HQG wrote: ↑Thu Feb 15, 2018 4:37 pm
Hi Everyone,
We are desperate and confused.
My wife is on a spouse visa and is due to re apply soon, our son has been receiving dla for about 2 ys.
I am uk born but stupidly when I filled the dla form for my son I put my wife's name down as the person looking after him.
Now I have been told by solicitors this may mean they may not renew my wife's visa.
All the money has gone into an account in my name but have been told this may not be enough.
can anyone help pls.
Forgot to mention my son was born in the UK.
Can I claim any benefits if my partner is on a spouse visa? – Their visa says No Recourse to Public funds
If you have Indefinite Leave to Remain or British Citizenship then your able to claim any benefits you are entitled to as long as your migrant partner or children will not increase the amount of benefits you are receiving. For instance if you are already receiving £200 per week in benefits and after your partner in added to the equation your benefits do not increase then you have no problems claiming your entitled benefits. It is important to understand that when you apply for benefits they will be in the British or ILR holders name, but the application must be filed to show that the migrant partner is part of the household as their income etc. must be taken into account.
Common questions applicants have when considering no recourse to public funds for their UK visa application
Q: I’m a British citizen or have ILR and I claimed working and child tax credits plus child benefit. Will this affect my partners ILR application?
A: No, this will not affect your partner’s application as you are entitled to these benefits as a British or settled person in the UK.
Q: I’m claiming DLA and can’t meet the financial requirements for my partner to obtain a spouse or partner visa for the UK. Is there anything I can do?
A: The Home Office have a policy that removed the financial requirement of £18,600 annual income for those on DLA benefits. They will still need to show self-sufficiency i.e. that they and their partner can survive without having to apply for more benefits due to the partner obtaining a visa.
If you find you are unsure about your entitlement or need professional assistance understanding the no recourse to public funds requirements for ILR or visa applications then contact WM Immigration
