List for spouse visa - husband on disability

So let me get this straight and solid. My husband will have to provide me these:

Bank statements on his DLA - DLA reward letters proving he was awarded with DLA
Bank statements on his ESA - ESA reward Letters Proving he was awarded with ESA
Bank statements on his Housing Benefits - Proving he has Housing Benefits
Bank statements on his Council Tax Benefits - Proving he has such.

All of which dating at least 3 months back to prove he can support us.

My husband is making 75 a week on ESA, 98 a week on DLA, which goes up to 173 pounds per week.

Our son is a British Citizen by Descent - Husband is British, his parents were British (correct me if I'm wrong)

-Meaning he doesn't need a visa because he's a citizen because of his father, meaning we don't have to pay an extra 64.99 a week for him because he's already a citizen, and can claim benefits if chosen to do so. -

Since we're staying with his nan, and we want to be safe, we also need:

Her bank statements for the past 3 months
Her house deed - or something of the like to show she owns her house *which she does*

Proof that we won't be overcrowding her

Proof that we are married -

Marriage Certificate
Couple photos of us in person proving we've met in person

I believe I have to prove that our son is British, so on that part :

Our son's B.C, My B.C, and my husbands B.C
Sent into the Washington State UK in USA British Consulate for Registry of birth abroad *correct me if I'm wrong*

Then Apply for his UK passport, anddd wait.

We are currently applying for his US passport

If anyone else has something to add so I can send in my visa application correctly, feel free to jump in!!

Our son is a British Citizen by Descent - Husband is British, his parents were British (correct me if I'm wrong)

-Meaning he doesn't need a visa because he's a citizen because of his father, meaning we don't have to pay an extra 64.99 a week for him because he's already a citizen, and can claim benefits if chosen to do so.

I do not think this is the case. Under the "Old Rules" you needed to show an additional £64.99 for any child, regardless of nationality. It is only since July 9 that British citizen children get a concession.

I do not think this is the case. Under the "Old Rules" you needed to show an additional £64.99 for any child, regardless of nationality. It is only since July 9 that British citizen children get a concession.

Yes, this is true - under the old rules requirements ALL children count in the calculation, whether British or not. It's only under the new rules financial requirements that British children don't count.

So for the old rules (couple plus one child) it's:

- £111.45 + £64.99 = £176.44 per week after rent and council tax.

And for the new rules it's:

- £18,600 per year for the couple + £0 for any British citizen children

- £22,400 for the couple plus 1 non-UK child, then another £2,400 for each non-UK child after that.

So let me get this straight and solid. My husband will have to provide me these:

Bank statements on his DLA - DLA reward letters proving he was awarded with DLA
Bank statements on his ESA - ESA reward Letters Proving he was awarded with ESA
Bank statements on his Housing Benefits - Proving he has Housing Benefits
Bank statements on his Council Tax Benefits - Proving he has such.

All of which dating at least 3 months back to prove he can support us.

Surely all of these will be on the same bank statements?

So it will be: one set of bank statements showing DLA, ESA, housing benefit and council tax benefit payments for each month, as well as all his transactions for everything else each month. The statements must be original, or if not, stamped and signed by the bank on each page of each statement.

My husband is making 75 a week on ESA, 98 a week on DLA, which goes up to 173 pounds per week.

Our son is a British Citizen by Descent - Husband is British, his parents were British (correct me if I'm wrong)

-Meaning he doesn't need a visa because he's a citizen because of his father, meaning we don't have to pay an extra 64.99 a week for him because he's already a citizen, and can claim benefits if chosen to do so. -

As has been said, your son is British, so won't need a visa. However, you do have to show the £64.99 per week for him.

So, you are still those £3 short that you originally posted about - the responses about your son being British have nothing to do with the extra £3... you still have to show you have it.

What you are actually showing is the amount of income support (benefits) that a couple plus one child receives from the government each week after rent and council tax. A couple gets £111.45 per week from the government and a child gets £64.99 per week from the government (these figures will increase in April, so only apply to applications made before April 2013).

Her bank statements for the past 3 months
Her house deed - or something of the like to show she owns her house *which she does*

Proof that we won't be overcrowding her

You only need her back statements if she will be meeting the financial requirement instead of you - you would need to include evidence that she has the £176.44 each week to support you after paying all of her own living expenses.

If she is not supporting you financially, you do not need to send any of her bank statements (as they will not even be looked at).

