DLA EXEMPTION FOR SPOUSE VISA-HELP PLEASE.

[ukforever]

hi guys,
i friend of mine is going to apply soon for a spouse visa from abroad and his wife is british/irish citizen,she receives DLA..so they are exempt from the financial requirement..here is the breakdown of what she is getting benefits from the state:

-DLA :£168/month
-Income support:£205.40/every 2 weeks.
-Housing benefits:£85/week
-Council tax benefits:£23/week

can anyone from the respected and knowledgeable members of this forum shed some light and to confirm if my friend and his wife are exempted and could adequately maintain themselves and if anyone could confirm if their spouse visa would be approved.

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]

Have they got any savings? Is there any prospect of a job for the applicant and which Country is the Applicant from?

[ukforever]

no i don't think they do,but i can presume that if they had savings i would know next time i'll talk to my friend and his nationality is from algeria.
so what do u think of the chances they have right now..can u elaborate please.
and for the prospect of working,he used to have permission to work from the home office and used to work as shop sales assistant,and that permission expired now...hence the housing benefit claim.

[Amber]

If the 'sponsor' s receiving middle or higher rate care DLA then as the applicant is from Algeria, s(he) could claim carer's allowance even though he is subject to immigration control, however, as the 'sponsor' is receiving means tested benefits, these would likely be reduced when the applicant arrives. If either of them had prospects of a job this would help and with some savings may succeed. Also to mention that he intends to claim Carer's Allowance (as-allowed) should support the application as that's around £60 per week.

[ukforever]

the applicant lives with his wife right now and he would apply in the next couple of months and he need to apply from abroad for the spouse visa meaning he would travel there,but the issue here is he might be able to apply for carers allowances but i think that she gets the lower rate of the DLA..but i might be wrong,i'll ask him tomorrow first thing and will let u know..but as it stands right now,what are the chances??thanks for the info though i completely forgot that he could claim carers allowances and it will help his application..thanks.
i'll update u tomorrow if they have savings and also if there is any other info that might help..

[dada]

@ukforever I'm in the same position as your friend and I'm now over two months into my application so I will let you know when I receive a response.

[ukforever]

the sponsor receives the lowest rate..does the applicant eligible to claim carers allowances??and about the savings the have £800.
can u please tell me if my friend has a chance for a positive outcome with all what has been said now and above..can u elaborate please..

-DLA :£168/month
-Income support:£205.40/every 2 weeks.
-Housing benefits:£85/week
-Council tax benefits:£23/week
-£800 of savings.
-carers's allowances:?

[Amber]

Is there any prospect of either 'sponsor' or 'applicant' getting a job? Unfortunately, for carers allowance it must be middle or higher rate care.

[ukforever]

Is there any prospect of either 'sponsor' or 'applicant' getting a job? Unfortunately, for carers allowance it must be middle or higher rate care.

yeah u are right,for the carers allowances it has to be the middle or higher,for the prospect of jobs,as for the sponsor,she can't work,she is incapacitated hence why she is getting the income support i guess,but for the applicant he is more than willing to work,as i mentioned before,he was a shop sales assistant,so i guess he could do the same job,i spoke with him about it and i just asked him to get a promise of job lined up for him as when he comes back he has a job waiting for him,i told him that he need a letter from an employer who is willing to take him after he comes back..so i don't know if that would work,but still he is willing to work,he is not looking to come back to just claim benefits,he can't anyway,but still..what do u think are the odds?

[Amber]

It depends if they can get a letter for employment they should stand a good chance of proving, on the balance of probabilities, that they would be able to maintain themselves. Remember, if they are living together, then the means tested benefits should only be a single persons applicable amount, but should be a joint claim.

[dada]

So we were in a very similar situation - receiving the same amount and my spouse visa was issued no problems.

[Dil143]

Hi have you recieved any news on the sucess of your application, i submitted mine 26 september, still waiting but early days.