Thomas Chase Q&A: Spouse visas and Disability Living Allowance
We received a query from an applicant who wished to apply for a spouse visa to join her husband (her sponsor) in the UK. Her husband was in receipt of Disability Living Allowance and she had reservations as to whether they could even meet the financial requirements.
The good news is, where a person is in receipt of Disability Living Allowance, they will be exempt from meeting the strict income provisions under the financial requirements.
This applies also to:
- Carer’s Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance or Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance
- Mobility Supplement or War Disablement Pension under the War Pensions Scheme
The applicant and sponsor must provide the following documentary evidence in support of the application:
- Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received
- At least one personal bank statement in the 12-month period prior to the date of application. The bank statement should show payment of the benefit or allowance into their account.
The relevant guidance is set out in IDI Chapter 8 section 1.7a.
However, the applicant and sponsor must go on to provide evidence that they can adequately maintain and accommodate themselves without recourse to public funds or additional benefits.
Should the visa be extended from within the UK, the applicant will be exempt from meeting the minimum income requirements unless her sponsor ceases to be entitled to or is no longer in receipt of Disability Living Allowance.
The applicant was pleased to receive the above guidance and is now in the process of gathering further evidence to support the application.
If you would like us to assist you with your UK spouse visa application, get in touch via email at info@thomaschaseimmigration.com.
We look forward to working with you!
Update:
New claimants of Disability Living Allowance must now apply for Personal Independence Payment (PIP) unless the claimant is a child under the age of 16. For details about PIP, contact the PIP Helpline on 0800 917 2222.
Call to action
If you would like further guidance or assistance with an application for a UK spouse visa, contact us at Thomas Chase Immigration to arrange a consultation. Or learn more about immigration from our blogs.
You may also like: What are the requirements for a UK spouse visa?
72 Comments
Fazel
Im pn pip enhane and esa 1168 a month and 1 bed flat in harrow is 1490 wich i pay 200 from my pocket can i apply visa flor my wifeo
Demetra
Hi, I applied for a fiance visa that luckily I got! I was exempted to show my financial requirement for my first visa as my sponsor fiance gets benefit. What happens after when I will switch my fiance in spouse, me and my husband will be both exempted to show the financial requirement and if I am not able to give the proof, I have to get back in my country or I can stay and maybe get my spouse within the 10 years rule? Thanks
Raju das
Hi, this is regarding spouse visas for my mother my father live uk last 30 years mentally disabled health issues and receive DLA on his behalf. my mother live india she applied uk spouse settlement visa 2012 and she got visa refused and reappeal also refused now my father are so illness and heart attack recently lookafter my aunty and uncle how can go my mother and live with my father and lookafter please suggest me
Samz
Dear Thomas,
I need your help. My dad is British citizen, he is on the recipient of ESA only, he is having multiple health problems. He wants his partner to be here in UK.
I want to know can he apply for his wife on ESA basis, or , if any of us (his children) can sponsor our step mom (showing adequate maintenance)??
Kindly guide. We need help.
Many thanks
Humaira beg
Hi I wanted to know if fast track is available from Pakistan, as I wanted to apply for my husbands visa and I didn’t want to wait for a long period off time as I have had a stroke and live alone and having my partner with me will be a great help
Shabana
Hi my husband went for his bio on the 28 may in mirpur and was available
Benjamin Digby
Hi there!
I am in receipt of Personal Independence Payment (PIP) and would like to get my fiancée on a Spouse Visa after we get married in August.
I currently do not earn enough to meet the adequate fund requirement, but I will earn enough soon for a short period of time.
I will start a temporary role from 6-9 weeks in the summer which will earn enough and after that I will get a student bursary for around 3-4 months.
Both of these will earn enough but I was wondering if the temporary nature will stop me getting a Spouse Visa until I can secure permanent employment. Please advise!
Rani
Hi
If your in receipt of PIP you are exempt from the fixed amount income. You have to send current PIP entitlement letter and bank statement with it coming into your account
Ahsan
Hy I receive carer allowance and getting universal credit and want to apply for my wife does I need minimum income requirements
Thomas Chase
Hello Ahsan,
There the applicant’s partner is in receipt of certain State benefits or allowances such as Carer’s Allowance, the applicant will not be required to meet the financial requirement.
Instead, the applicant and sponsor must provide evidence of “adequate maintenance”. Details can be found above.
Please feel free to contact us on +44 (0) 203 488 1061 to find out how we may help smoothen the application process.
