Adequate maintenance and Income Support

[Jem60]

Sorry if I've already been told this (so stressed with all this, I'm not sure what I've been told. My daughter is exempt from the financial rules due to a disability, and her ONLY source of income is benefits. One of those benefits is Income Support. Can someone please clarify that her husband joining her would not increase the level of income support, as this possibility would mean his application for a spouse visa would be denied? Can you also explain to me why it would not increase. Thank you.

[Amber]

It should not increase, insofar as the claim was joint but the DWP were aware that your partner is subject to immigration control.

[Jem60]

But I thought it was more about being entitled to more as opposed to actually claiming it? So even if the sponsor didn't claim extra support, the applicant being entitled to it would lead to a refusal. This is what is worrying me.

[Amber]

I think it's needless worry. However, there are many people who have to appeal, I suggest you set it out clearly as per the Adequate Maintenance thread.

[Jem60]

One last question! If adequate maintenance is proved and everything else is good, can the application still be refused if the VO doesn't believe he has realistic chance of a job? Thank you.

[Amber]

No.

[Jem60]

I would like to thank all of you on here who have given advice, particularly Amber, who enabled us to set out my son-in-law's visa application. It has been a long wait, but today he got his visa:). Such a relief for us all. Good luck to everyone who is still waiting.

[Jem60]

Hi
Can someone please help me understand how the benefit system works once my son in law comes to the UK on a settlement visa. My daughter is exempt from the new rules and had to claim adequate maintenance. Now her husband is coming she will lose her income support which apparently will lead to her losing her housing benefit also. The job centre said she can claim ESA but that might take a long time. I am really worried that if her husband doesn't find a job quickly they and the children will not manage. I have also just read that a Tunisian cannot claim working tax credits so they will struggle even if he does find work quickly. I don't understand how it has been accepted that my daughter can adequately maintain him if her benefits will be taken away and if there will be no tax credits. I hope someone can advise me, thank you.