SPOUSE VISA APPLYING FOR ILR

[Greenie]

hi there,


I have also just checked and it says DLA can be used towards an income and not only for my disability needs

that's what I said, yes.

[fraternisation]

Hi all


My wife is applying very soon for ILR as well after finishing the 2 years spouse visa. Everything is in order for us but we are unsure about the finance part of it. I am student at uni and I receive student maintenance and grants part of them grants is the adult dependent grant (is that classed as public fund?) What we need to know is the whole financial help form student finance comes up to 10045 and I also get DLA and ESA income based.


We are really in a dilemma and don't know if things will go fine.

[fraternisation]

can someone answer my question please?

[Greenie]

i get a total of £122.80 a week 67.50 living expenses and 55.30 because i am disabled my wife is not mentione din the claim at all and it is income related ESA what does that means? bad good???? is it only single claim i just checked th eletter and that what it says

as you get an additional 55.30 per week from ESA due to your disability I would say that to meet the maintenance requirement you need to show that you have £162.25 (£105.95 + 55.30) per week after rent and council tax are deducted - this is because the standard rate of income support for a couple is £105.95 but you need an additional 55.30 per week due to your disability.

You are probably entitled to legal aid given that you get ESA - perhaps instruct an immigration solicitor to advise you on the requirements.

[Greenie]

sorry yes you are rigth can i also ask if you have a link for what is classed as public fund in our application ie i get dla student grants and loans and as a disabled student i get ESA

See public funds guidance

You can claim any benefits to which you are entitled, but you can't ahve additional recourse to public funds due to your wife being in the UK - specifically in your case you should only be claiming single persons rate of ESA and not the couple's rate

How much do you get in ESA?

See also spouse visa and disabled sponsor for an example of how you can calculate how much extra you need to show on top of the standard £105.95 per week for a couple due to your disability.

[fraternisation]

is adult support grant classed as public fund???

[louba]

Hi all,


my wife is about to apply for her settlement after finishing the years wife visa. We are fine with all the requirements apart from the doubt we have about the financial asset. I am a full time student so I do not work and my wife works as a volunteer are there any exceptions for students or would they take the student finance money as an income?

there are no exceptions for students, you have to meet the same financial requirements. your student maintenance loan/grant can be taken into account although obviously not your tuition fee loan.

Do you have children?

If no then you need to show that after paying rent and council tax you have at least £105.95 per month remaining to live on.

IS IT 105.95 FOR BOTH OF US OR EACH??

[fraternisation]

right after long thinking we decided to apply for my wife's visa after coming back from our holiday the issue we need to know about is

1- My wife visa expires on 18/01/2012 and we coming back to the country from holiday on 28/12/2012 would that be a problem to enter the country?

2- probably we are planing to do same day in person application at sheffield office would there be enough time to book an appointment? We arrive back to the country on 28/12/2011 and the visa expires on 18/01/2012? Please let us know how long the appointment system for same day application take and also how can the payment be made there on the same day or do we have to pay before hand?

[geriatrix]

1. No.
2. PEO appointment slots become available six weeks in advance. Whether you will be able to book one before 18/01 when you start searching for one upon your return is anyone's guess. I believe "applying online and paying online" is your choice - alternatively, you can book an appointment and still use the paper form to apply and pay fees at the PEO on the day of your appointment.

[fraternisation]

How about sending the application by post as soon as we come back which will be around the 3rd or 4th of January which is 12 to 13 days before the expiry date would that be a problem at all? If we send it by recorded delivery to sign for and get the recite that it has been sent would that be ok?

[geriatrix]

You can submit an in-time application until 23:59:59 hours on the date of expiry. Your choice how you wish to submit - by post or in-person.