# Uk spouse Visa & Disability



## helen52 (Aug 27, 2016)

Hi,


My wife (Helen) applied for the second 2.5 year spouse visa in the uk. I have recently received PIP. 

I just would like to know if we will exempt from financial requirements because of my disability? Also, is that important for how long have I receive my PIP (for example 12 months or etc.) or it is not important at all? 

I so appreciate it if you can help us on this situation please as usual.

Best regards,


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## Joppa (Sep 7, 2009)

Yes, receipt of PIP by sponsor will exempt her from financial requirement. You just needs to be currently receiving it, with award letter and one bank statement as evidence. She only needs to meet the maintenance requirement, which is £114.85 left each week after paying for rent/mortgage and council tax if you don't have dependent children.


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## helen52 (Aug 27, 2016)

Many thanks dear Joppa, you are always very helpfulll...I just asked this question because I read in Appendix_1_7_Financial_Requirements (PART (b)):

" The evidence required to demonstrate that the applicant’s partner is in receipt of a
specified benefit or allowance is specified in Appendix FM-SE:

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

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

*(b) At least one personal bank statement in the 12-month period prior to the date of
application, showing payment of the benefit or allowance to which the person is currently
entitled into their account. "*

I thought we have to show them in statement that we have received PIP for at least 12 months! So it doesn't mean that??

And in terms of adequate maintenance we have just to reduce our rent as well as council tax?? not living expenses and etc.?? (we have no children)

Many thanks for your advice again.

Kind regards,


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## helen52 (Aug 27, 2016)

DEAR JOPPA, many thanks for your message but can you please answer this message again??

I just asked this question because I read in Appendix_1_7_Financial_Requirements (PART (b)):

" The evidence required to demonstrate that the applicant’s partner is in receipt of a
specified benefit or allowance is specified in Appendix FM-SE:

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

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

(b) At least one personal bank statement in the 12-month period prior to the date of
application, showing payment of the benefit or allowance to which the person is currently
entitled into their account. "

I thought we have to show them in statement that we have received PIP for at least 12 months! So it doesn't mean that??

And in terms of adequate maintenance we have just to reduce our rent as well as council tax?? not living expenses and etc.?? (we have no children)

Many thanks for your advice again.

Kind regards,


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## Joppa (Sep 7, 2009)

No. What it means is you just send them one recent bank statement showing the benefit is being paid into your account. The award letter which you must enclose should state the entitlement.
To show you meet the adequate maintenance requirement, just subtract any rent or mortgage paid and council tax from your total income including benefits. No need to deduct living costs.


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## helen52 (Aug 27, 2016)

Dear Joppa, 

Many thanks for your help and adice.

I really appreciate it.


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## helen52 (Aug 27, 2016)

Dear Joppa, 


As I explained you previously my wife and I are going to apply for second 2 and half years of her visa. We applied last year (August 2016) for that and based on her cash saving in IRAN, but her application was refused because the bank which she had saving in, was not approved by UKBA. We appealed against their decision straightaway. 

Today we received the hearing letter from tribunal service which is going to be on 12th Jan 2018. I have also received my PIP award letter which awarded me enhanced rate for daily living and standard rate for mobility. 

I just would like to ask you what we have to do to withdraw her appeal as well as cancel tribunal hearing date and re-apply again? Because based on my PIP she will get exempted for any financial requirements.

If we re-apply again, her appeal as well as court will automatically get canceled or not? Or we should write to them them?


I so appreciate it if you can help and advice us based on our circumstances.


Kind regards,


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## helen52 (Aug 27, 2016)

Joppa said:


> No. What it means is you just send them one recent bank statement showing the benefit is being paid into your account. The award letter which you must enclose should state the entitlement.
> To show you meet the adequate maintenance requirement, just subtract any rent or mortgage paid and council tax from your total income including benefits. No need to deduct living costs.




Dear Joppa, 


As I explained you previously my wife and I are going to apply for second 2 and half years of her visa. We applied last year (August 2016) for that and based on her cash saving in IRAN, but her application was refused because the bank which she had saving in, was not approved by UKBA. We appealed against their decision straightaway. 

Today we received the hearing letter from tribunal service which is going to be on 12th Jan 2018. I have also received my PIP award letter which awarded me enhanced rate for daily living and standard rate for mobility. 

