whole thread. There are comments about savings.



Some people are dyslexic!!!


----------



## Fatimah1994

Hello there Joppa, I would be very grateful if you could help me out.
I want to sponsor my husband and have only just started getting DLA. 
I was wondering how many months do you have to have received DLA before applying for the visa. Is one month sufficient or do you have to have been on benefits for 6 months.
Thank you for your time and advice it's highly appreciated.


----------



## Joppa

As soon as you start getting it with award letter and evidence of payment through bank statement.


----------



## Fatimah1994

And if you could please provide me with a checklist of documents to submit 
Thank you.


----------



## i.need.help

Fatimah1994 said:


> And if you could please provide me with a checklist of documents to submit
> Thank you.


You should start your own thread, everything is all in one place then, rather than mixed with other members enquiries and needs.


----------



## tintin1974

hi my new wife is applying for spouse visa to come live with me in uk ,, I am exempt from financial requirements can you tell me as her husband what documents or evidence I need to send her o back up her application? letters of proof of benefit or wat???

thanks in advance people


----------



## Joppa

Read https://www.gov.uk/government/uploa..._and_Accommodation_Appendix_FM_Annex_1_7A.pdf


----------



## sameer007

my wife receive these benefits, 1) Child tax 170£ per week
2) care allowance 60£ per week
3)income support 91£ for two weeks
4) disability allowance 400£ per month
5) child benefits 67 for a month at the moment but it will be increase to 134 in couple of months
and we have saving of 2000 pounds
plz someone calulate it.. i shall be very thankful to you


----------



## tintin1974

hi joppa , my new wife in phillipines is currently applying for uk spouse visa , im her sponser and am exempt from financial requirements as i recieve dla and esa and housing benefit, i have letters of proof for these benefits and have enough to satisfy the maintainance part, i live in a 3 bed semi house and a friend lives with me would a letter from my private landlord be enough for visa if he says there is adaquate room for my wife to come and stay in the house as well? or do i need some other document or report?? thanks in advance


----------



## Joppa

You should get property inspection report, an independent check to show it isn't overcrowded and is suitable for occupation.


----------



## tintin1974

were can i get this done joppa? i live in northeren ireland? would i still have get this done if i live alone?


----------



## Joppa

No, but sharing with someone not an immediate family member (your spouse, your child etc) would require inspection report.


----------



## tintin1974

hi joppa just another wee question i have letters from esa and dla and housing executive ,, one letter has my name as ,,, paul A ROONEY ANOTHER HAS ,,, P A ROONEY AND OTHER HAS ,,, PAUL ROONEY,,, WILL THIS MAKE A DIFFERENCE? ALSO LITTLE DIFFERENCES IN MY ADDRESS 2 OF ADDRESSES SAYS EXAMPLE 6 LONDON ROAD ASKILL CO FERMANAGH BT928AG AND 2 OTHERS SAYS 6 LONDON ROAD CO FERMANAGH BT928AG THE WORD ASKHILL IS MISSING FROM 2 ADDRESSES?? THANKS SO MUCH FOR YOUR ADVICE

Note: Names and addresses are made up


----------



## sameer007

JOPPA can you plz calculation for me .. i shall be very thankful to you ...


----------



## nyclon

sameer007 said:


> my wife receive these benefits, 1) Child tax 170£ per week
> 2) care allowance 60£ per week
> 3)income support 91£ for two weeks
> 4) disability allowance 400£ per month
> 5) child benefits 67 for a month at the moment but it will be increase to 134 in couple of months
> and we have saving of 2000 pounds
> plz someone calulate it.. i shall be very thankful to you


You need £114.85+£66.90 per each child + £17.45 left over each week after paying rent and council tax.


----------



## Joppa

Just attach a covering letter/note explaining that all three names refer to the same person. You may want to submit additional evidence of this like passport copy, driving licence, birth certificate etc.


----------



## tintin1974

Hi Joppa I have all paperwork from sea and Dla and housing benefit award letters proving my benefits , do I still need to provide bank statement? As I meet financial requirements already? Thanks in advance


----------



## Joppa

You need bank statement to show that your benefits have been paid into your account. Just your latest statement showing receipt is fine.


