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

UK Immigration

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?

Thomas Chase Q&A – Tier 1 (Investor) visa

UK Immigration

Two very different potential clients asked me if now was a good time to apply for a Tier 1 (investor) visa.

Despite what you may think, investors can be risk averse. It therefore stands to reason that before investing £2,000,000 or more in the UK, potential investors from outside of the European Economic Area (EEA)  and Switzerland will wish to know if they (and their families) will be welcomed and if they can expect further obstacles to the application process.

Such questions were raised in the post-Brexit climate. Given that immigration control seemed to form a large part of the Brexit debate and possibly its outcome, it is expected that overseas nationals should question whether now is the time to relocate to the UK.

To assess this, we need to look to the UK economy. Recent figures from the Purchasing Managers’ Index (PMI) showed a seven-year low for the economy as it contracted at its steepest pace since the banking crash of 2008/ 2009. The Bank of England has limited tools left for stimulating the economy having reduced interest rates to an all-time low of 0.5%. It will soon fall to the UK Treasury to come up with some interesting and maverick ways to boost the economy. Making the UK further attractive to overseas investors is one such route.

A financial adviser can advise on the benefits of individual investment opportunities. But from an immigration perspective, there seems to me to be no better time to apply for a Tier 1 (Investor) visa and invest £2,000,000 or more in UK government bonds, share capital or loan capital in active and trading UK registered companies.

And besides, the UK still has so much to offer.

Over to you as I would be interested to hear what you think.