# Carers Allowance and Settlement Visa



## UKE90 (Nov 27, 2012)

I will be applying for carers allowance to look after my disabled gran in a few weeks time. I have a question regarding "adequate maintenance".

I currently have no income  However i have read UKBA appendix 1.7a and apparently you can use cash savings for all the requirement. I have had £15,000 in a bank account in my name since the end of February, so am i right in thinking that this is enough, and therefore i can apply for my wife's visa at the end of August (6 months cash in bank) with no regular income?

Also, how long do i need to be receiving carer's allowance for before i can use it to be exempt? And because i will be hopefully exempt, will i fall under the old rules and won't have to wait 6 months (until the end of Aug)?

Many thanks for all the help on here.


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## UKE90 (Nov 27, 2012)

Anyone?


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## Joppa (Sep 7, 2009)

You need to have £112.55 per week left over after paying for housing and council tax. If you want to use your savings towards it, divide 15,000 by 52 (weeks) which gives you £288.46. Deduct your weekly housing and council tax, and if you have more than £112.55, you meet the requirement. Your savings must have been in your account for 6 months.


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## bobbysingh (Nov 5, 2012)

*Hi*

Hi

Don' u have to show 16000 plus shortfall and for 2.5 years


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## Joppa (Sep 7, 2009)

That's what I was thinking after posting. You don't need a minimum £16,000 for the maintenance requirement. If the system works in the same way as financial requirement, the savings must cover the whole of 30 months, not just 12 months. But it isn't specifically mentioned in the guidance. In the previous pre-July 2012 rules, savings could substitute 6 or 12-month-worth of income. So we don't know.


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## UKE90 (Nov 27, 2012)

Thanks Joppa. I guess i'll have to wait until the end of August to apply.

Just one more question if someone can help. I understand the rules are new so no one may know, but do i have to be receiving receiving Carer's Allowance for a minimum period, or would say 2-3 months be sufficient? The literature doesn't say anything about this, it just says if you receive it you're exempt.

Also i'm hoping my savings will cover the 2.5 year requirement if there is one, as £15000 / 130 months = £115.38 and i have no housing costs.

Lets just pray i get carers allowance.


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## Joppa (Sep 7, 2009)

I think the rule is you must be currently in receipt of disability benefit, with a bank statement showing it has been paid. So just one payment will do, plus proof of entitlement from DWP.


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## UKE90 (Nov 27, 2012)

Thanks Joppa. I'll keep this thread updated with my progress.


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## UKE90 (Nov 27, 2012)

Quick update.

I got carers allowance! :clap2:

So now i'm exempt i'm thinking about the earliest time i can apply for the visa.

So i need to have more than £112.55 per week after my housing costs. I currently do not have a job. I only have cash savings of £15,000 to my name. Dividing this by the number of weeks (for 2.5 years) i get £115.38. Adding my carer's allowance to this i get £173.38. I have no housing costs.

My questions are:

1) Can i add the carer's allowance to my cash savings per week calculation?
2) Can cash savings by themselves be used to meet the "adequately maintained" requirement. As in i don't need a job? 

Sorry if my questions have been answered already.


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## Guest (Jun 1, 2013)

I dont know the answer to that question but if you have no other income and are getting carers allowance you could be claiming income support as a carer. You would get a reduced amount due to savings but as your savings are spent on living the income support could be reassessed and increased. 

Income Support - Turn2us


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## UKE90 (Nov 27, 2012)

_shel said:


> I dont know the answer to that question but if you have no other income and are getting carers allowance you could be claiming income support as a carer. You would get a reduced amount due to savings but as your savings are spent on living the income support could be reassessed and increased.
> 
> Income Support - Turn2us


I had thought of that. But i'm thinking won't the Home Office think if i'm on income support i won't be able to support my wife without public funds? I guess my question is could i use income support and carers allowance towards my income? Or would it be detrimental to my application?


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## Guest (Jun 1, 2013)

My understanding is you can access public funds you just couldnt claim anything additional for your wife wife wife lke you would if she was British. So if you can meet the minimum income required by ukba even if it includes allowed benefits you are ok. 

I recall at one time you could not include benefits to meet the required income but I think that changed? 

Someone more knowledgeable on UK spouse visas should post to confirm or correct me.


