claiming DLA means exempt from financial requirement?

[uzee]

Hi

In the spouse/partner visa - financial requirement form in part 3, question 3.1 it states the following:

Is your sponsor in receipt of a disability related or carers benefit listed within the guidance notes?
If you have claimed to be exempt from meeting the financial requirement you must submit the relevant evidence, as specified, of your eligibility to be exempt.

Link to the form - http://www.ukba.homeoffice.gov.uk/sitec ... vaf4a2.pdf

Am i right to think that if one is claiming Disability Living Allowance then they dont need to show any proof of financial income?

Has anyone been in this situation before with DLA? If so what was the outcome?

[wiggsy]

my friend at work is excempt because he recieves attendance allowance for his nan.

his application is in process, but its all confirmed for him that he is excempt from the financial requirements...

[REMAA]

SPOUSE VISA REFUSED :
CAN ANYONE GIVE ME ADVICE.
I NOW have a job for 5 hours a week earning £150 approx per month which started a week ago.
My DLA is £392.00 per month with savings of approx £4000.
Rent is free provided by my parents.
And I am pregnant and due in 11 weeks time.
Could I appeal with my new job as I am short of only £90.95 per month from the Income Support Rate ??????
Would a letter suffice from employer to submit an appeal ?

I would appreciate any feedback or advice.

REASON GIVEN BELOW AS WORDED ON REFUSAL OF ENTRY CLEARANCE :

Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
In order to meet requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
I note that your sponsor is in receipt of £392.00 per month benefits.
I am not able to take into account any potential employment you have available to you in the UK or any offers of of financial support from third parties.
You propose to live with your sponsor at her parents' home and you provide evidence that they own a property in the UK.
However the Income Support for a family with no children is £482.95 per month excluding rent.
Therefore your sponsor's income does not meet the Income Support rate.
I am not satisfied that you and your sponsor are able to maintain yourselves and any dependents adequately in the UK without recourse to public funds.
I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. ( E-ECP.3.3 (b)).

[wiggsy]

SPOUSE VISA REFUSED :
CAN ANYONE GIVE ME ADVICE.
I NOW have a job for 5 hours a week earning £150 approx per month which started a week ago.
My DLA is £392.00 per month with savings of approx £4000.
Rent is free provided by my parents.
And I am pregnant and due in 11 weeks time.
Could I appeal with my new job as I am short of only £90.95 per month from the Income Support Rate ??????
Would a letter suffice from employer to submit an appeal ?

I would appreciate any feedback or advice.

REASON GIVEN BELOW AS WORDED ON REFUSAL OF ENTRY CLEARANCE :

Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
In order to meet requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
I note that your sponsor is in receipt of £392.00 per month benefits.
I am not able to take into account any potential employment you have available to you in the UK or any offers of of financial support from third parties.
You propose to live with your sponsor at her parents' home and you provide evidence that they own a property in the UK.
However the Income Support for a family with no children is £482.95 per month excluding rent.
Therefore your sponsor's income does not meet the Income Support rate.
I am not satisfied that you and your sponsor are able to maintain yourselves and any dependents adequately in the UK without recourse to public funds.
I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. ( E-ECP.3.3 (b)).

call me stupid here... but the very first sentance:
Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
does this not contradict the rest of the refusal?

also, income support is lost £ for £ after the first disregard (£5 for a single claimant...) - therefore, you need to declare your earnings to IS and confirm what your benefits will be...

[REMAA]

I have never claimed benefits apart from my DLA. that was my only income at the time of application submitted.
If i claimed IS would it be counted towards the adequate maintenance figure of £482.95 ????

[DavLissy]

I have never claimed benefits apart from my DLA. that was my only income at the time of application submitted.
If i claimed IS would it be counted towards the adequate maintenance figure of £482.95 ????

If i've read the latest directive correctly, all benefits count towards ' adequate maintenance.
5. Assessing the adequacy of the funds available -
(a) Establish the sponsor’s and/or applicant’s (if they are in the UK with
permission to work) current net income. The net income should be established
and if the income varies, an average should be calculated. Income from
benefits can be included as income.

[Sezanlou]

I don't understand this, ok if you are claiming DLA then you are exempt from the financial criteria ie £18,600. Normally if you were on DLA you would also be getting other benefits and/or Housing Benefit and that would mean you can't sponsor someone because you are living on public funds? Is that correct?

But the OP was living at home and not claiming anything else and was in fact earning £150 on top of DLA.

Can someone explain what grounds they had to refuse because even the figures don't add up because they said income support or whatever was about £100 more than the DLA but she had that income covered by her earnings of £150!?

This is totally confusing!

[DavLissy]

I don't understand this, ok if you are claiming DLA then you are exempt from the financial criteria ie £18,600. Normally if you were on DLA you would also be getting other benefits and/or Housing Benefit and that would mean you can't sponsor someone because you are living on public funds? Is that correct?

But the OP was living at home and not claiming anything else and was in fact earning £150 on top of DLA.

Can someone explain what grounds they had to refuse because even the figures don't add up because they said income support or whatever was about £100 more than the DLA but she had that income covered by her earnings of £150!?