Shabana
U need 114 around that much left every month after your expenses
Sam ali
Hi
I just wanted to find out inregarders to a spouse visa I am currently in receipt of universal credit receiving additional payment for esa due to health issues I am receiving pip at a standard rate. I have council accommodations cost covered by my benifits.
Am I able to go ahead with putting in a application for a spouse visa in these circumstances
Rebecca Cline
Hello,
My fiance is a UK citizen (England) and is a carer for his sister and thus receiving Carers Allowance he is also receiving Housing Allowance and Standard Allowance. I will be fully able to work once I am there with a spouse visa, but I’m wondering how his benefits would be affected as he would be considered my sponsor?
Thanks!
Thomas Chase
Hello Rebecca,
If an applicant’s partner is in receipt of certain State benefits, or allowances, the applicant will not need to meet the financial requirement by way of income.
Instead, the applicant will need to provide evidence of “adequate maintenance”.
The qualifying benefits and allowances are:
• Carer’s Allowance
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• Attendance Allowance
• Personal Independence Payment
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
• Police Injury Pension
This also applies if the applicant’s partner is in receipt of one of the above on behalf of their child.
There are number of documents to be provided and we will be happy to give guidance over a telephone consultation or assist you with the application.
Hope this helps!
Saf
Hi
I am receiving disability living allowance on behalf of my 10 year old son from my first marriage.
I don’t receive carers allowance as I am working part time .
Would I be able to apply for my wife’s visa on these circumstances.
On the home office website it does clearly state – if the applicants partner is in receipt of Dla on behalf of their child .
But I believe this is not mentioned in the immigration law.
Please could you advise on this .
Regards
santanu das
HOW MUCH MONTHLY DLA Benifit
Shabana
Hi so I recieved universal credit and high rate pip I applied august so was backdated can’t work as I have kidney illness,I want to know would I be able to use 1 month of bank statement or 3 or 6 as a lot of confusion regarding this.and what if someone is on carer allowance working part time and get universal credit how many months bank statement do they show?
Thomas Chase
Hello Shabana,
An applicant will meet the financial requirement, through the adequate maintenance route, if the sponsor is in receipt of PIP or Disability Living Allowance.
In support, the sponsor will be required to submit evidence of the PIP payments being made by the Department of Works and Pensions (DWP), by way of an official letter. They must also provide evidence of having received the payments in their bank account or building society account.
For the latter, the UKVI Guidance of December 2020, states that at least one personal bank statement, dated within a 12-month period prior to the date of application, must be submitted.
Where the person is not in receipt of PIP or other qualifying State benefits, the applicant must instead provide evidence of savings, or of the sponsor’s income ,covering a period of 6 months. Much will depend on the individual circumstances, so it may be prudent to seek guidance.
We would be happy to arrange a telephone consultation (see our Contact Us page) or support you with the application.
All the best.
Jill lyndsey
Do you losing housing benefit if you sponsor spouse to come to Scotland
Kiran
Hi this regarding y friend isBritish citizen and she get higher rat of pip and uc and additional benefits and her partner is over stay and they just resubmitted a fresh application on the ten year route and change circumstances how successful is the application regards kiren
Rizwana
I am 24 years old. I am going to marry in october. I am receiving pip and job seeker. My pip comes into my mothers account as she is my carer as well. I just need to know can i sponsor my husband as he is in pakistan. And what i need to do? Pip should come into my account? I live with my mother. We owned our house. So i want to ask will it be easy to get my sponsor visa. Because i heard that it usually refuses due to benefits.
Many
Pip and other benefits must go in your own bank account, your mother must claim carers allowance and that can go in her bank account
Yana L
if you know something about it, let me know please((( My husband has PIP hightest rate and unfortunately my spouse visa refused cause he cant work, has PIP and UC((( have no idea what to do
Bianca
May i know how much your husband is getting with PIP and UC..thank you..
Yana L
about 390ponds of PIP and 1801pounds of UC
Shabana
Why was it refused what reason did they give u
Melanie
Can anyone please explain why esa has been left off the exemptions list. My fiance got refused last year sadly we did it all on our own and did our best with all evidence etc..it was a family settlement visa we applied for..did we apply for the wrong one?.im back home now and cant go back to visit like everyone else . I miss him so so much. We wanted to get married aswell there aswell this year..planning that..i feel it will all never happen..Its just not worth applying again is it..its so expensive aswell. Its so so sad putting a price on true love they dont beleive aswell..😥😥💔
Weliz
Hi Melanie
Sorry to hear that 😞 I’m afraid but I think you applied for the wrong visa, family settlement visa is when they are married, my friend’s gf came to the UK on her visitor visa and stayed 3 months, but if you are planning in getting married the right visa is fiance visa. I’d recommend you to contact citizens advice.
