Hello
Guest

Sponsored Links


Topic: Confusing Question About Spousal Visa  (Read 602 times)

0 Members and 1 Guest are viewing this topic.

  • *
  • Posts: 3

  • Liked: 0
  • Joined: Oct 2016
Confusing Question About Spousal Visa
« on: October 31, 2016, 05:23:23 PM »
This is going to a complicated answer (at least i think it will).

I moved over to the UK on a spouse visa 28/4/15.

My wife is disabled is in receipt of DLA as well as other benefits. She is disabled and requires the help of carers during the day when I am at work. I have been working for over a year now.

I am not going to go into detail as the problems that we have had with social services and different care agencies over the past year. The short of it social services expected me to work full time and be a carer full time for my wife. Over the past a couple of different care agencies my wife has lost trust in the agencies providing care. From not showing up, to refusing to show up. There have been many times that I have had to come home from work during the day to fix the issues they have caused. I can tell the way the managers respond to me when I talk to them they are starting to get uneasy and unsure about the amount of times I have had to leave work for even a short time. We have tried the complaints procedure for the care agencies and that does not work. She has been messed around too much by them that she doesn't feel comfortable allowing another care agency in.

We would both like my to become her full time carer to give up work and be home all day. We know that I would not get paid for this as social services will not pay a relative of any type if they live in the same flat.

What we want to know would I still be within the rules of the visas if I were to give up work. I know that with my wife getting DLA that I am exempt from the finical rules and just have to prove adequate accommodation. The amount of benefits she receives would be enough to cover that. We want to make sure that would be acceptable to future visas.


  • *
  • Posts: 3118

  • Liked: 388
  • Joined: Feb 2010
  • Location: London
Re: Confusing Question About Spousal Visa
« Reply #1 on: October 31, 2016, 07:24:03 PM »
As I understand it, that would be acceptable.  So long as her benefits are sufficient to meet the requirement and she is only claiming what she (as a UK citizen) is entitled to (without additional benefits with regards to yourself), it does not matter if you are working or not.  You just need to be able to evidence that the amount she gets in benefits is enough to cover adequate maintenance, which is defined as.   

A - B > or = C
A minus B is greater than or equal to C

A:  Net income (after deduction of income tax and NI contributions)
B:  Housing costs
C:  The amount of income support a family of that size would receive


  • *
  • Posts: 3

  • Liked: 0
  • Joined: Oct 2016
Re: Confusing Question About Spousal Visa
« Reply #2 on: October 31, 2016, 10:13:50 PM »
The benefits she will get is the same amount she got before I moved over to the UK, it might be slightly less as I do now live with her.

All of the rent excluding £20 because i live here will be paid by housing benefit.
Full Council Tax
DLA (Higher Care Higher Mobility) £540 every 4 weeks
ESA(Includes Disability & Severe Disability Premier) was £353 every 2 weeks


  • *
  • Posts: 3930

  • Liked: 347
  • Joined: Sep 2014
Re: Confusing Question About Spousal Visa
« Reply #3 on: November 02, 2016, 01:13:17 PM »
It's hard to say as you don't know what her benefits will be in 2 years time when she needs to be able to sponsor you.

All of the rent excluding £20 because i live here will be paid by housing benefit.

HB has been frozen for 4 years from April 2016. If her rent goes up, any further shortage will have to be paid by her and reduce the spare money she needs to be able to sponsor you.

Full Council Tax

Is she still claiming single person 25% discount? Do they know you are living there?

Each council now decides who can have their CT reduced and who can't as they all now balance their own books. A change of policy within the council, or you moving to another area with a different council, could see this change in the future.

DLA (Higher Care Higher Mobility) £540 every 4 weeks

Unless she is in her 60s (whatever the age is) then at some point she will have to apply for PIP as DLA is being replaced by PIP. PIP has different requirements to meet for the levels of benefit amounts. Many who qualifed for the highest rate mobilty with DLA are not getting/saying they won't get thiis with PIP,  as they can walk or use a wheelchair. Has she looked to see what points she will get with PIP?

ESA(Includes Disability & Severe Disability Premier) was £353 every 2 weeks

I'm not sure if PIP points being reduced from DLA, will have a knock-on affect with ESA or trigger another medical? Don't those on ESA have to have medicals every so often to see if their claim changes?

You might need to go a benefits forum about your plan to stop working as they will have a better idea about what benefit amounts might change over the next couple of years. Make sure that you tell them that you cannot have public funds.
« Last Edit: November 02, 2016, 01:21:00 PM by Sirius »


Sponsored Links





 

coloured_drab