List for spouse visa - husband on disability

I believe Appendix FM is the section for regular applicants that apply under the new rules.  As people on DLA apply under the old rules, this does not apply to them.

I believe Appendix FM is the section for regular applicants that apply under the new rules.  As people on DLA apply under the old rules, this does not apply to them.

Exactly - Annex FM is for people applying under the new rules... and the new financial rules prohibit third party support.

However, because your husband is on DLA, the new financial rules do not apply to him... and it states that he must instead abide by the old financial rules, which do allow third party support.

This is the part I was referring to, which is on page 11 of Annex FM 1.7, under the DLA exemption section:

3.6.2. The evidence needed to demonstrate that the applicant’s partner is in receipt of a specified benefit is specified in Appendix FM-SE of the Immigration Rules:

12. Where the applicant's partner is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit or Attendance Allowance, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions confirming the entitlement and the amount received.
(b) At least one personal bank statement in the 12-month period prior to the date of application, showing payment of the benefit or allowance into the person's account.

3.6.3. The applicant will not need to meet a minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. The relevant guidance is set out in IDI Chapter 8 section 1.7a. This does not allow the applicant to rely on promises of third party support or prospective employment or job offers.

Now, if you look at IDI Chapter 8, Section 1.8 (I think they've labeled this wrong above and it should be because 1.7a is about Domestic Violence, while 1.8 is about financial maintenance  ), which can be found here: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/, it says:

5.1. Assistance from other sources

A couple or other applicant who is/are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple/ applicant until they are able to support themselves from their own resources. Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK. The caseworker will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he/ she can be adequately maintained in the UK without recourse to public funds. The caseworker may request evidence (e.g. original bank statements over at least three months) of the third party’s assets.
It is open to the caseworker to ask a third party offering long-term support to become a joint sponsor and to give an undertaking (under paragraph 35 HC 395) to underwrite his commitment. Please see IDI chapter 1 Modernised Guidance “Public Funds” (section entitled “Maintenance undertakings”) for more information.

Thanks KS I couldn't find the old rules anywhere.
Since 3rd party is allowed-Is there a form that should be filled out with the 3rd party support's info?

Nope, no extra form. You just fill out the relevant sections in the printed Annex 2 when you fill out the application and include the documents. It can also be mentioned in your fiance's sponsor letter. The sponsorship undertaking form that you may see mentioned is not required-it is only for specific exceptional circumstances.

Okay, so would the list look like this?


Bank statements confirming DLA, ESA, Housing Benefits, and Council tax - idk how many
Bank statements from his nan confirming she can support us - idk how many
Marriage certificate - Confirming marriage
A couple pictures of us together in person - just to solidify the marriage part
Passport
Son's UK, and US passports - Both I'm assuming?
My birth certificate -  idk???
My social security card - idk??

Letter from his nan that includes inviting me and my son to join my husband at her house until we can stand up on our own two feet and support ourselves

..idk my minds a little foggy, is there anything I'm missing?

I'm pretty sure you won't need your birth cert, or social.
However many bank statements ur husband sends, I would send the same amount of statements for the 3rd party.
For those on benefits, they only require One month worth to show the benefits are being recieved. I intend on sending 3. And Since we can use 3rd party support, I'll send 3 of his parents as well.
Is it best to include a letter from the 3rd party support stating they are more then happy to help financially?

I'm pretty sure you won't need your birth cert, or social.
However many bank statements ur husband sends, I would send the same amount of statements for the 3rd party.
For those on benefits, they only require One month worth to show the benefits are being recieved. I intend on sending 3. And Since we can use 3rd party support, I'll send 3 of his parents as well.
Is it best to include a letter from the 3rd party support stating they are more then happy to help financially?

I believe it's mandatory to send a letter from the 3rd party of support confirming and inviting you to stay with them, stating what they will provide you with and for what time period - thats how I understand it

Plus proof you can live there such as land registry documents, mortgage statements or if they don't own house letters from landlord or council granting permission to live there. I think you'll need to tell them how many rooms there are too.