----------



## tintin1974

hi joppa ,, can you or anyone else maybe tell me , how much facebook or viver messages do i send to help provr our relaionship ,, would a screen shot or messages from once a week or every few days or every day be needed? dont want be sending over the top ,, thanks in advance


----------



## Joppa

No more than 10 A4 sheets in total.


----------



## sameer007

nyclon said:


> You need £114.85+£66.90 per each child + £17.45 left over each week after paying rent and council tax.


thanks for ur reply... one last question, i wana do english test but my solicitor said that home office are going changing in it after 5th november. if u know about it plz inform me, thanks


----------



## Joppa

You need to take one of the tests on this list:
https://www.gov.uk/government/uploa...e_English_Language_Tests_and_Test_Centres.pdf


----------



## tintin1974

hi joppa , i have letters from dla and eas and housing executive confirming my benefits ,,, they are all dated 10 september we intend lodging visa application around 27 october? is the dates on leters ok?


----------



## Joppa

Fine, provided the letters show your current status and entitlement.


----------



## sameer007

joppa i have passed the ielts life skills test thank u for ur help. i had this calculation is that correct or not? 
For the purpose of income, benefit can be used as income as per the immigration directorate instructions chapter 8, section FM 1.7A – Family – maintenance at page 2, paragraph 5.1 (a). No benefits income is said to be excluded in the immigration directorate instructions. However as the Disability living Allowance is for my child’s care and monthly needs, I have included this but will not use it all though it is allowed to be included due to it being paid direct to me. I have calculated all figures as per weekly. Included any benefits entitlement letters. For C the income support applicable amount for my family unit, I have used the latest 2015 income support rates as per the DWP figures (included).
Therefore,
A, Income Is
Disability living Allowance - £104.1
Child benefits -£34.4
Carer’s Allowance -£62.10
Child Tax Credit -£173.5
Housing Benefit -£110
Income support -£45.6
Total income = 484.1 per week
B, accommodation costs:
Rent = £110
Council tax = £14.00
Total accommodation costs =£124.00 per week
C, income support applicable amount:
An amount for a couple = £114.85 per week
An amount for 2 children = £66.90 x 2 = £131.24 per week
The total income support applicable amount for my family unit including my partner = £246.09 per week
A at £529.7 – B at £124.00 = 360.1
As £ 360.1 is greater than C at £246.09 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted.
Furthermore, I have saving of £2000 at present date. Which would be an additional tariff income of £2000 divided by visa duration of 130 weeks (2.5 years) =£15 per week. My husband has got 2500£ in his bank account as well which is given him by his parent as a gift divided by visa duration of 130 weeks (2.5 years) =19£ per week


----------



## Hussain786

Hi 
I am getting dla £82 per week ( of my child ) 
ESA incom related £114 per week 
My husband is in uk on spouse visa 2.5 years and going to expire next month 
I have two kids one is disable my husband is not working just caring our little son we are living in council house and getting full housing benefit plus council tax 
I am also getting child benefit £136 per week 
Child tax credit £ 183 per week 
My dla started in September 2015 
Can i excempt from financial requirements and my benefits are enough to support my husband 
Thanks


----------



## Hussain786

Hi 
Joppa 
Can u plz help me thanks


----------



## Joppa

Child benefit of £136 per week? With two children? You mean per month? Then it should be £149.


----------



## Hussain786

Sorry child benefit £ 149 per month
136 for 4 weeks


----------



## Hussain786

Joppa said:


> Child benefit of £136 per week? With two children? You mean per month? Then it should be £149.


Yes its for per month
Can u plz guide me on my situation thanks


----------



## Joppa

Work it out yourself.
You need 114.85 + 66.90 + 66.90 + 17.45 = £266.10 net left each week after paying for rent/mortgage and council tax. You cam count all your benefits, allowances and earnings (after tax) in your calculation.


----------



## Hussain786

Joppa said:


> Work it out yourself.
> You need 114.85 + 66.90 + 66.90 + 17.45 = £266.10 net left each week after paying for rent/mortgage and council tax. You cam count all your benefits, allowances and earnings (after tax) in your calculation.


Esa 114 +dla 82+child benefit 35+ child tax credit 183=414
Housing benefit direct paid to council 
My rent is 88 and housing benefit is also 88 
If i am not wrong i am ok with adequate accommodation and maintenance 
???????????