This is totally confusing!

Its all about showing that the sponsor can support there guest/partner without claiming any extra benefits, and I think in this case it works against the person because they were working, therefore couldn't claim certain benefits, in fact by the look of it only claiming DLA, which on it own is not enough, if they weren't working i'm sure they could claim income support, and housing benefit, maybe more as well. Remember £482 a month(after housing costs) in benefits must be received to show adequate maintainance.

[Amber]

SPOUSE VISA REFUSED :
CAN ANYONE GIVE ME ADVICE.
I NOW have a job for 5 hours a week earning £150 approx per month which started a week ago.
My DLA is £392.00 per month with savings of approx £4000.
Rent is free provided by my parents.
And I am pregnant and due in 11 weeks time.
Could I appeal with my new job as I am short of only £90.95 per month from the Income Support Rate ??????
Would a letter suffice from employer to submit an appeal ?

I would appreciate any feedback or advice.

REASON GIVEN BELOW AS WORDED ON REFUSAL OF ENTRY CLEARANCE :

Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
In order to meet requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
I note that your sponsor is in receipt of £392.00 per month benefits.
I am not able to take into account any potential employment you have available to you in the UK or any offers of of financial support from third parties.
You propose to live with your sponsor at her parents' home and you provide evidence that they own a property in the UK.
However the Income Support for a family with no children is £482.95 per month excluding rent.
Therefore your sponsor's income does not meet the Income Support rate.
I am not satisfied that you and your sponsor are able to maintain yourselves and any dependents adequately in the UK without recourse to public funds.
I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules. ( E-ECP.3.3 (b)).

call me stupid here... but the very first sentance:
Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as they are in receipt of DLA.
does this not contradict the rest of the refusal?

also, income support is lost £ for £ after the first disregard (£5 for a single claimant...) - therefore, you need to declare your earnings to IS and confirm what your benefits will be...

They mean the op is exempt from the £18k per annum income requirement and only needs an income of income support level.

[Amber]

Hi

In the spouse/partner visa - financial requirement form in part 3, question 3.1 it states the following:

Is your sponsor in receipt of a disability related or carers benefit listed within the guidance notes?
If you have claimed to be exempt from meeting the financial requirement you must submit the relevant evidence, as specified, of your eligibility to be exempt.

Link to the form - http://www.ukba.homeoffice.gov.uk/sitec ... vaf4a2.pdf

Am i right to think that if one is claiming Disability Living Allowance then they dont need to show any proof of financial income?

Has anyone been in this situation before with DLA? If so what was the outcome?

Do they know you're pregnant too? If the flr(m) fails you'd likely have a good human rights case, 1. Carer for partner, 2. Child coming and child's interest/right to respect for a family life. Perhaps this is the application you should have made? I would write back arguing that you have the extra work money but also your are pregnant and a carer and that this is added unnecessary pressure on your health. They have discretion so ask them to consider using it. Remember you'll soon have child benefit and tax credits as well which your partner will claim.

[maiz.systeme]

Hi I am looking for some advice and help on immigration. I recently married an Algerian man and wish to bring him to the UK to live with me and my kids. I have married him in his religion and law and am going back in September to marry him in UK laws and religion.
I have altogether got 5 kids. One is 22, one is 20, one is 16 and the others are 10 and 11. My youngest 2 have serious health issues, my daughter Bethany is a severe asthmatic and is dependent on Montelukast tablets, fluticasone inhaler and ventolin inhaler and in extreme cases we have to use ventolin nebules for her nebulizer. My son Nathan has severe leaning difficulties and has a sensory disorder, which means part of his brain doesn't function properly, he also has an impulsiveness disorder which means he doesn't see danger or feel pain as much as a normal child, he has psychologist help and is currently under investigation by a OT (occupational therapist). I have a part time job which I can do from home to ensure I am there for my kids if they are ill at school.
These are the benefits I receive:
- Working Tax Credit
- Disability living allowance
- Mobility Allowance
- Child Tax Credit
- Carers allowance
If I am in receipt of benefits from above it says I am exempt but several people have told me different stories. I cant go out to work any more hours then I do because of my kids I need to be there for them. People say I am not exempt because its my children who get the benefits not me. So it feels as though I am being punished because of it. I am confused and would like your help and advice. I have phoned the UKBA and have been told I am exempt then have rung them again and been told I am not. I have enough income to support myself, my 3 independent children and my Algerian husband. The UK is high on human rights and as British citizens we try to thrive this into everyone but were is the human rights in this? I have a right to be with my husband. I cant take my children out of this country they wouldn't survive without access to medication. This is not only hurting and punishing me but its affecting my kids too. I need some help and guidance and would like to hear your views on this. Maybe can we meet sometime?

[Amber]

Remove your personal details and continue in your other thread

[KayL]

PDF explaining everything

https://www.gov.uk/government/uploads/s ... x_1_7A.pdf

[CR001]

PDF explaining everything

https://www.gov.uk/government/uploads/s ... x_1_7A.pdf

Kindly refrain from digging up old topics that are more than 4 years old.