Bringing up spouse for Disabled

Zerubbabel wrote: ↑

Thu Nov 14, 2019 8:38 pm

Hello

Your friend has got an ILR. But what's his citizenship?

I am guessing non-EEA and not-British. So he is non-EEA with an ILR in the UK. Please correct me if I am wrong.

Bringing a partner or a spouse in the UK is not an absolute right. Your friend, even if he/she was British Citizen and married to that person, he couldn't sponsor a spouse visa for that person as he doesn't work.

He can use a saving if he doesn't have income. But in the case you are describing, it wouldn't be realistic as we are talking about £62,500 in cash (not property equity or similar but cash held in an account).

Without revenue or huge cash saving, it's generally not possible under British immigration route to bring a partner/spouse to the UK.

Tina16 wrote: ↑

Thu Nov 14, 2019 8:19 pm

Hi,

I am writing on behalf of my friend. My friend is physically challenged and can't walk. My friend got ILR as well and planned to get married soon. If he/she gets married than want to bring the spouse here to live together then what would be the criteria for them?

FYI, my friend currently not working as finding a suitable job is not simple and easy for him.

it would be really helpful if experts can give their valuable suggestion on this matter.

Thanks in advancve.
Kind Regards

Zerubbabel wrote: ↑

Thu Nov 14, 2019 8:38 pm

Without revenue or huge cash saving, it's generally not possible under British immigration route to bring a partner/spouse to the UK.

seagul wrote: ↑

Thu Nov 14, 2019 10:48 pm

Tina16 wrote: ↑

Thu Nov 14, 2019 8:19 pm

Hi,

I am writing on behalf of my friend. My friend is physically challenged and can't walk. My friend got ILR as well and planned to get married soon. If he/she gets married than want to bring the spouse here to live together then what would be the criteria for them?

FYI, my friend currently not working as finding a suitable job is not simple and easy for him.

it would be really helpful if experts can give their valuable suggestion on this matter.

Thanks in advancve.
Kind Regards

If he is claiming or starts claiming following public funds then he will not need to meet financial requirement through working, cash saving, self employment etc.

Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment.
• Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.
• Police Injury Pension.

Tina16 wrote: ↑

Fri Nov 15, 2019 1:25 am

Thanks a lot for the reply.

He confirms that he is already getting the highest rate of PIP. So in that case what will be his criteria if he wants to bring his spouse here to live with? please let me know.

3.6. Meeting the financial requirement through “adequate
maintenance”
3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances in
the UK, the applicant will be able to meet the financial requirement at that application
stage by providing evidence of “adequate maintenance” rather than meeting an income
threshold:
• Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment.
• Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.
• Police Injury Pension.
3.6.2. If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf
of their child, the applicant will be able to qualify by meeting the financial requirement
through “adequate maintenance”.
3.6.3. The evidence required to demonstrate that the applicant’s partner is in receipt of a
specified benefit or allowance is specified in Appendix FM-SE:
12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance,
Severe Disablement Allowance, Industrial Injuries Disablement Benefit,
Attendance Allowance or Personal Independence Payment, or Armed Forces
Appendix FM 1.7: Financial Requirement
August 2017
16
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, or a Police Injury
Pension, all the following must be provided:
(a) Official documentation from the Department for Work and Pensions or Veterans
Agency or Police Pension Authority confirming the current entitlement and the amount
currently received.
(b) At least one personal bank statement in the 12-month period prior to the date of
application, showing payment of the benefit or allowance to which the person is currently
entitled into their account.

Tina16 wrote: ↑

Fri Nov 15, 2019 1:25 am

He confirms that he is already getting the highest rate of PIP. So in that case what will be his criteria if he wants to bring his spouse here to live with? please let me know.

geoeng wrote: ↑

Fri Nov 15, 2019 8:46 am

Tina16 wrote: ↑

Fri Nov 15, 2019 1:25 am

He confirms that he is already getting the highest rate of PIP. So in that case what will be his criteria if he wants to bring his spouse here to live with? please let me know.