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## UKE90 (Nov 27, 2012)

I have had £15k in a bank account since February 2013 and i'm planning on applying for my wife's visa in August (6 months). The total income i will be using is my carer's allowance and my savings:

£15000/130 weeks = £115.38/week
Add carers allowance of £58/week:

£173.38/week. 

So i meet the adequate maintenance requirement, which is around £112 a week for a couple i think. 

My question is that i read savings should be untouched. Does that mean if i use £1k then i have to wait for 6 months again? OR does it mean i can still use the savings but it would be cut a £1k, so i'd use £14k?


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## Joppa (Sep 7, 2009)

Your savings must have been left untouched for 6 months, keeping the minimum balance you are relying upon. 

(e) Where the cash savings of the applicant or their partner, parent, parent's partner or sponsor are relied upon, paragraphs 11 and 11A apply _(which mention 6 months)._

UK Border Agency | Appendix FM-SE - Family members - specified evidence 12A


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## UKE90 (Nov 27, 2012)

Hi again,

I'm planning on going abroad to meet my wife and hand in her papers. However there is a problem. 

I am currently receiving Carers Allowance so i'm exempt from the financial requirements. The problem is, if i go abroad without my Gran, then the Carer's Allowance payments cease immediately, and is then paid when i get back. So when i go out there and hand the paperwork in, technically i won't be on Carers Allowance. 

I have these options:

1) Take my Gran with me. Carer's allowance will be paid as per usual and therefore will be a Carer at the date of application. 
2) Don't tell the Carers Unit i'm going abroad. This option seems a bit risky for me. 
3) Just go, apply, come back and resume caring duties, and receive payments from when i come back. Then pray the Home Office will either not find out that i wasn't a carer at the date of application, or will use common sense and know that i'm obviously a carer who had to take a break to go abroad. 

What do you guys think? Option 1 is the best but unlikely to happen


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## Guest (Aug 19, 2013)

You are allowed breaks in caring and will still be paid Taking a break from caring | Carers UK


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## UKE90 (Nov 27, 2012)

_shel said:


> You are allowed breaks in caring and will still be paid Taking a break from caring | Carers UK


That's what i was hoping for but i phone the carers allowance unit up and they said i have already taken a 3 week break (which i agree to) back in May. So i'm eligible for one week break, or 4 weeks from November onwards. 

What's my best option? I am going to try an make my Gran come along as well but that's not a definite. Basically as soon as i leave the country my Carers Allowance stops, then resumes when i come back. The date of application will be in the period which i won't be receiving the benefit  

I have been thinking just not to tell carers allowance unit. But aurely they can find out if someones left the country? Especially now i've told them i'm thinking of it.


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## Joppa (Sep 7, 2009)

It says:
"12. Where the applicant's partner is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions confirming the entitlement and the amount 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 into the person's account."
UK Border Agency | Appendix FM-SE - Family members - specified evidence

So all you need to show is that you are in receipt of Carer's Allowance, not that you are actually receiving payment on the date of application. You only need to enclose, other than the official offer letter from DWP, one bank statement from the last 12 months showing allowance has been paid.

So my interpretation is that you can still apply, even if the payment stops while you are abroad without your grandmother.


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## UKE90 (Nov 27, 2012)

Joppa said:


> It says:
> "12. Where the applicant's partner is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment, all the following must be provided:
> (a) Official documentation from the Department for Work and Pensions confirming the entitlement and the amount 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 into the person's account."
> ...


I hope so. Logically i'd agree with you. I think it should be ok as i confirmed with the Carers Allowance unit i'd be put on a temporary hold until i come back. 

So is it safe to assume that, once i submit my papers, the Home Office won't contact the Carers Allowance Unit to ask if i'm a carer? I will probably be abroad for a further 4 weeks after the date of applying. If they do ask, they will confirm i have been a carer but i'm on a break at the moment. Do you think it's wise to declare this on my wifes application, that i'm on a break due to visiting my wife, and therefore not a carer officially?


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## Joppa (Sep 7, 2009)

If you like, but the wording of the guidance suggests it's not necessary. You are in receipt of carer's allowance, except when you are on holiday abroad. I suggest you keep your time away as short as possible.


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## UKE90 (Nov 27, 2012)

Joppa said:


> If you like, but the wording of the guidance suggests it's not necessary. You are in receipt of carer's allowance, except when you are on holiday abroad. I suggest you keep your time away as short as possible.


