Disabled child leaving home whilst applying for wife's ILR M under adequate maintenance

[James6384]

Hello. My wife (who has FLR M) and I (a British citizen) have a severely mentally disabled child for whom I am a carer. Our child is about to move long-term into a residential care home, as we cannot manage him at home any longer. We are about to apply for my wife's ILR M under adequate maintenance. I receive disability allowances for my child, but this will now change as he is moving into residential care. I will no longer be able to claim child benefit, carers allowance, or the care component of DLA for him. He will also be removed from my housing benefit claim, which will result in us being subject to the under-occupancy penalty. However, it appears that I will continue to receive the mobility component of DLA and also child tax credit (without a disability element) for him.

Although I will no longer receive Carers Allowance for my son, I do receive PIP for myself, and will be able to rely on that in its own right to qualify for the adequate maintenance category. After our son has moved into residential care, I intend to work on my career, but I'll wait until after submitting my wife's ILR M application for that, as it would complicate her application.

Anyway, my question is, what will happen with my wife's application if our benefit situation is in the process of changing while we are applying for her ILR M? Say, if we submit her application whilst we are awaiting processing of the changes to the benefits I receive, which could take weeks. I don't know what we should put on the application form if my benefits are in the process of changing/reducing, but the new amounts have not yet come through. Waiting until the changes have finished processing, and then waiting until we receive the new benefit letters plus a bank statement showing the changes, might mean we're cutting it close to the deadline by which we must apply for my wife's ILR M.

Thanks for any help.

[zimba]

Benefits claimed by you have no influence on her application

[James6384]

Benefits claimed by you have no influence on her application

But the benefit payments will be looked at to show that the requirement of adequate maintenance has been met, right? Like how it was when applying for the spouse visa.

[zimba]

Given that caseworkers rely on the evidence submitted by you, then any ongoing change should not affect you as far as I see.

[JB007]

Our child is about to move long-term into a residential care home
...
After our son has moved into residential care, I intend to work on my career, but I'll wait until after submitting my wife's ILR M application for that, as it would complicate her application.

Anyway, my question is, what will happen with my wife's application if our benefit situation is in the process of changing while we are applying for her ILR M? Say, if we submit her application whilst we are awaiting processing of the changes to the benefits I receive, which could take weeks.

You tell everyone of the various benefit agencies you are claiming from, as soon as your son is in care. They will be fairly quick at stopping/reducing your benefits, to avoid overpayments. When does your wife's visa expire?

Has your wife been working while you have been the carer for your son? She could use her salary to meet the requirements.

[James6384]

Our child is about to move long-term into a residential care home
...
After our son has moved into residential care, I intend to work on my career, but I'll wait until after submitting my wife's ILR M application for that, as it would complicate her application.

Anyway, my question is, what will happen with my wife's application if our benefit situation is in the process of changing while we are applying for her ILR M? Say, if we submit her application whilst we are awaiting processing of the changes to the benefits I receive, which could take weeks.

You tell everyone of the various benefit agencies you are claiming from, as soon as your son is in care. They will be fairly quick at stopping/reducing your benefits, to avoid overpayments. When does your wife's visa expire?

Has your wife been working while you have been the carer for your son? She could use her salary to meet the requirements.

Thanks for this advice. My wife is not currently working, so we'll be using the adequate maintenance category. We've got about four months until the application deadline, which would likely give us enough time.

Since my last post on here, it has become apparent to me that it may take longer than I initially thought for my son to be placed in residential care. He is at the top of the waiting list, but it might still take several weeks or longer.

I am attempting to get my wife's application for ILR submitted before my son is placed in residential care. Do you know if we should mention in the application that he will soon be moving into residential care, or is it irrelevant if he has not yet moved?

I receive Direct Payments for a Personal Assistant to provide care for my son. The contract is signed in my name and not my wife's. The Personal Assistant is technically employed by me, but the contract and payment is managed through an organization, and the payment is funded by the local council and it is not taxable and does not impact upon other benefits that I receive. Do you know if we need to say something about the direct payments on the application form? I think on the application form, there is a question asking if I (the partner of my wife) am employed. Being in receipt of Direct Payments to pay a Personal Assistant is not relevant to that question, right?

Thank you.