----------



## sameer007

dears i have done all the papers work but just left 1 final thing. my wife lives in three bedrooms house with 2 kids, the house provided by council. we have got permission letter by house manager, where he stated that i wont be overcrowd, we have got tenancy agreement too. but the confusion is only shall we need the house inspection report or not? i think this gonna charge us for 200 pounds.. plz reply me urgent. i have appointment for fingerprint on monday next week.


----------



## Hussain786

Yes u need a inspection report but it Is not cost £200 Any state agent is ok for inspection
If u have council tenancy and permission letter i think its also ok But if u do inspection report that is a plus point


----------



## sameer007

Hussain786 said:


> Yes u need a inspection report but it Is not cost £200 Any state agent is ok for inspection
> If u have council tenancy and permission letter i think its also ok But if u do inspection report that is a plus point


thanks for reply, actually i have got a inspection report which is done by a solicitor, but my solicitor asked me to get house report done by a qualified surveyor, and when my wife spoke to them so they said that they will charge us for 200 pounds. 
once i have done the house report by same solicitor in 2012 and the home office didnt raised objection on this base but refused on only financial issue,

if i show them housing pictures will that help?


----------



## Hussain786

sameer007 said:


> thanks for reply, actually i have got a inspection report which is done by a solicitor, but my solicitor asked me to get house report done by a qualified surveyor, and when my wife spoke to them so they said that they will charge us for 200 pounds.
> once i have done the house report by same solicitor in 2012 and the home office didnt raised objection on this base but refused on only financial issue,
> 
> if i show them housing pictures will that help?


Hi 
I applied in 2013 and submit state agent inspection report that cost me £50 
And ukba considered my application and accept that report 
Brother the actual thing is financial requirements if ukba satisfy then rest of all are just for plus point even inspection report is not ukba requirements


----------



## Hussain786

sameer007 said:


> thanks for reply, actually i have got a inspection report which is done by a solicitor, but my solicitor asked me to get house report done by a qualified surveyor, and when my wife spoke to them so they said that they will charge us for 200 pounds.
> once i have done the house report by same solicitor in 2012 and the home office didnt raised objection on this base but refused on only financial issue,
> 
> if i show them housing pictures will that help?


If u have council house then i think u donot need any inspection report or photo try to fucus on financial requirements and evidence as much as you can provide with detail thanks


----------



## sameer007

Hussain786 said:


> Hi
> I applied in 2013 and submit state agent inspection report that cost me £50
> And ukba considered my application and accept that report
> Brother the actual thing is financial requirements if ukba satisfy then rest of all are just for plus point even inspection report is not ukba requirements


thanks for ur reply brother, i hope this time the ukba wont refuse me on financial requirements, i have wasted lots of money on my previous case but this time i got much help from this form therefore i am submitting case. May God make easy for all of us ameen..


----------



## sameer007

joppa plz answer me i shall be very thankful to you. i had fingerprints on monday, my wife will send the supporting documents tomorrow to sheffield but we have got some problem, we dont have latest letters of income support and child tax credit plz guide me shall we show them old letters of income support and child tax credit. we have got latest carer allowance letter, disability letter, housing letter, council tax, utility bills. i am waiting for your answer


----------



## Joppa

All you need is a letter/statement with current rates for 2015-6 on it. You should have been issued with one.


----------



## sameer007

Joppa said:


> All you need is a letter/statement with current rates for 2015-6 on it. You should have been issued with one.


yeah we have got child tax credit letter and i didnt mention about income support in benefit calculation . 2mo we are sending our supporting documents. pray for us and thank u so much for your help.


----------



## anetta

Hi,
I am applying for my husbands spouse visa.I have all documents exept landlord permition letter. I live in one bedroom flat alone,I have tenancy agreement and all bills on my name but landfBlord is refusing to give me permition letter. What do you think? Is there a big chance fo refusal without that letter?


----------



## saeid

Dear Joppa
I am a British Citizen living in London and I have got an Iranian wife who living in Iran .
I care from one disable person(more than 4 years)and receiving care's allowance (9 months,£62.10 p/w) and I am not working for 10 months and receiving universal credit .
my question is ;How can I bring my wife from Iran to here with my circumstance ?

Thanks


----------



## Joppa

Read the rest of this thread and you will know.


