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Spouse Visa Application (ILR) - No Public Recourse help

Questions and discussions about claiming benefits while living and working in the UK

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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SpinnyUK
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Joined: Sat Mar 30, 2024 3:04 pm
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Spouse Visa Application (ILR) - No Public Recourse help

Post by SpinnyUK » Sat Mar 30, 2024 3:40 pm

Hi All,

As the spouse, I'm hoping to submit an ILR application in the next few days/weeks. My wife (the applicant) and I both hold stable jobs, and we've been working in our respective jobs for over a year.

However, 2 years ago, I experienced a pretty horrific health problem that led me to leave my last job. I was unemployed for a few months. Because of financial difficulty, and desperation, I applied for Employment Support Allowance (ESA), and Personal Independence Payment (PIP).

I'm still getting PIP payments because I'm still unwell, but I stopped receving the ESA payments after I got a new job in January last year. I received advice at the time of making a claim for both benefits that I would be allowed to claim both ESA and PIP despite being a sponsor for a spouse.

From my limited understanding, I believe that it is okay to be getting PIP payments, but I can't find any information or guidance related to ESA and how it affects the application we are about to submit.

Should I be concerned, or we in the clear here?

I appreciate any help and advice.

Amber
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Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
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Re: Spouse Visa Application (ILR) - No Public Recourse help

Post by Amber » Wed Apr 03, 2024 8:33 pm

If you are British/settled then it’s fine if you claim PIP and will not affect your spouse’s application. In fact, it’s an exception to the general financial requirement for a spouse visa.
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