Spouse Visa Financial Requirement Exemption - DLA

[tagb2000]

Salaam/Hello all.

Can someone please direct me to the link where I can obtain the templates for a spouse visa. I am willing to pay for these if required.

Regards

[CR001]

What templates are you actually looking for?? The document list is in the guidance and application form.

http://www.ukba.homeoffice.gov.uk/visas ... spouse-cp/

[CR001]

This link might be useful, however please note that the spouse visa probation period is now 5 years and not 27 months and you will need to meet the new financial requirement of minimum £18,600 per annum.

http://www.immigrationboards.com/viewtopic.php?t=106101

[tagb2000]

Thank u for the link. Do u know how I could obtain the templates too?

Also - I'm I'm currently on DLA which works out around £88 month. I do not work due to my medical condition and the only other benefit I receive the employment support allowance.

My uncles and brothe intend to transfer in total £62500 to me which wil remain in the liquid account for 5 years.

Would that suffice in getting the visa application to be successful on the savings grounds.

Apologies in advance for the inconvenience.

Regards

[CR001]

You would need to have the savings for at least 6 months in your account, possibly with proof of where the funds come from as third party support is no longer acceptable.

I am not sure if there are 'standard' templates. The link provides good guidance on how to structure what you need to write.

[tagb2000]

Thank you.

Ill state that its from family etc and as a gift to me. would I need to supply docs to confirm their respective accounts its been debited from?

Regards

[CR001]

http://www.ukba.homeoffice.gov.uk/polic ... a-partner/

[tagb2000]

Thank u. Really appreciate this!!!

[batleykhan]

Thank u for the link. Do u know how I could obtain the templates too?

Also - I'm I'm currently on DLA which works out around £88 month. I do not work due to my medical condition and the only other benefit I receive the employment support allowance.

My uncles and brothe intend to transfer in total £62500 to me which wil remain in the liquid account for 5 years.

Would that suffice in getting the visa application to be successful on the savings grounds.

Apologies in advance for the inconvenience.

Regards

You do realize you are exempt from the new financial requirement if you are claiming DLA. You have to meet the rules under the old rules which requires that you can maintain and accommodate your spouse without recourse to public funds or support from 3rd party.

Yes your family can give you a one of gift of some money into your bank account,but it must not be loan and that you will be free to use that money for any purpose. However you have to remember if you become well to work in the 5 yrs period and your DLA stops, then you will be required to meet the new financial requirements at whatever stage of your spouse FLR or ILR stage.

Read this link for further info:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[tagb2000]

My family are all planning to support me and will all be transferring the £63500 into my account - but from all and they will also give me a letter staying that these gifts to me and not repayable back.

Ill Aldo obtain bank statements from all family members who support me to show where the funds have come from.

Would this be sufficient?

Regards

[Amber]

Thank u for the link. Do u know how I could obtain the templates too?

Also - I'm I'm currently on DLA which works out around £88 month. I do not work due to my medical condition and the only other benefit I receive the employment support allowance.

My uncles and brothe intend to transfer in total £62500 to me which wil remain in the liquid account for 5 years.

Would that suffice in getting the visa application to be successful on the savings grounds.

Apologies in advance for the inconvenience.

Regards

As you are receiving DLA as stated then you should be exempt from the new requirements thus will only have to be able to adequately maintain yourself. If you want to rely on savings for this then I suggest you have:

Income support amount for couple (£112.55) x 52 (year) x 2.5 (visa length) ~£14650 which is much less than the 60k+. You may wish to factor any rent contribution you will have to start to pay if your partner arrives. If your partner will be caring for you then your DLA can also be considered too. Also, remember than means tested benefits might be affected if your partner arrives and you should ensure that s(he) does not claim public funds - i.e. you need to tell ESA that you are a couple but make sure they don't pay anything for your partner.

[tagb2000]

Thank u.

[Amber]

Hi I too will be applying for a spouse visa and am on DLA.

I would be grateful if you could email me the template letter to send with my application.

Regards

Hi Amber

Sorry I forgot to mention that I receive two components of DLA which includes carers component.

I have also been gifted £15000 from my uncle into my savings a account last week. He has been to a barrister to get a statutory declaration done to confirm the funds are for my use to do what I want with them.

I live with my parents and don't pay for anything at all.

Breakdown of benefits:

DLA two components payable until 2018

Mobility component : £21 per week
Care component: £53 per week

ESA - £121.65 per week

Can I also ask what supporting docs I would need to send with my application and would I send your template letter along with my sponsors support letter?

Thank you in advance for your help, I'm really very grateful go this.

[Amber]

Are you receiving Income Related ESA or Contribution Based ESA, are you in the support group, how long have you claimed ESA?

