FLRM Visa and Disability

Hello, just a query.  My husband has been here for 2 years in September and he is currently on a further leave to remain visa.  Unfortunately his health has detiorated since he got here (lower spinal fusion - daily morphine pain relief).  I work full time and have 2 children.  I am aware that he isn't allowed to claim public benefits but it has been mentioned to me that there may be a disability element he could claim.  Can anyone kindly point me in the right direction please.

Many thanks, Rachel x

Has he worked at all? Or made NI contributions? Because he may be eligible for incapacity benefit if he has.

Unfortunately not.  He's my "stay at home" step-dad!  It's not desperately important but likewise I don't want to get to the next visa and they want to know why he's not working. 

I would then reccomend that you go to a benefit maximizer appointment with CAB to see if you are getting all the benefits that you are entitled to. But otherwise it may be just a matter of waiting until he gets ILR.

Thank you    x

I think you are referring to Disability Living Allowance (DLA)?

If so, until your husband hold indefinite leave to remain (ILR), he is ineligible to access public funds, of which DLA is one.

http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/rightsandresponsibilities/publicfunds/

Once your husband is in receipt of ILR, he should be eligible for public funds. CAB can advise on benefits, as Cali Girl suggests:

http://www.citizensadvice.org.uk/

Alternatively, you can contact your local council to find out if there is a local Welfare Rights service in your area:

http://www.direct.gov.uk/en/Dl1/Directories/Localcouncils/index.htm

While he is still on further leave to remain, if you contact your local DIAL (Disability Helpline), they may be able to let you know of charitable organisations, and services (such as charitable funding, social support, other)  if eligible in your area that you may be able to access:

http://www.dialuk.info/findadial/index.asp

When does his further leave expire / when is he eligible to apply for ILR?

Hope that helps. 

Thank you so much for the information, I thought it was probably the case but wanted to make sure :-) x

He can apply this time next year, third and final visa phew :-) x

Not long now! Good luck with everything!