please need a help about dla

[maiz.systeme]

Hi , I am looking for some advice and help on immigration. I recently married an Algerian man and wish to bring him to the UK to live with me and my kids. I have married him in his religion and law and am going back in September to marry him in UK laws and religion.
I have altogether got 5 kids. One is 22, one is 20, one is 16 and the others are 10 and 11. My youngest 2 have serious health issues, my daughter Bethany is a severe asthmatic and is dependent on Montelukast tablets, fluticasone inhaler and ventolin inhaler and in extreme cases we have to use ventolin nebules for her nebulizer. My son Nathan has severe leaning difficulties and has a sensory disorder, which means part of his brain doesn't function properly, he also has an impulsiveness disorder which means he doesn't see danger or feel pain as much as a normal child, he has psychologist help and is currently under investigation by a OT (occupational therapist). I have a part time job which I can do from home to ensure I am there for my kids if they are ill at school.
These are the benefits I receive:
- Working Tax Credit
- Disability living allowance
- Mobility Allowance
- Child Tax Credit
- Carers allowance
If I am in receipt of benefits from above it says I am exempt but several people have told me different stories. I cant go out to work any more hours then I do because of my kids I need to be there for them. People say I am not exempt because its my children who get the benefits not me. So it feels as though I am being punished because of it. I am confused and would like your help and advice. I have phoned the UKBA and have been told I am exempt then have rung them again and been told I am not. I have enough income to support myself, my 3 independent children and my Algerian husband. The UK is high on human rights and as British citizens we try to thrive this into everyone but were is the human rights in this? I have a right to be with my husband. I cant take my children out of this country they wouldn't survive without access to medication. This is not only hurting and punishing me but its affecting my kids too. I need some help and guidance and would like to hear your views on thi

[Amber]

Please immediately remove your personal details!

As you are receiving carer's allowance you are exempt from the new financial requirement but must still be able to adequately maintain and accommodate your partner without recourse to public funds. Do you have any savings? I assume your part time jobs is no more than £100 Net per week and do you pay any rent?

[maiz.systeme]

l pay full rent
i get working tax
yes its 96 pounds a week
i get DLA
saving 4000 £

is it good case or we need more

[Amber]

l pay full rent
i get working tax
yes its 96 pounds a week
i get DLA
saving 4000 £

is it good case or we need more

How much is your weekly rent?

[maiz.systeme]

98 £ a week

[Amber]

98 £ a week

How much tax credits (working and child) and child benefit do you get per week or per month? Make sure you are getting the disability elements on your tax credits as your child is receiving DLA.

[maiz.systeme]

working tax weekly 222.50
Child tax includes disability elements for nathan weekly 74.54
Child benefit 47 .10 a week

[Amber]

working tax weekly 222.50
Child tax includes disability elements for nathan weekly 74.54
Child benefit 47 .10 a week

How many hours do you work per week? And are you self employed?

[maiz.systeme]

can ask me all questions u want and i answer that u can know my case please

[Casa]

Amber has asked you more questions in an attempt to help you but you haven't answered.

[Amber]

Indeed, I am worried whether you are entitled to working tax credit or not, therefore, how many hours do you work per week and are you self-employed?

[maiz.systeme]

16 hours and yes l am entitled to working tax credits
not self employed

[Amber]

It was just that on minimum wage (£6.19 p/h) that would be £99.04 rather than £96 that you stated above.

Nonetheless, I’ll use £96 per week as your Net earnings.

Applicable amount for 1 couple + 4 dependent children + Rent = 112.55 + (4 * 65.42) + 98 = £472.23 per week

You income should be equal or greater than the applicable amount to meet the adequate maintenance requirement.

Net Earnings = £96 (as stated) per week
Child benefit = £47.10
Tax credits = £297.04
Carer’s allowance = £59.75
Income from savings = 4000 / 2.5 / 52 = £30.76 per week

Total weekly income = £530.65 per week

Therefore, you should be ok for the adequate maintenance. I assume that your home has enough bedrooms so that it will not be overcrowded with all the people living in it.

[maiz.systeme]

but u have forgot to add 300 pounds which is DLA
nd i have 3 kids not 4

is it the same now

[Amber]

but u have forgot to add 300 pounds which is DLA
nd i have 3 kids not 4

is it the same now

I've not included the dla as technically that's for your child. If you only have 3 dep children (I assumed the 16 was at college) then the applicable amount will be £65.42 less per week, so you're well within 'adequate maintenance'. Again, I would consider whether your home is 'overcrowded' as well.

[maiz.systeme]

thanks u very much! u r very usefull! nd i will work my case with lawyer! to make it better! thank you

[ukforever]

hi d,
can u please help a friend of mine,he is going to apply for a spouse visa and his wife is getting DLA,the link below is where i opened a thread for him..

http://www.immigrationboards.com/viewtopic.php?t=139669

i've read the ukba website regarding the calculations but i couldn't work out if the other benefits are counted towards the adequate amount needed.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

thanks in advance.

[Amber]

Continue in the other thread.