----------



## saeid

Dear Joppa 

Spouse visa and claiming carer's allowance
I am a British Citizen living in London and I have got an Iranian wife who living in Iran .
I care from one disable person(more than 4 years)and receiving care's allowance (9 months,£62.10 p/w) and I am not working for 10 months and receiving universal credit .
my question is ;How can I bring my wife from Iran to here with my circumstance ?

Thanks


----------



## Joppa

You need to meet maintenance requirement. Without dependent children, you need to have left each week £114.85 after paying for rent or mortgage and council tax. You can add up all your benefits to reach your income.


----------



## saeid

*Thanks*



Joppa said:


> You need to meet maintenance requirement. Without dependent children, you need to have left each week £114.85 after paying for rent or mortgage and council tax. You can add up all your benefits to reach your income.



Thank you for replay ,but I also job seeker and claim for universal credit(they pay £90.00-£120.00 per months , because caring form that disable person I left my job )but I am not claim for housing benefit (I living with friends) .

you think am i eligible for the spouse visa for my wife?


----------



## saeid

*Thanks*



Joppa said:


> You need to meet maintenance requirement. Without dependent children, you need to have left each week £114.85 after paying for rent or mortgage and council tax. You can add up all your benefits to reach your income.



Thank you for replay ,but I also job seeker and claim for universal credit(they pay £90.00-£120.00 per months , because caring form that disable person I left my job )but I am not claim for housing benefit (I living with friends) .

you think am i eligible for the spouse visa for my wife?


----------



## Joppa

Yes, provided you can meet the maintenance requirement. You can add universal credit to your income.


----------



## Hussain786

Hi joppa 
I Am getting DLA of my two kids £713 per month 
Is it count as my income ??


----------



## Joppa

No, you need to be getting DLA for yourself. Do you get Carer's Allowance? If you do, you can count DLA as well.


----------



## Hussain786

Hi dear 
I am getting ESA incom related £114 per week 
And child tax credit £797 per months child tax credit included my child disablity element is it ok to adequate mantainance?


----------



## Joppa

Just re-read the guidance and you do qualify:


> 3.6.2. If the applicant’s partner is in receipt of one of the above benefits or allowances *on behalf of their child*, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”.


You need to have, every week after tax 114.85 + 66.90 + 66.90 + 17.45 = £266.10 after paying for rent or mortgage and council tax. You can add up all the benefits, tax credits and allowances you get.


----------



## Hussain786

Hi 
At moment i am getting £332 per week excluding dla its mean i am ok ?


----------



## Joppa

You can add DLA to your income. How much do you pay in rent or mortgage and council tax per week?


----------



## Hussain786

DLA £165 per week 
Housing benefit £88 
My rent is £ 88 
And all other benefit £ 332


----------



## Joppa

Yes, you comfortably meet the adequate maintenance requirement.


----------



## Hussain786

Joppa said:


> Yes, you comfortably meet the adequate maintenance requirement.


 Thanks 
One thing more plz i want to book premium service appointment but i cannot go there with my spouse becaz i need to stay at home to care my son ? Can my spouse take our daughter with him ? Any problem if i cannot go there ??


----------



## Hussain786

Joppa said:


> Yes, you comfortably meet the adequate maintenance requirement.


I just recieved now my child tax credit new award letter and now they add disablity element on it and increased vg £1264 per month .


----------



## jewel

Hello Joppa,

My wife is receiving DLA, I am going to apply my FLR(M) extension in next month,we have a child who born in here and by descend child is British, my question is what should be my visa fees(£649)? does our child will count as a depended?


----------



## jewel

Hi Joppa,

My Sponsor receiving DLA and we have decided to submit both our income

However there is not much information I can see I need to fill except How much I earn

Do I need to fill anything else? 

Many Thanks


----------



## jewel

Anyone? please advice me as I am filling my form.


----------



## Hussain786

Hi
Thanks Joppa 
For your help yesterday I wasn't premium service appointment for my visa flr m spouse extension and got my approval letter after one hour 
Solihull centre 
Very simple and easy way to apply 
My all documents were as 
Flr m form 
Benefits awards letter s
Marriage certificate 
English language test 
6 months statement 
Children birth certificate s
Tenancy agreement 
Crosspondence to me and my partner 
4 joint 2 single each name 
Passports 
Biometric residence card
I got 2.5 year visa five year partner route 
Exempt Financial requirements because my sponsor was getting DLA
Applied 24 /02/2016 at 10 am
Approved 24 /02/2016 at 11 am


----------



## kash14

*Clarification on my situation please*



Joppa said:


> Yes, you comfortably meet the adequate maintenance requirement.


