The financial requirement for a UK spouse visa and benefits application has caused difficulties for many couples over the last few years.
We frequently receive questions from potential spouse visa clients about disability benefits and how they impact the financial requirements. In this blog post, we aim to address some of these common inquiries.
What happens if my Sponsor receives a Disability Living / Carers Allowance benefit?
If the UK-based sponsor receives a specified type of disability benefit as outlined in the Immigration Rules, they are no longer exempt from the default financial requirement.
This means that the Sponsor would NOT need to show an income of £18,600 to sponsor his or her spouse.
Instead, there would be a requirement to show ‘adequate maintenance’ (discussed below).
What are the benefits that qualify for this exemption?
- Carers allowance,
- Disability living allowance,
- Severe disablement allowance,
- Industrial injuries allowance,
- Attendance allowance,
- Personal Independence Allowance (PIP),
- Armed forces independence payment,
- Constant attendance allowed, or
- Police injury pension
What is adequate maintenance?
Adequate maintenance refers to the financial stability of a sponsor to support their spouse and any dependents without relying on public funds.
There is no fixed requirement for this, and it can vary case-by-case. Your lawyer or adviser should be able to determine the best strategy to strengthen your case.
In general, you would need to show that your income (minus housing costs) is the same or more than the income support you would receive for a family of your size. For example, if you are sponsoring your wife/husband, and you don’t have any children, you would need to look at the present rate of income support for a couple and use this as a comparison.
Not sure where to begin? Our lawyers at Batley Law can look into your circumstances and provide tailored and specific advice.
FAQs
What illnesses qualify for disability living allowance?
Disability Living Allowance (DLA) doesn’t only apply to the physically disabled. It considers a variety of medical conditions including behavioural and mental health conditions as well as learning disabilities and developmental delays.
How much is disability living allowance?
You can get a DLA of £28.70 to £184.30 per week to care for a child with a disability or health condition.
Can I claim a carer’s allowance for myself?
A Carer’s Allowance can be claimed if you or the person you care for are already eligible for a Disability Living Allowance or something similar. And the person in question must be 16 years or older and require full-time care for at least 12 months. For those under the age of 16, you can get a Domiciliary Care Allowance instead.
How much is the carer allowance?
A carer’s allowance can be £81.90/week in the case that you care for someone at least 35 hours a week and they’re eligible for certain benefits.
How to apply for a carer’s allowance?
To apply for Carer’s Allowance, you must fill in an application form for Carer’s Allowance which you can get from your local Intreo Centre Social Welfare Branch Office or your local Citizens Information Centre.
