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Disabled sponsor with non-EEA wife

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John_S
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Disabled sponsor with non-EEA wife

Post by John_S » Wed Jul 10, 2013 12:56 pm

I am a British citizen who has been in receipt of Disability Living Allowance (DLA) for the last 2 months. I am intending to apply for my non-EEA wife's spouse visa under the special rules that apply to disabled sponsors. I remember reading in an immigration thread that I need to have been in receipt of the DLA for at least 12 months before I can apply for my wife's visa as a disabled sponsor. Is this true? If anyone is able to confirm for me whether or not this is correct, I would be most grateful.

Amber
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Post by Amber » Wed Jul 10, 2013 1:51 pm

Not true, what rates dla are you receiving, which country is your partner from? Do you have savings or other income?
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John_S
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Post by John_S » Wed Jul 10, 2013 2:27 pm

My wife's from the USA. I am receiving the middle rate of DLA without the mobility component, and I get £53 each week. I am also receiving Employment & Support Allowance, £121 each week, and housing benefit to cover the rent. I will need to rely on these sources of income to meet the maintenance requirement for my wife, as I only have about £2000 in savings.

Are there any rules regarding how long I need to have received each of these benefits before I can apply for my wife's visa?

Amber
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Post by Amber » Wed Jul 10, 2013 2:38 pm

No, you've just got to have the letter of benefit entitlement and one bank statement in the last 12 months showing DLA bring paid. You must be able to adequately maintain and accommodate without recourse to public funds. Has your partner got a job lined up? The savings should help especially so if there is a good prospect if a job. Your ESA will also help? I assume you're in the support group?
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John_S
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Post by John_S » Thu Jul 11, 2013 6:04 pm

Okay thanks a lot for giving me this information. Yes, I am in the Support Group of ESA. My wife does not have a job lined up in the UK, but she will be looking for work when she is here, and she holds a postgraduate degree from a UK university. Do you think that with my DLA (£53 per week), ESA (£121 per week) and £2000 in savings, I will be able to meet the "adequate maintenance" requirement?

Amber
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Post by Amber » Thu Jul 11, 2013 11:03 pm

If she had a job offer it would help. The savings will be in favour along with the ESA, the DLA coud also be considered. The income support amount is £112.55 per week for a couple, as your income exceeds this, not withstanding your rent, you should be able to satisfy adequate maintenance.
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John_S
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Post by John_S » Mon Jul 15, 2013 4:57 pm

So the ESA and DLA can both be used to meet the "adequate maintenance" threshold? That's useful to know. I think I'll be able to meet the threshold then with my current benefits and savings.

Amber
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Post by Amber » Mon Jul 15, 2013 5:17 pm

Indeed, though to further support your application, a job offer is always good.
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