Hi Joppa

I am so sorry to trouble you, I was wondering if I can have some guidance please. I am looking to apply for a spouse visa in the near future and wanted some clarification on a few things.

I get the higher rate PIP care and mobility allowance so I know I am exempt from the financial requirement of 18.6k£

I also work 30 hours and get 13,500 a year after tax and NI i take home around £1028
I get £320 carers allowance
I have a motability car at the moment so my mobility allowance goes to them

I live at home with my family and pay no rent or bills etc.

I wanted to know will this be sufficient enough to apply for a spouse visa or will I need to be earning more. I know its just the maintenance allowance that I need to meet, however I want to ensure the UKBA don't refuse on the basis that I don't earn enough to support me and my wife

Also my father in into property development and has a house which he put on my name. He gets rent etc but it's cash and not through BACS. Would it be worth providing this or not ? as I don't currently live there yet

Any help would be greatly appreciated.

Many thanks


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## fastcar01

*Sponsor on DLA*

Hi Joppa! I hope you can answer my question as I am very confused.
I am going to apply for the fiance visa this week and I just thought i'd ask advice about the proof of adequate maintenance. We are going to apply using his DLA of 307 monthly and savings of 11,800 to meet the adequate maintenance. We have done calculations and it exceeds 114.85 weekly. My sponsor also is now working as self-employed but only started work April of 2016. My question is, should I add his bank statements from work as financial evidence? or just provide evidence his DLA entitlement and savings bank statements? I have read that if you add more proof, it might confuse the ECO. Please i need help im very confused.

Also, my sponsor does not have a passport, we are going to submit his birth certificate and driving license instead. will that be a ground for refusal?

Thank you so much for your help!


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## jewel

*Bank Statement duration*

Hello everyone,

I am applying for ILR in August 2018, I am exempt from financial requirements as my wife is getting PIP.

Could anyone please help me with the duration of bank statement?

I know it's been 6 months but I read somewhere now only needs a 1-month bank statement.

I appreciate everyone support.


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## dmg

Hussain786 said:


> Hi
> Thanks Joppa
> For your help yesterday I wasn't premium service appointment for my visa flr m spouse extension and got my approval letter after one hour
> Solihull centre
> Very simple and easy way to apply
> My all documents were as
> Flr m form
> Benefits awards letter s
> Marriage certificate
> English language test
> 6 months statement
> Children birth certificate s
> Tenancy agreement
> Crosspondence to me and my partner
> 4 joint 2 single each name
> Passports
> Biometric residence card
> I got 2.5 year visa five year partner route
> Exempt Financial requirements because my sponsor was getting DLA
> Applied 24 /02/2016 at 10 am
> Approved 24 /02/2016 at 11 am


Hi friend! What kind of bank statements did you use? Did you print it online or asked the bank to stamp it for you?


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## nyclon

dmg said:


> Hi friend! What kind of bank statements did you use? Did you print it online or asked the bank to stamp it for you?


If bank statements aren't original they need to be stamped by the bank.


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## dmg

Can anyone help me?

Total housing benifits.
I am applying for a fiancé visa. my fiancé is on PIP and we are aware of the minimum financial requirements . My question is specifically about housing benifits,

My fiancé is recieving full housing benifits because of his disability. If my visa is successful and I move in with him in his council flat in the UK will his housing benifits be stopped because I am living with him?

Thank you all!


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## Zxcvbnm

Hello. Iam exempted from meeting the financial requirement but have to meet the adequate maintenance. I have everything that needs to be sent except i do not know how to do the calculations of the benefits i receive to show my living cost, Kindly, please, is there anyone who would help me how to write it down, to make it clear for the person handling my application. This is what i receive

Carers weekly allowance: £64.60
Income support every two wks : £89.00
Childtax credit weekly: £234.64
Child benefit monthly: £247.20
Dla monthly care: £229.20
Housing benefit :£357.00(paid directly to landlord)

I pay £12 council tax each month. 

How do i exactly put these calculation in words?


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