I just would like to ask you what we have to do to withdraw her appeal as well as cancel tribunal hearing date and re-apply again? Because based on my PIP she will get exempted for any financial requirements.

If we re-apply again, her appeal as well as court will automatically get canceled or not? Or we should write to them them?


I so appreciate it if you can help and advice us based on our circumstances.


Kind regards,


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## Joppa (Sep 7, 2009)

Apply for renewal of leave using adequate maintenance, and once it's approved, cancel your appeal, but not before.


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## helen52 (Aug 27, 2016)

Joppa said:


> Apply for renewal of leave using adequate maintenance, and once it's approved, cancel your appeal, but not before.




Dear Joppa, 


Many thanks for your reply. In terms of Adequate Maintenance I receive these benefits per week:

1- ESA (Support Group) £ 125.55 per week
2- Housing Benefit £ 243.18 per week
3- PIP (Enhanced Living + Standard Mobility) £ 104.10 per week
-----------------------------------------------------------------------
Total: £ 472.83 per week


My Expenses:

1- Flat Rent £ 1150 per month (£ 265.38 per week)
2- Council Tax £ 11 per week 
----------------------------------------------------------------------------
Total: Approximately: £ 277


Adequate Maintenance: £ 472.83 - £ 277 = £ 195.83 > £ 114.85


Do I need to take into account anything else for her visa application??


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## helen52 (Aug 27, 2016)

Dear Joppa,

As I explained you previously my wife and I are going to apply for second 2 and half years of her visa. We applied last year (August 2016) for that and based on her cash saving in IRAN, but her application was refused because the bank which she had saving in, was not approved by UKBA. We appealed against their decision straightaway. 

Today we received the hearing letter from tribunal service which is going to be on 12th Jan 2018. I have also received my PIP award letter which awarded me enhanced rate for daily living and standard rate for mobility. 

You advised us to re-apply first and when approved then withdraw the appeal. Couple of solicitors advised us that if re-apply again without withdrawing our appeal our new application automatically refused because her case is still is open and UKBA will not accept any new application. They advised us to withdraw the appeal and leave the country and then re-apply from outside the country!! OR carry on with current appeal and see what will be happened in the court!!

I just would like to ask you what we have to do to exactly?? We can not trust their advise and UKBA did'nt respond any emails or phone call.

I so appreciate it if you can help and advice us in this situation.



Kind regards,


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## helen52 (Aug 27, 2016)

Dear Joppa,

As I explained you previously my wife and I are going to apply for second 2 and half years of her visa. We applied last year (August 2016) for that and based on her cash saving in IRAN, but her application was refused because the bank which she had saving in, was not approved by UKBA. We appealed against their decision straightaway. 

Today we received the hearing letter from tribunal service which is going to be on 12th Jan 2018. I have also received my PIP award letter which awarded me enhanced rate for daily living and standard rate for mobility. 

You advised us to re-apply first and when approved then withdraw the appeal. Couple of solicitors advised us that if re-apply again without withdrawing our appeal our new application automatically refused because her case is still is open and UKBA will not accept any new application. They advised us to withdraw the appeal and leave the country and then re-apply from outside the country!! OR carry on with current appeal and see what will be happened in the court!!

I just would like to ask you what we have to do to exactly?? We can not trust their advise and UKBA did'nt respond any emails or phone call.

I so appreciate it if you can help and advice us in this situation.



Kind regards,


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## Pesa (Oct 5, 2017)

*Spouse visa*

Hi,
My son would like to apply for spouse visa for her wife to bring her to UK. He is recieving EESA =£125 a week and PIP= £55 a week. Is he exempt from financial requirments?

He lives with me and my husband in 2 bedroom house owned outright and does not pay any rent?

Anyone please can advice ? Do I have to write a letter for him to support that he will have a free accomodation with his wife?

Thanks


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## tHinGyMAjiG (Aug 7, 2018)

Hi there, I am a disabled man ex forces Army currently receiving PIP and entitled to it til my next review in 2019 and I also get ESA and Rent paid for housing. I am right on last part of our application for Visa as my wife as passed both A1 English IELTS test and also her Turburculosis Scans. So they require me to pay IHS for her totaling over £600 and Visa costs of £1600. 

My question is to anyone reading this after I wrote to the .Gov Immigration asking do I get any Exemption for these expected fees in my application as I did for the threshold Exemption. Can I get financial support for the required IHS and Visa costs, thank you.


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