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Disabled UK Sponsor with American Girlfriend

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Defaeco
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Joined: Thu Jun 11, 2015 12:49 am

Disabled UK Sponsor with American Girlfriend

Post by Defaeco » Fri Jun 12, 2015 2:01 am

Hi there,

I have been looking through the forums and I am almost sure I have the answers I need, but my disability makes it a bit difficult for me to grasp things at time and I need some reassurance, I do apologise if I am just repeating a scenario that has already been answered several times.

I have been with my girlfriend for over 5 years now and recently became in receipt of Employment and Support Allowance and following my medical examination was placed in the Support Group as I am unfit to work. I have been trying to find clear answers on where me and my girlfriend now stand in regards to her applying for a fiance visa to come to the UK, marry and live with me.

We are both over 18 and single, I live with my mother in a 4 bedroom house which my mother owns and my girlfriend would live here with us, my mother is also disabled so we look after each other. It is currently only me and my mother living in the house so we are far from over-crowded. I have no children and neither does my girlfriend. We have also met in real life and kept in touch via skype, texts, phone calls and online messengers during our times apart.

I get £125.05 a week from being in the Support Group, nothing is deducted from this in terms of tax or such. Does this mean we are ready to apply and have a chance of being accepted? After knowing each other for 8 years and been in a relationship for 5, we are eager to get together at long last.

Thanks for all your help in advance.

Amber
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Re: Disabled UK Sponsor with American Girlfriend

Post by Amber » Fri Jun 12, 2015 5:03 am

You will not be exempt from the Financial Requirement owing to ESA, in order to rely on adequate maintenance and accommodation - http://www.immigrationboards.com/immigr ... 85667.html and http://www.immigrationboards.com/immigr ... t6227.html. You must either claim Carer's Allowance if you are caring for your Mother (subject to her receiving a qualifying benefit) or Personal Independece Payment, perhaps both? Once you are awarded either, you would be exempt.

You should also include a letter from your Mother stating you can both live there, rent free. Also, proof she owns the property, certificate from Land Registry.
**this forum is not intended to be a substitute for professional advice**
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Defaeco
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Posts: 3
Joined: Thu Jun 11, 2015 12:49 am

Re: Disabled UK Sponsor with American Girlfriend

Post by Defaeco » Fri Jun 12, 2015 2:52 pm

Oh dear, that's bad news :( if I get either of those will they recognise my ESA as an income to support her on top of that? I thought there was no benefits excluded from being adequate maintenance?

Petaltop
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Joined: Mon Jan 13, 2014 12:42 pm

Re: Disabled UK Sponsor with American Girlfriend

Post by Petaltop » Fri Jun 12, 2015 4:46 pm

Defaeco wrote:Oh dear, that's bad news :( if I get either of those will they recognise my ESA as an income to support her on top of that? I thought there was no benefits excluded from being adequate maintenance?
In receipt of PIP or CA will make you exempt from the 18,600 financial requirement.

You can then use your ESA (and CA/PIP payments) to show you have enough to support your fiance. Check Amber's links.

Defaeco
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Joined: Thu Jun 11, 2015 12:49 am

Re: Disabled UK Sponsor with American Girlfriend

Post by Defaeco » Fri Jun 12, 2015 5:59 pm

Thank you so much for the quick response. Yes, i had a look at Ambers links but just needed some confirmation that i am on the right track, i often misread and take information in wrong and this is something i want to be 120% sure of my facts with.

When i was successful with my ESA the lady that helped me with filling in the forms and such did mention PIP to me but at the time i was still pretty stressed with the process of my medical exam etc, so i will now go down the PIP route and keep note of those links and info provided.

Thank you again, great to finally have some helpful people to give me advice, it is very much appreciated.

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