In addition to the guidance seagul posted, I would also suggest a read of this document.
https://assets.publishing.service.gov.u ... x_1_7A.pdf

Essentially he will have to prove that his net income minus his housing costs is greater than the amount of Income Support an equivalent British family would receive.

Tina16 wrote: ↑

Fri Nov 15, 2019 8:51 pm

geoeng wrote: ↑

Fri Nov 15, 2019 8:46 am

Tina16 wrote: ↑

Fri Nov 15, 2019 1:25 am

He confirms that he is already getting the highest rate of PIP. So in that case what will be his criteria if he wants to bring his spouse here to live with? please let me know.

In addition to the guidance seagul posted, I would also suggest a read of this document.
https://assets.publishing.service.gov.u ... x_1_7A.pdf

Essentially he will have to prove that his net income minus his housing costs is greater than the amount of Income Support an equivalent British family would receive.

Dear geoeng,

Can you please let me know what is the exact amount of Income Support an equivalent British family would receive (couple only, no kids). Then it would be easier to calculate.

Tina16 wrote: ↑

Fri Nov 15, 2019 8:51 pm

Can you please let me know what is the exact amount of Income Support an equivalent British family would receive (couple only, no kids). Then it would be easier to calculate.

geoeng wrote: ↑

Mon Nov 18, 2019 9:15 am

Tina16 wrote: ↑

Fri Nov 15, 2019 8:51 pm

Can you please let me know what is the exact amount of Income Support an equivalent British family would receive (couple only, no kids). Then it would be easier to calculate.

I'm probably the wrong person to answer this question as I am not very familiar with available UK benefits, not being entitled to them myself. The base amount of Income Support for a British couple both aged 18+ would be £114.85 per week. However, there are also various disability premiums and I don't know if these would be applicable or not to this situation. Additional info on Income Support here with disability premiums detailed in links:
https://www.gov.uk/income-support/what-youll-get

Tina16 wrote: ↑

Mon Nov 18, 2019 3:48 pm

if the person is not working and under PIP and UC and trying to bring up a spouse than after deducting housing cost the amount should be greater than as a couple benifit!! that thing actually confusing me.

geoeng wrote: ↑

Mon Nov 18, 2019 4:00 pm

Tina16 wrote: ↑

Mon Nov 18, 2019 3:48 pm

if the person is not working and under PIP and UC and trying to bring up a spouse than after deducting housing cost the amount should be greater than as a couple benifit!! that thing actually confusing me.

Yes. Add up their net income to get a total (A) and add up housing costs to get a total (B). Subtract B from A and this number must be greater than what a British couple would receive in Income Support (C). Essentially the idea is that even after housing costs are deducted, they must earn more than a British couple on Income Support would and this is supposed to be an adequate amount to support a spouse without the spouse relying on public funds. As seagul said, the guidance has some good examples.

Tina16 wrote: ↑

Mon Jan 13, 2020 9:52 pm

Hi again,

on behalf of my friend, please let me know if the monthly earning( universal credit +PIP+ work 1/2 days per week as a self emplyed (not regular) ) after deducting housing cost is, for example, £800 then he meets the adequate maintenance for bringing up spouse?

geoeng wrote: ↑

Tue Jan 14, 2020 9:05 am

Tina16 wrote: ↑

Mon Jan 13, 2020 9:52 pm

Hi again,

on behalf of my friend, please let me know if the monthly earning( universal credit +PIP+ work 1/2 days per week as a self emplyed (not regular) ) after deducting housing cost is, for example, £800 then he meets the adequate maintenance for bringing up spouse?

If that is greater than what an equivalent British couple would receive in Income Support, then yes. See Section 5.4 on page 15 of the Adequate Maintenance guidance document as well as the Appendix FM-SE links included regarding the evidence requirements for self-employment income, which are significantly different than those for regular employment.