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The financial requirement for a spouse visa application has caused difficulties for many couples over the last few years.

We are often asked the question by potential spouse visa clients, relating to disability benefits, and the implications of this in relation to the financial requirement. We try our best to answer some of these questions in this blog post.

What happens if my Sponsor is receiving a Disability Living / Carers Allowance benefit?

If the UK based sponsor is in receipt of a disability benefit of a type that is specified in the Immigration Rules, you are exempt from the default financial requirement no longer applies.

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?

There is no hard and fast rule, and this will be worked out on a case-by-case basis. Your lawyer or adviser should be able to work out for you.

In general, you would need to show that your income (minus housing costs) is the same or more that would be received on income support for a family of your size. For example, if you are sponsoring your wife/husband, and you do not have any children, you would need to look at the present rate of income support for a couple, and use this as a comparator.

If unsure, our lawyers at Batley Law can look into your circumstances and provide tailored and specific advice.

Waseem Nazir photo

By Waseem Nazir

Waseem Nazir is one of the specialist immigration lawyers at Batley Law. If you would like to speak to Waseem or any of our team, you can fill out our contact form and one of our team will be in touch.

The Law Society - Immigration & Asylum

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