Fiance Visa Financial Req - Disability Alowance

Good Afternoon all.

Before I Start, here's a little background on our situation (i am never very good at writing questions!)

I am a UK citizen, my fiance is a US Citizen.
I have two children from a previous marriage (one has Autism)
We met 4 years ago. and have visited each other every 6 months since then.
Last month while I was holidaying in the US with my children, He proposed!
We want to settle in the UK as a family, as moving my children away from their family isn't an option.
I do not earn the minimum financial requirements for the VISA, as i work part time due to caring for my children, and needing to drop them off / pick them up from school. I also claim some Child / Working Tax Credits / Housing Benefit (I earn £9,500)
I Rent my house, but my landlord is more than happy to have my fiance living here, and she would happily write a letter stating this.
I am in the process of applying for Disability Allowance for my son (he was diagnosed 3 years ago, but I couldn't bring myself to 'make money' from him.)
I would not meet the requirements for Carers allowance, as I earn too much (ironically)

Now my question... If I get granted Disability allowance for my son (he is 6 years old), would this qualify as being in receipt of Disability allowance, and making us exempt from the financial requirements?

Thanks in advance!

Welcome to the forum, and congratulations on your engagement .

I was about to say that I didn't think you could use your son's disability allowance to meet the requirement, but actually, it looks like you might be able to.

From Appendix FM 1.7 Financial Requirements document:

3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:
 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.
 Police Injury Pension.

3.6.2. If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”.

See here for more information about qualifying through Adequate Maintenance:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/452967/IDI_Adequate_Maintenance_and_Accommodation_Appendix_FM_Annex_1_7A.pdf

That is absolutely wonderful news!

So it doesn't matter that my son is from a previous relationship, and not related to my Fiance?

I've also done a quick calculation, and including my savings, we have around £100 spare after A-B => C

I've been reading through these forums for a few weeks, and its really encouraging to see so many people getting there happy endings, completely different to the rest of google's horror stories of families being constantly separated.

If I have any more questions, am I okay to post them on here?

Kind regards,
J

If I have any more questions, am I okay to post them on here?

Kind regards,
J

This is the busy time of year and I noticed you didn't get a response, but yes - any questions just ask here. It will bump up the post and anyone who has already commented will likely get a notification

That is absolutely wonderful news!

So it doesn't matter that my son is from a previous relationship, and not related to my Fiance?

AM seems to be based on you and not on your fiancé.

I do not earn the minimum financial requirements for the VISA, as i work part time due to caring for my children, and needing to drop them off / pick them up from school. I also claim some Child / Working Tax Credits / Housing Benefit (I earn £9,500)

You could claim for some childcare help via your Working Tax Credit claim.

BUT
Those are 3 of the 6 benefits that are being replaced by Universal Credit. Some claimants will be migrated on to UC starting from next year and others will go on when they trigger a change to UC. Have you looked at what triggers a change to UC?
https://www.entitledto.co.uk/help/changes_that_trigger_Universal_Credit

 
Perhaps visit your local CAB and ask their benefit expert to calculate what  being on UC will mean for you as it’s not just about money? Your single person discount for Council Tax might be affected too. If there is going to be a financial loss, you can then discuss this with your fiancé so that he can cover this from his savings until he finds a job and gets paid.
https://www.citizensadvice.org.uk/benefits/universal-credit/before-you-apply/moving-to-universal-credit-from-other-benefits/
 

I would not meet the requirements for Carers allowance, as I earn too much (ironically)
 

You can work on Carer’s Allowance and are not that far off, if your son was awarded the middle or highest care rate for DLA. Those in receipt of CA are allowed to earn £120 a week after tax and expenses. The CAB can help on this too. The CA benefit is nothing to do with Universal Credit. And neither is the Child Benefit that you will be claiming.

I really think you would benefit from going to see the CAB asap and ask then to carry out a benefit calculation.