Imad hach
My wife from uk she gets pip and UC and housing benefit her 2 sons get pip and esa and esa premium as all 3 in household gets pip. If she gets me visa to join her in uk will benefits be affected espically her sons who get the premium she seems to think they will loose income by me going to uk.
Please can u confirm either way
Thankyou
Weliz
Hi Imad hach
I’d suggest you to contact citizens advice, they help a lot, the only thing I can say is some of the benefits are affected when the partner move in.
Shameem
Hi My son is on PIP and universal credit. He is not required to work due to his disability. How much does he have to pay in immigration fees to apply for his spouse to come to the uk?
Many Thanks
Thomas Chase
Hello Shameem,
An applicant will be exempt from meeting the minimum income requirements, where the sponsor is in receipt of PIP.
However, the applicant will still be expected to pay the full UKVI application fees and Immigration Health Surcharge.
An Immigration Health Surcharge calculator can be found here: https://www.gov.uk/healthcare-immigration-application/how-much-pay.
All the best.
Shamsuddin
Hi Sir,
My wife got DLA and UC and ESA, I have a daughter. My daughter get child benefit and child tax. Before social workers took my daughter when i was in my country. Now I’m in UK. High court give me my daughter back and told me I’m main carer. Now I can’t work cause all time i need to look after my wife and my daughter. Now I apply for extension visa. My Visa was 5 years route. If i don’t show the job they will give me 10 years route?
Matt Allen
Hello Thomas,
I am glad to read your article and have found it very interesting.
I am in receipt of PIP, ESA and UC, my question is this;
Where it says that the applicant would not be able to access public assistance (such as benefits etc.) I would obviously still be claiming these benefits myself including the housing part of UC. That being the case UC would pay the money for my rent but my wife would also live at the property obviously, is that ok? Or would I need to fund her half of the rent (if that makes sense?).
Best regards
Matt
Thomas Chase
Hello Matt,
Thank you for your positive feedback.
Unfortunately, we cannot provide specific advice in this forum.
In general, the sponsor may continue claiming benefits or State funds. However, the sponsor must ensure that they will not require additional State funds in order to support their non-EEA partner.
Nor can the sponsor’s non-EEA partner claim State funds in their own right, once in the UK.
We hope this helps.
All the best.
Peter anderson
Hi , I’m a british citizen and I’m married to my filipna wife 5 years now in a full church wedding we also have a daughter, I’ve returned to the UK as I’ve fell ill the last 6 months I’m receiving PIP due to heart complications but my family are still in the Philippines naturally I’m missing them dreadfully and I’m to poorly to travel back there. What are my options to possibly get my wife and child here , and could my wife act as my care provider?
Thank you Peter
Thomas Chase
Hello Peter,
A British national in receipt of PIP may sponsor their non-EEA partner’s application for a spouse visa.
In such cases, the applicant and sponsor will be exempt from meeting the minimum financial requirement of £18,6000 p.a.
Unfortunately, once in the UK, your wife would not be entitled to claim State funds.
You may wish to contact The Carers UK Adviceline. They can help you assess your options.
The Carers UK Adviceline can be reached on freephone: 0808 808 7777 or via advice@carersuk.org.
All the best.
Khaled 8⁷
Hi I’m in standers pip mobility can I bring my wife from Africa did the PIP help me and my two daughters are British citizen but they live in Africa what help can I get plz
Toni
Hello thomas.
My wife is a british citizen from the uk. She live with her adult son (british) she is on PIP and ESA.
If i apply for spouse visa will that affect to her or her son benifits and housing benifits?
Mel
Very similar im on esa and now pip esa is currently not on on the exemption list of which i cant get any answers why but pip is im wanting to reapply for my sponsor my fiance to come live with me but cant afford to just take the chance again and lose lots of money..
Melanie
From one mel to another..
Ohhhhh its horrible huh…but you are the first person ive heard like me questioning why esa is not on the list…somethings very wrong here it should be on it grrrrrr lol
No one seems to know and its so unfair. We want to apply…again!! But just dont know what to do coz of this flipping esa…i cant afford a lawyer…good luck mel x
Blessing
Hi Thomas
My husband is a British citizen,he receives pip and esa,I’m in Africa presently,we are on the process of him bringing me to the UK but I was told the processing takes 6months..I thought it usually 3months??
Thomas Chase
Hello Blessing,
UK spouse visa applications (also referred to as settlement visas) are normally processed within 12 weeks.