 I was hoping to stay as long as possible (5-6 weeks). Surely the Home Office will see that i'm abroad and spending more time/living with my wife? Can't that be seen as a good thing?

I think i might be worrying over nothing. The more i think about it, the Home Office will surely understand that i get the benefit whilst im in the UK, and currently i'm abroad and obviously won't get it?


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## Joppa (Sep 7, 2009)

Most benefits work like that, except for short holidays abroad. If your benefit is stopped because you have already taken a holiday abroad, a note explaining it may be in order.


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## UKE90 (Nov 27, 2012)

Joppa said:


> Most benefits work like that, except for short holidays abroad. If your benefit is stopped because you have already taken a holiday abroad, a note explaining it may be in order.


Ok thanks. I think i will mention it so its crystal clear to them. Hopefully i wont be jepordising my application.


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## UKE90 (Nov 27, 2012)

Quick update. It turns out that the Carers unit were looking at the wrong date of my caring start date. So i will be getting paid whilst i'm over there 

I have a question about bank statements. I need to show i have funds in my name for at least 6 months. So lets say the funds were deposited on the 1st March. So 6 months could be 1st Sept. So i would then go to my bank on the 1st asking for official 6 month bank statements on headed paper dated the 1st. Or should it be the 2nd?

Also when we apply it will be 2 weeks later. The money will still be there but don't the Home Office need to know where the money is in that period? Or do they allow for a certain timeframe for handing the papers in?


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## Joppa (Sep 7, 2009)

Don't overthink it. 1st March to 1st Sep is fine. Don't worry about the two weeks after your last statement.


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## UKE90 (Nov 27, 2012)

Thanks Joppa. I guess i am guilty of overthinking, just really want it to get approved. I'm really glad there's people like you to help us


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## UKE90 (Nov 27, 2012)

Ok so i have filled out the online application and appendix 2. Bank statements from my *savings account* showing my £15k for 6 months should be here tomorrow. Also bank statements from my *current account* showing deposits made by family members since January 2013 will also be submitted. 

My worry is, my current account has been in overdraft for most of the time, up until a few weeks ago. Will the home office look at my spending at all, or is it solely based on income? My account is now healthy with a positive balance. 

Also read somewhere as the sponser, i need to send certified copies of EACH page of my passport?

Will be going abroad on Saturday to meet the wife so need to get everything together before then!


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## UKE90 (Nov 27, 2012)

To show help from family members, i will only include the statement pages that show the deposits, and remove the pages that don't. Please could someone confirm if that's ok?


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## Joppa (Sep 7, 2009)

Financial help from third party isn't allowed even for those exempt from financial requirement.


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## UKE90 (Nov 27, 2012)

But they ask you in appendix 2 if you receive any money from any family members? 

It won't make or break my case as i already meet the adequately maintained requirement, just thought it might add to it


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## Joppa (Sep 7, 2009)

Yes but there is no need for you to elaborate it.


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## UKE90 (Nov 27, 2012)

So you don't think i should get my Dad to say he will support me and then show evidence of it in the past? I've already got all the bank statements lol. Won't it help just a teeny bit?


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## Joppa (Sep 7, 2009)

No. Unnecessary. Once you meet the maintenance requirement, there is no need to show any extra income stream.


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## UKE90 (Nov 27, 2012)

Argh all that effort for nothing! But there's no harm in including it right? Might as well as its all done now?


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## Joppa (Sep 7, 2009)

If you like but will be ignored.


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## UKE90 (Nov 27, 2012)

Ok thanks joppa. Should be submitting the application sometime next week 

Do you know if they return any photos submitted with the application?


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## Joppa (Sep 7, 2009)

If you supply a copy (e.g. digital photos printed out on office paper), they should return original photos.


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## UKE90 (Nov 27, 2012)

Joppa said:


> If you supply a copy (e.g. digital photos printed out on office paper), they should return original photos.


Ok i have most of the photos on my laptop. I have the originals physical photos, so all i would need is to print the photos off my laptop on normal printer/paper for them to use as a copy? How many photos do you think is enough? Someone told me a photocopy would be sufficient?

Leaving tomorrow!


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## Husband & Wife (Jun 27, 2013)

@UKE90... greetings. 

Did you apply for the visa? If so, how did it go?


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## UKE90 (Nov 27, 2012)

Not yet, i'm travelling abroad to meet my wife tomorrow, so should be submitting it later this week.


