But need clarity on my situation so please advised me if i am wrong.
Been in relationship for 2 years with my filipino wife and been to see her 3 times and now want her to apply for a spouse visa.
I am british receiving disabilty benefit - ESA IR/CB, DLA, SDP Premium, Carers Premium, and recieve 100% HB and CTB for my rented accomodation.
With regards to financial test I have £240.30 a week left after deduct my outgoings.
I will lose £55.30 SDP Premiun when she arrive here to live with me which give us a new total £195.00 after deduct my outgoings.
I have 6 months bank statements showing i am saving around £800 a month apart from 1 month which i used some to go and visit her and now my total is £4200 in savings.
Will this be enough to pass the financial test? which is based on income support rate for a couple at £105.00 a week.
As she will be coming here as my carer and the ruling states that if you sponsor your spouse as a carer and you state she will be helping you to meet you care needs, then the money you get from income support and DLA will be counted towards the maintenance requirement for your spouse.
It mentioned on a previous post on this forum:-
If i have passed the financial test my only concern is this paragragh on the border agency website:-9.3.2.2 Disabled sponsor
When MK (Somalia) v Entry Clearance Officer was heard in the Court of Appeal
the outcome was different ([2007] EWCA Civ 1521). The Court of Appeal held that
the appellant could rely on disability living allowance paid to his spouse for
the purpose of establishing that she would be adequately maintained without
recourse to public funds. The sponsor proposed to use her DLA to support her
husband to be her carer. This was a way of meeting her needs by use of the DLA,
and a matter of her choice. This is the first Court of Appeal authority on this
point, and changes the direction of case law on the capacity of disabled
sponsors to support their spouse.
In addition to disability living allowance the sponsor received an enhanced
level of income support. This, by agreement of the parties, was incorporated
into the calculation of the figure for adequate maintenance.
1) This is what i think will answer the above paragragh as to why I will not be receiving any additional funds:-The question to be considered is whether additional recourse to public funds will be necessary if the applicant is granted leave to enter.
1) Income support, income-based jobseeker’s allowance and income related
employment and support allowance
If your partner is not a ‘person subject to immigration control’ (see p56) but you are, s/he can claim IS, income-related ESA and income-based JSA under the normal rules, but s/he will not receive any benefit for you or any other family member who is a ‘person subject to immigration control’. Full housing costs are payable.35 You are still treated as a couple, so your joint resources are taken into account.
The above is stated in the rules see in CPAG Benefits for Migrants Handbook 5th edition.
Also my DLA and Carers Premium does not have any additional amount for a couple.
2) I am already receiving 100% Housing benefit and council tax benefit.
The rent i pay is fixed for 3 years as stated in the tenancy agreement so therefore there is no additional HB or CTB.
3) As my wife will be living with me I shall no longer be entitled to SDP as it is only payable when i am living alone so therefore i wll receive £55.30 less.
Please can anyone advised me if i am correct or have i missed something?
