Claiming ESA And Dla

[Riasat786]

Hello

Im claming esa .employment support allowance and disablity living allowance

My wife is in pakistan and im trying to bring her in UK

im going to do the visa for her but will my visa go okay or no?

[John]

You do not tell us anything about yourself. Are you British? Or EEA? Or if not EEA, what is your UK immigration status.

Also, you mention benefits, but are the benefits your only income? If not, what other sorts of income do you have?

[Riasat786]

im born in the uk..

yes thats my only income

my solictor said i have to cancel both benefits to bring my wife in uk

[John]

Not all people born in the UK are British, but I assume you mean that you are British. I am going to work on that assumption.

my solictor said i have to cancel both benefits to bring my wife in uk

Hmmm .... your Solicitor thinks that by reducing your income to £0 that will improve your wife's chances of getting a spouse visa? My polite comment is that I am not impressed.

Your Solicitor needs to read and understand the small paragraphs that follow para 6 of the Immigration Rules, namely 6A, 6B and 6C. Reading those should explain to him/her that your benefit claims are not a problem.

However that is not the end of the story, because if those benefits are your only income you will probably struggle to pass the financial test. That is because of the quantity of the money being received from those benefits, and not I emphasise because they are benefits.

That is, if you were employed and earning exactly the same amount of money as your current benefits, and stopped receiving those benefits, you would still struggle to pass the financial test.

[Riasat786]

Yes thats right im british

my solictor wants me to cancel my benefits and find a job and work.

I don't want to cancel my benefits?

My doctors are willing to help aswell to write letters about my health


what can i say to the solictor about para 6 of the Immigration Rules, namely 6A, 6B and 6C?

[John]

my solictor wants me to cancel my benefits and find a job and work.

I would put it the other way around, and think that from the visa point of view it would then make sense. That is, if you got a job, well that would have an impact upon the benefits claimable by you. But if the work was low-paid, you might then have a new benefit entitlement, to Working Tax Credit.

If your Solicitor is saying that any benefits claimed by you, a British Citizen, will result in visa rejection, he/she is indeed not understanding paras 6A, 6B and 6C of the Immigration Rules.

Doctor's letters? Those will not help at all you passing the financial test.