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How long should I stop claiming Incapacity Benefit?

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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nadiii
Junior Member
Posts: 94
Joined: Mon Aug 22, 2011 7:59 pm

How long should I stop claiming Incapacity Benefit?

Post by nadiii » Mon Aug 22, 2011 8:15 pm

How long should I stop claiming Incapacity Benefit before my wife applies for marraige visa?

Im (uk born britsh citizen) currently claiming incapacity benifit. My fiance (we will marry in october/november) is in asia.

Should I stop claiming IB 6 months before we sumbit her application for visa? or 3 months or is it ok to still be claiming right up until we marry? I heard most applications are rejected as its not possible for 2 poeple to live on IB. (idid search forum but no joy for an answer)

I stay with my parents. accomodation is no problem, i hardly have any expenses. Just food and small amount of "rent" to my parents. I have savings in an ISA. I could come off IB and get work or be self employed.

What would be the most secure way to apply? All advise apprieciated.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Aug 22, 2011 8:29 pm

IB is claimable by those incapable of working, but based upon what you have posted, you are well able to work, and therefore should stop claiming IB without delay. As necessary, given you are capable of work, you should sign on and start claiming JSA, until you find work.

As regards your "how long" question, simply it needs to be clear that the visa applicant will not need to claim certain Public Funds. Therefore issues include the permanency of the employment, and indeed the amount of the income.
John

nadiii
Junior Member
Posts: 94
Joined: Mon Aug 22, 2011 7:59 pm

Post by nadiii » Mon Aug 22, 2011 8:44 pm

thank you for your quick and informative reply.

My incapacity benefit is based on a mental illness. I forgot to mention this. Its a long term claim.

I think i can work i will not know without trying. Regards to my mental health a more accomodating solution for me would be being self employed. im sorry if i did not make that clear.

With regards to the permanency, would self employment 3/4 months before the application be sufficient?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Aug 22, 2011 8:55 pm

would self employment 3/4 months before the application be sufficient?
Quite possibly, but of course it would depend upon the amount of profit being made.
John

nadiii
Junior Member
Posts: 94
Joined: Mon Aug 22, 2011 7:59 pm

Post by nadiii » Thu Sep 01, 2011 12:28 pm

ok thanks,

Do you think an application for a Fiance visa could be successfuly made while im claiming incapacity benefit?, we where engaged around april.

Lucapooka
Respected Guru
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Sep 01, 2011 12:32 pm

It would be successful if you otherwise have the financial resources to meet the requirements for the visa. Given that you are living with your family at no additional cost, you will need to have at least 455 pounds per month to cover your joint expenditure. Where is the money for the visa application, flight, and subsequent FLR(M) application coming from?

Is you family able to offer some financial support?

nadiii
Junior Member
Posts: 94
Joined: Mon Aug 22, 2011 7:59 pm

Post by nadiii » Fri Sep 16, 2011 1:22 pm

^^
i do have some savings for the application fees and flight tickets. I have a cash isa and also have been saving over the last 6 years.

i get £192 x2 which is £384. Im allowed to work for 12 or 15 hours a weeek and can make a small income of less than £400 a month.

I will now sponser my fiance based on these figures we will apply for a fiance visa.

Thank you for your answers again.

nadiii
Junior Member
Posts: 94
Joined: Mon Aug 22, 2011 7:59 pm

Post by nadiii » Fri Sep 30, 2011 10:45 am

If we apply for a settlement visa using va4fa, and I put as the sponser that im receiving Incapacity Benefit, I think i will need to supply a report on my medical health?

Will i decrible my mental illness health problem or will I need a medical report from my GP?

What are the chances the UKBA will approve a settlement visa for a sponser on IB if all other aspects of the claim are fine, like accomodation from parents, savings from the last 5 years (over £10k), £110 savings a week from IB and 16 hours work a week?

Is it really worth trying or will the app be refused because of my limited earnings? and potential earnings?

I found out today after 52 weeks of being allowed to earn £92 a week, if one cannot find work for more than 16 hours then your not allowed to work 16 hours for the next 52 weeks, but can still work and earn £20 a week.

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