Fiance Visa - are we exempt from financial rules?

Hi, I'm new to forum and was directed here from another community as the place to get the answers I need.

I am in an LDR with Scott (34, USA), I'm Joey (31, UK). We are looking at the fiance visa for him to come to the UK. However, I am disabled and in receipt of both Employment Support Allowance and Disability Living Allowance. The UK border site I looked at said that because I am on a disability benefit we would be exempt from the financial requirement.

However, it also says that he would not be able to use public funds. I live in a council house - adapted for my disability along with my carer as I require 24/7 care. Would Scott be able to live in this house, as long as he paid rent, or would that count as using public funds?

Also, would I lose my income related benefit because he would be required to have a certain amount of savings to support the both of us for the time before he can work? Would that be the £18,600 in savings needed or is it just enough to prove he can meet the expenses such as rent, council tax etc.

Any help you can give me would be greatly appreciated!

Thanks

Joey

Hi there

I'm in the same boat as you. My fiance is on DLA and ESA. You should be able to get a letter from the council stating he can live with you. if you have housing benefit then contacting them for papers stating nothing will change when he comes across is a good idea. My fiance' got a packet from the Housing benefit people stating Nothing will change until I am employed. Probably be the same for you. You shouldn't lose any benefits but you will not be able to claim any additional ones for Him. This is a awesome link that might be able to answer some of your questions http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/maintenance.pdf?view=Binary

Also as you are exempt from the requirement, you Do need to have 111.45 pounds left over a week after council tax and rent, if living expenses are required for you, just add up your total benefits for the month and divide to see what you have a week

Thank you for this info!

I am so pleased to hear this I do already have that amount left over every two weeks, so I can do some re-jigging and hope I can find some more! I will visit the site you suggested and look into it some more

Thanks again!

Joey

Hi Joey

Just an additional point. The Income Support level of £111.45 may be increased by "premiums" based on your disability. The disability premium is £30.35 and then if you get enhanced disability premium in your ESA you would need to add another £15.15.

Let me be clear, not all ECOs will add these premiums on but some do. Technically though they all should, as it's the equivalent amount of Income Support.

Do need to have 111.45 pounds left over a week after council tax and rent, if living expenses are required for you, just add up your total benefits for the month and divide to see what you have a week

Just to add to this - the amount you have to show is going to be increasing as of April 2013, because the income support amounts increase in April each year.

So, if you apply from April onwards, you'll need to show £112.55 per week, not £111.45.

The £18,600 would have been what you, the UK citizen, would need to have in order to sponsor your OH if you were not in receipt of DLA.

Scott is not required to show proof of savings or income.

Just to add to this - the amount you have to show is going to be increasing as of April 2013, because the income support amounts increase in April each year.

So, if you apply from April onwards, you'll need to show £112.55 per week, not £111.45.

Thanks for this info!

Thanks to everyone who's replied, it really helps to understand where we need to be and what I need to have in the bank to allow a visa to go through. Thanks everyone!

just out of curiosity: you talked about "rejigging" things. I'm wondering if you understood the expenses thing. The only amounts taken out of your income that is required is the rent and council tax--which I imagine for you is covered by housing benefit and council tax benefit, so as long as you make enough ESA and DLA to cover the other amounts, no matter what your other expenses are, you are fine.

just out of curiosity: you talked about "rejigging" things. I'm wondering if you understood the expenses thing. The only amounts taken out of your income that is required is the rent and council tax--which I imagine for you is covered by housing benefit and council tax benefit, so as long as you make enough ESA and DLA to cover the other amounts, no matter what your other expenses are, you are fine.

No, I must have misunderstood. I thought you meant that I had to have that amount after bills as well..so yes, I already have that amount a week..yay! Thanks for the confirmation!