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## UKE90 (Nov 27, 2012)

Joppa you know how you (and a few others) divide the savibgs by 130 weeks (30 months), is there a reason for that? I read on the home office website that the initial visa is for 33 months?


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## Joppa (Sep 7, 2009)

Yes but you can renew it after being in UK for 30 months. Extra 3 months is to facilitate travel to UK. This calculation is just a speculation or educated guess, as it isn't mentioned anywhere.


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## UKE90 (Nov 27, 2012)

Ok cheers. The calculation does make sense to me and hopefully they will see it the same way. 

So i have included bank statements showing deposits made by family members (just in case the savings aren't enough). However i have only included from January 2013 and only the statement pages that show the deposits. Do you think thats ok?


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## Joppa (Sep 7, 2009)

As I've said to you before, financial help from third party isn't counted. The only help they can give is gift of money that stays in your account for 6 months untouched. So such gift payments should go into a savings account and not current account used for daily expenditure.


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## UKE90 (Nov 27, 2012)

Yep the gift went in my savings account. Then separately been recieving deposits in my current account. 

If they don't accept financial help from family, then why do they ask? I'm not saying you're wrong, just trying to understand.


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## Joppa (Sep 7, 2009)

They just want the whole picture. You should have £112.55 per week just with your own resources.


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## UKE90 (Nov 27, 2012)

Visa application finally submitted on 24/09/13 in person. Dispatched to BHC same day. 

The stress feels over but i just hope it all goes through ok and is granted. They said up to 3 months but im crossing my fingers its less. I wrote that the planned date of travel to the UK for my wife is 12/10/13, which is when i fly back. I don't suppose they would look at that and think lets try and sort this out before then?

Joppa - Thanks for all the free advice. Never felt the need to pay for professional immigration services with you on here


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## UKE90 (Nov 27, 2012)

Well its been nearly 9 weeks since submission. Current status says its under process. 

I have checked the visa processing times for the country. Theres a table which shows % of decisions made in 20, 30, 60, 90 days etc. So does 60 days mean 2 months, or does it mean 12 weeks as you don't count weekends?


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## mrsnewtolondon (Oct 28, 2013)

60 days meaning 2 months.


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## nyclon (Apr 3, 2011)

UKE90 said:


> Well its been nearly 9 weeks since submission. Current status says its under process.
> 
> I have checked the visa processing times for the country. Theres a table which shows % of decisions made in 20, 30, 60, 90 days etc. So does 60 days mean 2 months, or does it mean 12 weeks as you don't count weekends?


It means business days so excluding weekends and holidays. From the UKBA website: 

Please note that we define 1 week as 5 working days.


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## UKE90 (Nov 27, 2012)

nyclon said:


> It means business days so excluding weekends and holidays. From the UKBA website:
> 
> Please note that we define 1 week as 5 working days.


That's what i thought. So 60 days means 12 weeks or 3 months. That's just great. 

Thanks for your help by the way.


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## Husband & Wife (Jun 27, 2013)

Hello

I would like to know please if when applying for a spouse visa via the Carer's Allowance route, which need proof of part time work, will a letter from the employer suffice or is an employment contract needed?

Thank you


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## Joppa (Sep 7, 2009)

> (a) *A letter from the employer *confirming the employment, the gross annual salary and the annual salary after income tax and National Insurance contributions have been paid, how long the employment has been held, and the type of employment (permanent, fixed-term contract or agency).
> (b) *Wage slips *covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.
> (c) *Personal bank statements *covering the same period as the wage slips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly.


FM1.7A Maintenance 6(1)


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## Husband & Wife (Jun 27, 2013)

Thank you!


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## bluesky2015 (Sep 3, 2013)

Husband & Wife said:


> Thank you!


I really like your DP, it's so cute


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## Husband & Wife (Jun 27, 2013)

DP?


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## Husband & Wife (Jun 27, 2013)

Regarding the employment contract... is there a best length of contract, like 6 months, 1 year... pls???


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## Joppa (Sep 7, 2009)

It doesn't matter, as fixed-term contract is acceptable.


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## Husband & Wife (Jun 27, 2013)

Gratefully...


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## Husband & Wife (Jun 27, 2013)

Can I be employed by a sole trader instead of a company, if they have a payroll and NI contributions etc set up?


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