Freedom Pass Eligibility

I found out today that I may be entitled to a Freedom Pass for TFL. I wasn't sure, since my mobility is still high, but members of the MS society seem to think that people like me are eligible, due to the inability to walk long distances/tiring easily.

My question: Does anyone know if you can get a freedom pass under a Spousal Visa? Or would I have to wait for ILR/Citizenship? I can't find any stipulations about this, but I just want to be sure before I bother going to the council office. Thanks! 

After a bit of digging it looks that you may be fine with the Freedom Pass:

Eligibility for Transport for London ‘Freedom Passes’

There has been some inconsistency in the interpretation of eligibility for Transport for London ‘Freedom Passes’ across London local authorities. Those with no recourse to public funds (NRPF) however face no specific restrictions on access to Freedom Passes for use on London’s transport network because of their immigration status.

Section 240 of the Greater London Authority Act 1999 outlines the conditions under which the Transport for London ‘Freedom Pass’ is issued. The eligibility criteria are set out in section 240(5) of the Act as amended by the Transport Act 2000 and the Travel Concessions (Eligibility) Act 2000 (see http://tinyurl.com/d5o487).

Section 240 Greater London Authority Act 1999 is not included in the restrictions to support outlined in Schedule 3 of the Nationality, Immigration and Asylum Act 2002. Nor is any immigration test applied under the Transport Act 2000. Freedom passes are not included in the definition of ‘public funds’ in the Immigration Rules, which are the basis of the NRPF condition.

What does this mean?

People with NRPF being supported by a local authority are eligible for a Transport
for London ‘Freedom Pass’ if they meet the eligibility criteria as set out in Section 240 of the Greater London Authority Act 1999.

As long as the issuing authority does not consider it public funds then you're fine:

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

If you have been given permission to live in the UK, this permission may include the condition that you have 'no recourse to public funds'. If so, you will not be able to claim most benefits, tax credits or housing assistance that are paid by the state.

However, there are exceptions for some benefits. If you are in any doubt, you should contact the department or agency that issues the benefit. This will often be the Department for Work and Pensions or HM Revenue & Customs.

Give it a go, I don't see any issues regarding future visas.

Thanks a lot, Weby! Great news. Worst thing that can happen is they say no. Best case scenario, I save hundreds of pounds a month in travel.

Just wanted to put an update here:

We went to the council office on the 8th to apply. Had a wonderful lady who did my assessment. Ordinarily people look at me and I can tell they are thinking "You are so not disabled," but she listened to me and seemed genuinely concerned, and was very helpful. It took about 2 weeks to process the paperwork, and then I was told that I was approved and brought in my additional paperwork. They were a bit unsure if I was eligible based on my spousal visa, so they spent about 45 minutes calling around and researching, but eventually determined that I could have it! Took my letter to the post office, they sent it off, and my Freedom Pass should be coming in the mail within 2 weeks!

Thanks for your research, Weby! They could use someone like you there. Would have found their answers much more quickly.

Aww...you're welcome! I love to research so thank you for the compliment. I'm glad that you're going to be able to save some money on travel costs.

That is one of those things about MS (and many other health issues) - people say "But you look fine!" and have no idea how much faster you can run out of energy, what kind of issues may occur with balance and how bad overheating can affect your stamina and coordination. I'm glad they got that sorted out for you quickly and you'll have your pass soon.

That's really good PL!

And wow, it came in the mail today! It took less than a week.

That is one of those things about MS (and many other health issues) - people say "But you look fine!" and have no idea how much faster you can run out of energy, what kind of issues may occur with balance and how bad overheating can affect your stamina and coordination. I'm glad they got that sorted out for you quickly and you'll have your pass soon.

It's so true. At the end of the day my fatigue can be very bad. I get very frustrated on the busy tube when there are no seats. Since I don't LOOK disabled, no one's gonna offer me one of course! But the freedom pass is gonna make a big difference. I can take whatever route is easiest without worrying about the costs. So glad it's all sorted and done!

And wow, it came in the mail today! It took less than a week.

Yea!!! Congratulations!

Yea!!! Congratulations!

Thanks!