UK spouse on benefits marrying US w/ pension income

Hello, I'm new and have been searching but have not seen much about the situation I may find myself in and I've got a few questions.

I'm currently employed in the US and will be eligible to retire soon. My fiancee is in the UK and is currently on benefits due to a medical condition that is chronic. When I retire I will have a monthly income that I believe to be sufficient to support us based on what I can find of minimum requirements. I also plan to seek work after arriving. If we applied for a spouse visa would her income (or lack thereof) be the determining factor on if the visa was granted? I've seen one reference to a UK spouse not losing benefits in a similar scenario but nothing I'd consider definitive. Would it be worth my money to employ a solicitor in the situation?

What benefits is your fiance on?

Usually, you have to show that the UK citizen is earning £18,600 or more per year, in order for you to qualify for a spousal visa.

However, if she is receiving certain benefits, she will be exempt from the income requirement of £18,600 and instead you will only have to show that between you, you have enough money to live off without you (the US citizen) claiming benefits (essentially that you have about £113 left over each week after paying any rent and council tax, but before other expenses).

The benefits that would make her exempt from meeting the income requirement are:

- Carer‟s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment.

If she is receiving any of these, you may be able to qualify for the spousal visa easily using her benefit income and your pension income.

If not, you will have to meet one of the income requirements:

- Category A or B (her employment): She earns at least £18,600 per year in the UK
- Category C: Non-employment income of £18,600 per year between you (i.e. rent from property you own, stocks/shares/dividends income etc.)
- Category D: You have £62,500 or more in savings and have held this amount for at least 6 months
- Category E: Pension income - your US pension is at least £18,600 per year
- Category F or G: She is self-employed in the UK and has earned an average of £18,600 over the last 1, or the last 2 financial years.

See here for information about the income requirements: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

In order to be exempt from the financial requirement, your fiance would need to be in receipt of one or more of the following benefits:

•   Carer’s Allowance.
•   Disability Living Allowance.
•   Severe Disablement Allowance.
•   Industrial Injuries Disablement Benefit.
•   Attendance Allowance.
•   Personal Independence Payment.
•   Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
•   Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

If she is then she will have to show that she has £112.55/week to support you after paying rent and council tax.  Your pension can be used to help meet this requirement.

If she's not on any of these benefits then she must meet the financial requirement.  There are several ways to do this including having savings of £62,500 between the 2 of you or she is employed earning £18,600/year or more.  

Read through Appendix FM 1.7 for information on meeting the maintenance requirement.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/section-FM-1.7.pdf?view=Binary

Ok, so I need to ask her what she's receiving... she's told me but I didn't really 'get it'.

It also looks like if *I* meet Category E it doesn't matter which she draws unless it's income support or job seekers??

She wouldn't need to support me at all in any case. My income should be sufficient as long as she doesn't lose all of hers.

Thanks for the replies.
 

It also looks like if *I* meet Category E it doesn't matter which she draws unless it's income support or job seekers??

Yes, if you can meet the £18,600 per year requirement with only your pension, then you will apply based on your pension income, and not on her benefits income.

She wouldn't need to support me at all in any case. My income should be sufficient as long as she doesn't lose all of hers.

As a UK citizen, she can claim whatever she is entitled to as a single person. What she can't do is claim extra because you are there, because you will not be allowed to claim any benefits yourself.

For example, she can only claim the amount of benefit allowed for a single person, not a couple; or if she lives in council housing, she cannot claim for a bigger house because you will be living there too.

Thank you, that sorts things quite a lot. She does live in council housing with lifetime tenancy. So it would look as if I'm not a public nuisance she wouldn't lose all benefits she currently gets if I'm able to support myself.

Thank you, that sorts things quite a lot. She does live in council housing with lifetime tenancy. So it would look as if I'm not a public nuisance she wouldn't lose all benefits she currently gets if I'm able to support myself.

She will lose some income based benefits, as your pension and wages will form part of her household income, for benefit purposes.

She will be getting her rent paid (Housing Benefit) and will need to inform her local council of your income when you move in. She will lose some or all of that benefit.

If she is living on her own, she will be getting 25% Council Tax discount and will most likely be getting all/most of her council tax, paid by benefits too. She will lose her 25% single person discount and some/all of her Council Tax Benefit (Council Tax Benefit is known by a new name now and I can't remember what that is called). It's still dealt with by her local council.

DLA/PIP, should not be affected by your wages as that is an in work benefit. I'm not sure about any top up benefits she gets.

ESA might be affected if she is on income based ESA and not in the Support Group.

Thanks for all the help... May be a moot point anyway, it appears she's getting cold feet and not from the winter weather.