Don't you also need more proof of the benefits, like awards letters?

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Would it be better to apply online or how does that go?

You must apply online; there is no other option.

why?

Bank statements from his nan confirming she can support us - idk how many

The same number as you send of yours and your husbands' statements - must be a minimum of the latest 3 months, preferably 6 months, and the latest one should be dated no more than 30 days before your online application date.

Son's UK, and US passports - Both I'm assuming?
My birth certificate -  idk???
My social security card - idk??

You don't need any of these.

Your son has nothing to do with your application because he is a UK citizen... therefore you don't mention him other than in your financial calculation (£111.45 + £64.99 per week), and you don't include any documents for him.

Your birth certificate and SS card are not required at all ... your passport is the only ID document you need to send (and it is mandatory because that's where they put your visa).

Letter from his nan that includes inviting me and my son to join my husband at her house until we can stand up on our own two feet and support ourselves

You also need proof of her home ownership - for example, mortgage statements if she has a mortgage, and the land registry documents... these must be original.

The letter needs to include her invite for you to stay, as well as information about any money she will (or won't) be charging you to stay and also confirming that the home will not be overcrowded with you living there too.

why?

Because they will not accept paper applications in the USA.

See here for how to apply in the US: http://www.ukba.homeoffice.gov.uk/countries/usa/applying/?langname=UK%20English.  

You can look at the paper form for reference (the VAF4a), but if you are applying in the US, you must apply online - it's the only way to do it, and it's the only way you can pay for the application and book your biometrics appointment.

The process is:

- Collect all your supporting documents, making sure everything is original, and make photocopies of everything

- Fill out the online application (this can be saved as you go)

- Submit the online application... when you submit it, you will be prompted to pay and to book a biometrics appointment

- Print out your completed application and biometrics appointment confirmation

- Print out Appendix 2 and fill it in (the financial and accommodation details for the application

- Attend the biometrics appointment, taking with you your passport and the printed appointment confirmation letter (they will stamp the letter and give it back to you)

- Put the stamped appointment letter with your printed application form and Appendix 2, and all your supporting documents and mail them to the UK consulate in NYC (if you want to purchase priority processing for $300 you can do this on the Worldbridge website just before you mail it)

- Wait for the visa to be processed

 Financials
- Bank statements confirming ESA, and DLA
-award letters
-Letters confirming Council tax and Housing benefit
          i - Bank statements from his nan/friends confirming totals
                                                                                                                                                                                                                                                                                                                        2 recent passport photographs and
evidence of your age and your partner's age
your marriage or civil partnership certificate
evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership
evidence that you have met

                                                   Accommodation
Deed from his nan to prove  she owns the house, showing she has enough room for us to live there







So after reading the posts overand over and talking to my husband, this is what we need, right?

That's pretty much what you need, although you've just quoted what's on the website in terms of what you need to prove - you haven't actually stated what documents you will be sending to meet these requirements, so it's hard for us to say whether you have remembered everything (I've added the documents you should be including for this):

2 recent passport photographs and
evidence of your age and your partner's age
your marriage or civil partnership certificate
evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership

So for these, you need to send:

- 2 passport photos
- your passport
- your husband's passport (or a certified copy of his passport page, or a regular photocopy PLUS his long-form A4 size birth certificate)
- your marriage certificate
- any divorce decrees if either of you have been married before

evidence that you have met

For this part, you send a photo or two of you together.

You can also provide evidence of boarding passes etc. to show trips to see each other, and also evidence of how you keep in touch while you are apart (especially if you have been apart for a while since the wedding) - such as, phone bills, screenshots of your email inbox showing that you email regularly (not the emails themselves, just the inbox showing a list of them), screenshot of Skype chat logs etc.

                                                   Accommodation
Deed from his nan to prove  she owns the house, showing she has enough room for us to live there

You also need to provide a letter from her as well giving you permission to live there and confirming that the home will not be overcrowded.