Proving adequate maintenance

[Jem60]

Hi, I am new on here and just sent a private message to someone, before reading the rules, so I apologise for that! I am desperate for an end to the nightmare my daughter is going through just to have her husband with her and her family. However, I have just been made aware that a person claiming PIP is exempt from the new rules and wonder if this is really true. Would my daughter have to work as well or will all if her benefits count towards adequate maintenance? Also, does it matter whether you are claiming the standard or enhanced rate of PIP? Thank you.

[Amber]

If the sponsor is receiving any rate PIP that will suffice an exemption. What country is the applicant native?

See also, the financial requirement exemption at 3.6.1. and IDI Chapter 8 section 1.7a. All benefit income can be included. Any further questions just ask.

[Jem60]

Thanks for replying. The applicant is from Tunisia. With regards to savings, would my daughter need to hold them for a minimum of 6 months and would it make a difference if my daughter could get a few hours work per week? This would be difficult as there are only certain jobs she could do due to her condition. Thank you.

[Amber]

She needs to include a good covering letter and that should suffice. She should have proof of the award and proof of one payment in the last 12 months, that should suffice. I can do a cover letter but would need to know full income amount and rent costs. The fact the partner is a Tunisian National means that upon arrival s(he) can claim Carer’s allowance if your daughter is receiving either standard or enhanced rate of the daily living component.

[Jem60]

Thank you for the offer of help with a covering letter. My daughter isn't ready to submit the application yet, but when she is I would be very grateful for your help. Do you know what would happen if the Government either remove PIP as an exemption or if my daughter"s PIP claim ends? If at that point entry clearance had been granted, would they be safe for the 2.5 year period or could he be sent home. Also, if they were no longer exempt, would having enough savings for 6 months prior to applying for FLR suffice? I am worried that he may be able to join her and then it all being taken away from them. Thank you for your help. It is so difficult to find answers on the UKBA website and really understand them. I even phoned their helpline and was told the applicant would have to bring savings to the UK to maintain himself. I have little faith in these kind of helplines.

[Amber]

Yes if the first 2.5 year leave had been granted they would be alright until after that. However, rest assured, there has been no plans to do such an unconstitutional act. Return closer to the time for further assistance.

[Jem60]

Does anyone have any advice on the new English language test? Are there any books available which might help? Thanks.

[Amber]

The new English test relates to settlement and naturalisation not entry clearance as a spouse. The English requirement for EC as a spouse remains at A1 level.

[Jem60]

Really Amber? My daughter was sure it had changed.

[Amber]

Please see the statement of change.

[Jem60]

Thank you so much, that is a weight off my mind. I did think it a bit unfair to expect someone who"s never lived in the UK to attain the higher level. He may achieve it anyway, but it's good to know that he doesn't have to. Thanks again for your help.

[Jem60]

Hi.
I have heard today that as of this month you can no longer claim exemption to financial requirements due to claiming DLA or PIP. Does anyone know if there is any truth in this? Apparently it is in the new immigration rules.
Thank you.

[Amber]

Please read the statement of changes before posting information you hear from non-professionals. You'll see no proposed change.

[Jem60]

Thank you Amber. I'm sorry for posting but I did try to find the information on the Home Office page, but thought that all of the changes had not been posted yet. Do you know if the Government have proposed such changes in the bear future?
Thank you.

[Amber]

I do not, you'd have to keep checking the statement of changes whenever they are released, but I've not heard anything.

[Jem60]

Thanks