# Employment and Support Allowance and Spouse Visa



## vs51_rich (Nov 7, 2013)

Hi guys,


I could really do with finding out if ESA counts. Last year I broke my neck while living in Russia with my wife and 1 year old child. I was flown to the UK for treatment. My wife has been here on a family visit visa. We applied here for leave to remain but they insisted she apply from russia. 


any help would be really appreciated


thanks,

Rich


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## Joppa (Sep 7, 2009)

You as a British national is fully entitled to receive ESA, and it won't affect your wife's spouse visa application. Where you want to apply for a benefit or tax credit that has to be applied jointly, once your wife is UK on a visa, you just have to declare that she is subject to immigration control and they will work out your entitlement accordingly. In this case she won't be accessing public funds.


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## vs51_rich (Nov 7, 2013)

Hi,


I don't receive any income apart from my benefits. I get higher rate DLA and ESA. As I understand I dont need to meet the financial requirement. 

From what I can tell my dla will count, but I wanted to know if my esa will too?

thanks


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## Joppa (Sep 7, 2009)

Yes, all benefits and allowances can be added together to meet the maintenance requirement. As you have a child, you need £194.94 a week left when housing cost and council tax are taken away, and if the benefits fully cover them, just your combined income must be a shade under £200.


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## vs51_rich (Nov 7, 2013)

My housing cost is completely covered by housing benefit.


I receive £829.60 p/month dla and esa combined.


Would this mean im in the clear?


thanks


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## Joppa (Sep 7, 2009)

Well, £829.60 a month is £191.44 a week, so you are almost there. If you have any savings,
£455 should cover the shortfall.


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## vs51_rich (Nov 7, 2013)

How much savings should I have, I only have a couple of thousand? My wife also has around 5000. I read somewhere about needing 16,000 for them to consider savings?


thanks


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## Joppa (Sep 7, 2009)

Minimum of £16k only applies to those subject to financial requirement. For maintenance requirement there is no stipulation, but I tend to work on a principle that the weekly shortfall should be covered for a period of 2.5 years by savings, the length of the initial visa. I think you have more than enough.


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## vs51_rich (Nov 7, 2013)

Hi joppa,


for some reason my lawyer has been working out that i need to have 239.44 left per week. He said he's got this figure from adding up couple+child+premiums disability couple+premiums family. Could you shed any light on this, is he correct?


thanks

Rich


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## Joppa (Sep 7, 2009)

Please don't come back here if you being professionally advised. You are paying them to answer all your queries.


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