[tagb2000]

Yes I am receiving income based ESA and am in a support group. I have been on ESA for nearly 2 yrs but in October this year I became on the income based ESA.

I was receiving DLA before but the lower rate. I got my entitlement for the middle rate in August this year until 2018.

Thanks for ur quick response

[Amber]

Well bare in mind that the savings *above £6000* will affect your ESA (reduced £1 per £250 savings on a tariff rate). And if your savings reach £16000 that will stop IR-ESA so be careful.Increasing the savings to only sacrifice the ESA seems futile. However, if you want the £15000 I suggest you contact the DWP and tell them about the Middle Rate DLA award and also the savings. Also, there may be a non-dep deduction on your parents HB/CTB if they receive any. Are either of your parents disabled/receiving benefits? I think if you were only gifted £6000 and with your DLA and ESA, that should suffice.

[tagb2000]

Thank you I will get my uncle to reduce the gift to £6000.

Is there any chance you could let me have a letter template with my income and £6000 in savings that I could use to send with my application.

Regards

[Amber]

An example for you.

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8 Section FM 1.7A Family Members - Maintenance And Accommodation (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation; and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Chapter 8 Section FM 1.7A Family Members - Maintenance And Accommodation, Page 2, paragraph 5.1(a). No benefit income is said to be excluded in the Immigration directorate instructions. I have calculated all figures as weekly as per the benefit entitlement letters (included). For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).

Therefore,

A, income is:

Employment and Support Allowance = £121.65
Disability Living Allowance = £74.00

Total income = £195.65 per week

B, accommodation costs:

Nil

Total accommodation costs = £NIL per week

C, income support applicable amount:

An amount for a couple = £112.55 per week

The total income support applicable amount for my family unit including my partner =£112.55 per week

A at £195.65 – B at £NIL= £195.65

As £195.65 is greater than C at £112.55 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and Immigration directorate instructions Chapter 8 Section FM 1.7A Family Members - Maintenance And Accommodation (include a copy) at page 4, paragraph 5.2. Therefore, my application should be granted.

Furthermore, I have savings of £6000 which would be an additional tariff income of:

£6000 divided by visa duration of 130 weeks = £45.15 per week

Moreover, all the benefits I receive will be paid at the same rate when my partner joins me, even though some applications will be changed to joint applications. There will be no additional recourse to public funds when my partner joins me. This was key in the case of Yarce which held that:

“It seems to us that, since these issues involve mixed fact and law, an appellant in an immigration appeal must be able to demonstrate to the judicial fact-finder, either that the actual financial position on arrival will be such as to make it unnecessary to rely upon benefits in order to provide a standard of living equivalent to that available on means tested benefits, or that the relevant law bears on the circumstances of the family, in such a way that there will be no additional recourse to public funds in doing so.”

I have supplied enough evidence, and explained the case clearly to show that we satisfy the adequate maintenance and accommodation requirement. Thus the application should be granted immediately.

You will need a letter from your parents saying that you and your partner have a room for your exclusive room and that no rent is charged.

[tagb2000]

Thank you so much.

[tagb2000]

Hi

I'm really sorry to ask this question but not sure if it's a tricky one or not.

On the appendix 2 form it asks your income in benefits and also living costs.

I tend to run my bank account so that I leave about £50-£70 pounds every month which means based on my income I use about £425-£450 per month.

Will this have a negative impact on the above calculations as I know they want £112 per couple.

I don't spend it all as I keep the majority of it at home as my parents do all the food shopping etc, this is just my money.

Thanks

[tagb2000]

I'm really sorry to ask this question but not sure if it's a tricky one or not.

On the appendix 2 form it asks your income in benefits and also living costs.

I tend to run my bank account so that I leave about £50-£70 pounds every month which means based on my income I use about £425-£450 per month.

Will this have a negative impact on the above calculations as I know they want £112 per couple.

I don't spend it all as I keep the majority of it at home as my parents do all the food shopping etc, this is just my money.

Thanks

[Amber]

So far as you have £112.55 per week Net remaining after deducting housing costs from income it should not matter.

[tagb2000]

Amber thanks for ur quick reply.
I do not pay any housing costs (bills, rents etc) it's just my spending money.
Will the fact that my income is £195.65 per week, and that my account which the benefits are paid into always shows around £50-70 in credit not matter?
So if I put living costs of £400 pounds they can't say I don't have enough adequate maintenance?

Thank you again

[Amber]

The calculation should not consider living costs at all. I don't know why the ask the question. Perhaps putting weekly costs as ~£80 would suffice. You could be spending the extra amount on treats.

[tagb2000]

Thank you.