See the following UKVI link for details: https://www.gov.uk/government/organisations/uk-visas-and-immigration/about-our-services.
Nagham fayad
Hello thomas, my husband is getting the higher rate of PIP and ESA
I came to london 25/4/2014 and in november 2016 my husband was part time so I applied for extension and they extend my visa till 22/7/2019
I applied 26/4/2019 for indefinite leave to remain because my husband is getting PIP since 2017 but last week I receive the decision and they refused my ILR they said i should wait till my route is 120 weeks and they want to extend my visa 2 years and a half and they asked me to pay £1000 for IHS
My question is it right that am not entitled now for ILR even if my husband is getting PIP?? And if this is the case
We dont have exemption from paying the extension visa fee??
Thanks in advance
Thomas Chase
Hello Nagham,
A person may apply for a spouse visa, and extend their spouse visa, where they are in receipt of PIP or DLR.
The applicant and sponsor will not have to evidence that they meet the minimum income requirements and will likely be granted leave under the 10 years’ route. Though, the applicant will still be expected to pay the Home Office application fees.
Hope that helps. If you would like specific advice based on your circumstances, please feel free to arrange a telephone consultation on our Contact Us page.
All the best.
Mazen
Dear sir/madam
I am enquiring regarding my spouse visa, i am currently in receipt of esa, and pip, I have my own place council flat , I receive housing benefit, please could you advise me of the criteria, also My wife will make the examination an English Life Skills A1 speaking and listening, my receiving is £ 1300 monthly.
Thomas Chase
Hello Mazen,
Unfortunately, we cannot provide specific advice here.
UKVI guidance states that where a sponsor is in receipt of disability allowance or PIP, the sponsor and applicant will not be required to meet the strict minimum income requirements. Instead they must provide evidence of “adequate maintenance”.
So, as well as providing proof that the sponsor receives disability allowance or PIP, the applicant must show that they can look after themselves, or that the sponsor can do so, both financially and in relation to their UK accommodation, without a need to further claim benefits.
Further details can be found here: https://www.gov.uk/uk-family-visa
We hope this information is sufficient. If you would like to arrange a 30-minute telephone consultation to discuss further, this can be done via our Contact Us page.
Marcia Walters
Hi, if you received the standard rate for pip, would you still be exempt from the strick rules for spouse visa?
Thomas Chase
Hi Marcia,
According to the rules in Appendix FM1.7 Financial Requirement), where the applicant’s partner is in receipt of PIP, or other specified benefits or allowances in the UK, the applicant will need to provide evidence of “adequate maintenance” rather than the income threshold.
In addition, the applicant’s partner must provide:
*Official documentation from the Department for Work and Pensions confirming the current entitlement and the amount currently received. There is no requirement that the allowance must be higher than the standard rate; and
*At least one personal bank statement in the 12-month period before the application date, showing payment of the benefit or allowance into their account.
All the best.
Marcia Walters
Thank you very much for your reply.
Thomas Chase
You are most welcome.
aliya
hi there i am reciveing esa ana pip i am British live with husband can i sponcer my moom from Pakistan with out financial criteria
many thank
Thomas Chase
Hello Aliya,
UKVI guidance states that where a sponsor is in receipt of disability allowance or PIP, the sponsor and applicant are not required to meet the strict minimum financial requirements. Instead they must provide evidence of “adequate maintenance” and accommodation.
Further details can be found here: https://www.gov.uk/uk-family-visa.
All the best.
Bel hadj
hi , im tunisian and my wife is from scotland i want to apply for a spouse visa .My wife get benefits from disability living allowance and carer’s allowance aswell , and she live on her own in a flat too in uk . can u answer me is that enought to apply for a spouse visa and thx .
Thomas Chase
We cannot provide specific advice in this forum.
Recipients of Disability Living Allowance are not required to meet the minimum income requirements set out in the Immigration Rules.
Instead, the applicant and sponsor must demonstrate that the recipient has sufficient funds to support and accommodate themselves without recourse to public funds. Whether the funds are sufficient will depend on the individual circumstances.
Atolagbe
Dear sir/madam
I am presently in Africa now (nigeria),my husband is a British citizen and he is under pip and esa,we are legally married,he wants to bring me into the UK to join him but I was told I need to go for an English test and also a medical test..How long does it take to get the visa after all document are submitted ?
Thanks.
Thomas Chase
Hi Atolagbe,
Spouse visa applications submitted in Nigeria are normally processed within 12 weeks.
Atolagbe
Hi Thomas
He is submitting the document in the UK,Do I have to go for the English test and TB test like we were told?