For the accommodation support:

- She will need to write and sign a letter stating that she is giving you permission to stay with her, stating how many rooms she has (for the overcrowding bit) and stating how much she will be charging you (if anything) to live with her.
- You also need to include the deed to her house (and mortgage statements if she has a mortgage still) and the land registry document (this may be the same document as the deed).

Our son's B.C, My B.C, and my husbands B.C
Sent into the Washington State UK in USA British Consulate for Registry of birth abroad *correct me if I'm wrong*

You will need these for your son's UK passport application, but not for your visa (just to clarify in case you thought you needed to send BCs for the visa app, which you don't).

I do not think this is the case. Under the "Old Rules" you needed to show an additional £64.99 for any child, regardless of nationality. It is only since July 9 that British citizen children get a concession.

Fair enough, thats just fine

Surely all of these will be on the same bank statements?

Yeah, you're right, I wasn't thinking. Only problem with that, is his mother is in charge of his finances, and, daft as it is, lately she's been mixing her income with his. An original bank statement will surely show his income be like "ESA - 75 pounds" or something, right?


[/quote]So, you are still those £3 short that you originally posted about - the responses about your son being British have nothing to do with the extra £3... you still have to show you have it.[/quote]

At the moment, I have to guesstimate how much hes getting. He said before he came to the states he was making 156 every 2 weeks, which adds up to 78 pounds every week, but that still leaves us 44 pence short, correct?

(Small question, will they throw a fit over 44 pence?)

And referring to the 'small question', would it be a good idea to either:

Ensure them that I will be taking up employment as soon as I'm allowed through

                                    OR
Show them a bank statement showing my nan surely has 44 pence to spare



[/quote]A couple gets £111.45 per week from the government and a child gets £64.99 per week from the government (these figures will increase in April, so only apply to applications made before April 2013).[/quote]

Will our application become invalid if by the time we get the visa, and we only show 64.99 as needed at the moment??

[/quote]You only need her back statements if she will be meeting the financial requirement instead of you - you would need to include evidence that she has the £175.44 each week to support you after paying all of her own living expenses.[/quote]

If I'm not correct, that's 176.44 a week - right? Just double checking.

At the moment, I have to guesstimate how much hes getting. He said before he came to the states he was making 156 every 2 weeks, which adds up to 78 pounds every week, but that still leaves us 44 pence short, correct?

What about the other £100 each week? If he only has £78 every week, you will be £98.44 short.

You need £176.44 per week available (£352.88 every 2 weeks, £764.57 per month).

And referring to the 'small question', would it be a good idea to either:

Ensure them that I will be taking up employment as soon as I'm allowed through

                                    OR
Show them a bank statement showing my nan surely has 44 pence to spare

Without an official job offer confirming start date and salary for you, it's not really going to help the application. Just because you say you will work when you get here doesn't guarantee that you actually will find work - jobs are still hard to find at the moment (it took me over 2 years to find a job during the recession and I have masters degrees in physics and geophysics), so although they will consider that you will look for work, they still need cold, hard evidence that you will have that money available to you and in his/your bank account.

In general, if his nan will be providing support, she would need to show the whole amount of £176.44, not just the extra 44p, but they may consider her statements as well.

Do you have any savings at all? If so, you can put these towards the requirements to make up the difference (i.e. divide what you have in your account by say 6 or 12 months and see how much that is per week).

Or, if you were to get a gift of money from someone (i.e. a relative), you could use this too, as long you explain the transaction and they write a letter confirming that it is a gift and does not need to be repaid.

Will our application become invalid if by the time we get the visa, and we only show 64.99 as needed at the moment??

What do you mean?

You need to show that all the money (£176.44 per week) is available to you on the day you apply and you have to show evidence you will continue to have all the money available each week for the indefinite future (i.e. confirmation from the council that the benefits will continue to be paid after you move).

If I'm not correct, that's 176.44 a week - right? Just double checking.

Yeah, sorry - I've already corrected it in my post... I was typing fast when I wrote it (although you can calculate it yourself to make sure - just add £111.45 and £64.99 together ).

What about the other £100 each week? If he only has £78 every week, you will be £98.44 short.

That's my bad, was really late lastnight when I posted He also has on his DLA - 98 pounds a week.

You need £176.44 per week available (£352.88 every 2 weeks, £764.57 per month).

With that one, I don't know if you recorrected that, but that would be 352.88 every 2 weeks, 705.76 every month, right?

