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.

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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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31 Replies to “Thomas Chase Q&A: Spouse visas and Disability Living Allowance”

  1. 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

    1. 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 [email protected].

      All the best.

  2. 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?

  3. 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??

  4. 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

    1. 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.

  5. 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.

    1. 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.

    2. Hi, if you received the standard rate for pip, would you still be exempt from the strick rules for spouse visa?

      1. 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.

  6. 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

    1. 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.

  7. 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 .

    1. 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.

  8. 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.

      1. 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?

  9. 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

    1. 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.

  10. 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

    1. 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!

  11. 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

    1. 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.

  12. 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.

    1. 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.

  13. 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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