Thomas Chase
Hi Atolagbe,
We cannot provide individual advice here, as we are not in possession of all of the facts.
Details of the Home Office’s requirements can be found here: https://www.gov.uk/uk-family-visa
If you would like to arrange a 30-minute telephone consultation to discuss the requirements, this can be done via out Contact Page at https://www.thomaschaseimmigration.com/contact-us/ or via email.
Saber
Hi sir madam
I receive pip standard rate and ESA
I got council flat can I bring my partner from Iran to join me
Many.thanx
I receive 1100.00
That includes housing and benefit
Thomas Chase
Unfortunately, Saber, we cannot give personal immigration advice in this forum, and can only provide general guidance.
The Home Office guidance states that where a sponsor is in receipt of Personal Independence Payment or PIP, the applicant will not be required to meet the strict minimum income requirements. Instead the applicant must provide evidence of “adequate maintenance”.
So as well as providing proof that the sponsor’s receives PIP, the applicant must show that they can look after themselves, both financially and in relation to their UK accommodation, without a need to claim benefits.
Or, the sponsor must show that they can look after the applicant without the need to claim additional benefits to do so or claim additional housing benefits.
Cheryl
Hi I currently receive esa but am trying to apply for personal independence payment because of my epilepsy. I am married to my husband who is from India if I receive personal independence payment I know I meet the financial requirements to bring my husband to the UK but I still live at home with my family in a 4 bedroom flat because of how bad my seizures are would I still be able to bring my husband to the uk
Thomas Chase
Hi Cheryl,
Unfortunately, we cannot respond to specific questions in this forum.
In general, recipients of PIP are not required to meet the minimum income requirements set out in the Immigration Rules.
Instead, the applicant and sponsor must demonstrate that the recipient has sufficient funds to support and accommodate themselves without recourse to public funds.
Hope that helps!
Omar
Hi , I’m trying to get a spouse visa and I have 2 children we are Australian citizen, my husband uk citizen he is receiving dla / employments support A.
Can my husband sponsor me and 2 dependent with DLA at the same time he is receiving £1086 monthly
C. Thomas
Hello Omar,
Unfortunately, we cannot respond to specific questions in this forum.
In general, recipients of Disability Living Allowance, now Personal Independence Payment (PIP) are not required to meet the minimum income requirements set out in the Immigration Rules.
Instead, the applicant and sponsor must demonstrate that the recipient has sufficient funds to support and accommodate themselves, and any non-EEA national children, without recourse to public funds.
Waqar ahmed
Dear sir/madam
I am currently on a standard rate of PIP and esa, can I apply for my wife visa and how much savings to show.
C. Thomas
Hello Waqar,
Under the immigration guidance, sponsors in receipt of PIP and ESA and exempt from meeting the minimum income threshold. Instead, they will need to provide evidence of ‘adequate maintenance’.
There is no set figure as to how much funds counts towards adequate maintenance, but it should be sufficient to look maintain the sponsor and applicant(s) without the need for them to seek additional support from the State.
Sajid Saleem
Dear sir/madam
I am enquiring regarding my spouse visa, i am currently in receipt of esa, and pip, I have my own place I receive housing benefit, please could you advise me of the criteria, also does my wife need to do an English speaking test in (Pakistan)
Thank you
C. Thomas
Hello Sajid,
Details of the criteria can be found at the following link: https://www.gov.uk/uk-family-visa
Under Appendix B of the Immigration Rules, an applicant from Pakistan will have to evidence knowledge of the English language.
Khaled
Hi I’m in standers pip mobility can I bring my wife from Africa did the PIP help me and my two daughters are British citizen but they live in Africa what help can I get plz
Muna
Hi, this is regarding spouse visas. I am a mother of 2 kids, my younger son has health issues and I receive DLA on his behalf. My spouse lives in abroad and my son have not met his father since he was born, we want to bring my spouse in the uk. Is this mean I am exempt from meeting the minimum income requirements? Thank you
Thomas Chase
Hello Muna and thank you for your query.
Where the sponsor is in receipt of DLA, the sponsor and applicant will be exempt from meeting the strict immigration requirements of £18,600 per annum, or the equivalent in savings.
Instead, the sponsor and applicant must evidence that they have sufficient funds (and accommodation) to look after themselves without the need for additional State funds.
UKVI will assess if there are adequate funds based on the information provided by the sponsor and the applicant.
We hope this helps and do feel free to contact us if you would like to arrange a telephone consultation to discuss your specific circumstances.
All the best!