Without an official job offer confirming start date and salary for you, it's not really going to help the application. Just because you say you will work when you get here doesn't guarantee that you actually will find work - jobs are still hard to find at the moment (it took me over 2 years to find a job during the recession and I have masters degrees in physics and geophysics), so although they will consider that you will look for work, they still need cold, hard evidence that you will have that money available to you and in his/your bank account.

Fair enough, Thank you for answering that

In general, if his nan will be providing support, she would need to show the whole amount of £176.44, not just the extra 44p, but they may consider her statements as well.

So it would be okay to include both my husband's, and his nan's bank statements to cover anything we may miss, or lack just in case, right?

Do you have any savings at all? If so, you can put these towards the requirements to make up the difference (i.e. divide what you have in your account by say 6 or 12 months and see how much that is per week).

I don't have any saving's right now, but if I get the visa I plan on selling my car, and I have a buyer for about $2,000 - $3,000 (not sensible to sell it if I don't get the visa)

What do you mean?

I mean, if by April, say the visa is granted and everything goes through, if they decide to change the immigration laws on children, would we have to adjust to those new laws??

The money you get from your car won't be counted unless you sell it in advance of the application.

If your visa is issued, changes won't affect you. They don't take your visa away once it is issued.

The money you get from your car won't be counted unless you sell it in advance of the application.

If your visa is issued, changes won't affect you. They don't take your visa away once it is issued.

Fair enough on the car situation, and GOOD!

So it would be a good idea to just go with showing both my husband's, and his nan's bank statements that way I'm covered on both, yeah?

Furthermore, my husband stated that since our DS is a Brit himself, would he be able to claim child tax credit for him while he's here in the U.S to add to the application?

Random question

That's my bad, was really late lastnight when I posted He also has on his DLA - 98 pounds a week.

With that one, I don't know if you recorrected that, but that would be 352.88 every 2 weeks, 705.76 every month, right?

My turn to apologise - I wrote that just before I went to work this morning and did the calculation really quickly (after only about 5 hours of sleep).

You're right - £705.76 per month (being a scientist, I'm normally much better at math than this - my only excuse is that I was tired and in a hurry:P).

So it would be okay to include both my husband's, and his nan's bank statements to cover anything we may miss, or lack just in case, right?

It would be okay, but just be aware that they may not consider both.

I don't have any saving's right now, but if I get the visa I plan on selling my car, and I have a buyer for about $2,000 - $3,000 (not sensible to sell it if I don't get the visa)

Unfortunately, as geeta said, this won't count at all for the application unless you have already sold the car before you apply and have evidence that the money from the sale is in your bank account and is immediately accessible to you.

I mean, if by April, say the visa is granted and everything goes through, if they decide to change the immigration laws on children, would we have to adjust to those new laws??

Firstly, once your visa has been granted, nothing will change the validity of it (unless UK immigration determine that you obtained the visa illegally/fraudulently and decide to revoke it).

Secondly, the immigration laws on children's visas are not likely to change in April - the big change in July was months in the making (we knew about a year in advance that new laws were going to be introduced). The only thing that UKBA might change is the cost of the visa application (as the fees normally increase in April each year).

I mentioned that the figures of £111.45 and £64.99 per week were only valid for applications until April 2013, but that's only because the income support and benefit allowances increase in April every year (your husband's DLA and ESA etc. should increase in April 2013 as well), and you have to meet the amounts that are valid at the time you apply.

For example, between April 2011 and April 2012, you had to show £105.95 for a couple plus £62.33 per child per week. For the April 2012/April 2013 financial year, this increased to £111.45 for a couple and £64.99 per child (you can see all the figures here: http://www.focusondisability.org.uk/brates-1.html - your husband's 2011/12 and 2012/13 DLA and ESA amounts will be listed here too).

Furthermore, my husband stated that since our DS is a Brit himself, would he be able to claim child tax credit for him while he's here in the U.S to add to the application?

No, he cannot claim child tax credit until the child is living in the UK.

So you won't be able to include it in the visa application unless your son moves to the UK without you and you wait to file your visa application until your husband has started claiming the child tax credit for him and has the paperwork to prove it.

How can he use his Nan's bank statements if 3rd party support is no longer allowed?

How can he use his Nan's bank statements if 3rd party support is no longer allowed?

If you check the requirements that people on DLA have to meet (listed in chapter 8 of the IDIs), it says that they can use money from a third party if they need to... So the old rules still apply and third party support should still be allowed in this situation.

This is what I read-



Am I looking in the wrong place?