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Thomas Chase Q&A: Spouse visas and Disability Living Allowance

Today, I 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 [email protected]

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?

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  1. 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!

  2. 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.

  3. 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.

  4. 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

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