SPOUSE VISA APPLYING FOR ILR

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 5:12 pm

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?

Post by **Casa** » Wed Aug 31, 2011 5:24 pm

What 'years wife visa' are you referring to exactly? The 2 year spouse visa?

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 6:14 pm

yes two years wife visa

Post by **Greenie** » Wed Aug 31, 2011 6:17 pm

fraternisation wrote: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 Â£105.95 per month remaining to live on.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 6:42 pm

nno children my i am disbaled and i get enhanced grants so if i show my bank statement with 1000 savings would that be enough? do we have to send two bank statements ?

Post by **Greenie** » Wed Aug 31, 2011 6:50 pm

fraternisation wrote:nno children my i am disbaled and i get enhanced grants so if i show my bank statement with 1000 savings would that be enough? do we have to send two bank statements ?

savings can be taken into account but Â£1000 would not last two people very long. How much do you get from your grants and loans, and how much do you have left over once rent and council tax have been paid?

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 6:59 pm

I get Â£3000 every three month that is split iinto three payments around the year apart from thr tuition fees of curse are you suggesting that i should tell them that i will get Â£3000 in loans and grants every three months until finishing my education?

Post by **Greenie** » Wed Aug 31, 2011 7:01 pm

It's not just about your income, but how much you have left after rent and council tax have been deducted.

Note that as you have a disability then usually you need to show you have equivalent to the enhanced rate of income support according to the nature of your disability, meaning you will probably need to show more than Â£105.95 per week

See Disabled sponsor

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 7:06 pm

how owuld i show that if i have only Â£1000 at the time of the application and i get my next payment from student finance in february 2012 i am applying in October just after when getting my first sum of money? I get dla to support my disability needs though do you happen to know anyone who is in similar satiuation here on this forum or maybe if you have a link to the requierments for spouse settelment her eon this forum that would be great

Post by **Greenie** » Wed Aug 31, 2011 7:14 pm

fraternisation wrote:how owuld i show that if i have only Â£1000 at the time of the application and i get my next payment from student finance in february 2012 i am applying in October just after when getting my first sum of money? I get dla to support my disability needs though do you happen to know anyone who is in similar satiuation here on this forum or maybe if you have a link to the requierments for spouse settelment her eon this forum that would be great

read the 'disabled sponsor' link above

See also guidance

You show what your income per month is for the year by providing evidence of your student finance and your DLA. You the provide evidence of how much you pay for your council tax and rent. What do you have left once you make these deductions? What rate of DLA do you get?

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 7:17 pm

i get middles rate care and high rate mobility would that make a difference?

any direct link to the ilr requierments on here

Post by **Greenie** » Wed Aug 31, 2011 7:19 pm

fraternisation wrote:i get middles rate care and high rate mobility would that make a difference?

any direct link to the ilr requierments on here

i have given you two links - see the blue text in my two previous posts.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 7:35 pm

mate i think you are posting me your ideas about the two years spouse visa application my wife already has two years spouse visa and now it is about to end so we are applying for ILR based on marriage

Post by **Greenie** » Wed Aug 31, 2011 7:40 pm

fraternisation wrote:mate i think you are posting me your ideas about the two years spouse visa application my wife already has two years spouse visa and now it is about to end so we are applying for ILR based on marriage

I am posting you links to the guidance relevent to your application. the maintenance requirement is the same for the two year spouse visa as it is for applying for ILR. you need to show that you have at least the rate of income support for a couple in your circumstances -( in your case an enhanced rate due to your disability), after rent and council tax have been deducted.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 7:45 pm

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

Post by **Greenie** » Wed Aug 31, 2011 7:57 pm

fraternisation wrote: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 Â£105.95 per week for a couple due to your disability.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 8:31 pm

i get a total of Â£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

Post by **Greenie** » Wed Aug 31, 2011 8:40 pm

fraternisation wrote:i get a total of Â£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 Â£162.25 (Â£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 Â£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.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 8:52 pm

would they take my dla as an in come and what about the esa some of it is not classed as an income

Post by **Greenie** » Wed Aug 31, 2011 8:57 pm

fraternisation wrote:would they take my dla as an in come and what about the esa some of it is not classed as an income

what do you mean it is not classed as income? do you mean in terms of eligibility for other benefits or for tax purposes?

You add whatever you recieve in benefits, student loans etc, e.g.

ESA
DLA
Student loan
Student grant (including disabled student's allowance if you get this).

and then take away what ever you pay in rent and council tax

if you are left with more than Â£162.25 per week or Â£698.75 per month you should be OK.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 9:03 pm

there are two tapes of ESA one will be classed as ipublic fund and the other is not which the home office will take it as ordinary income i dont know which one is mine thats the problem

Post by **Greenie** » Wed Aug 31, 2011 9:13 pm

fraternisation wrote:there are two tapes of ESA one will be classed as ipublic fund and the other is not which the home office will take it as ordinary income i dont know which one is mine thats the problem

it doesnt matter that you are claiming a public fund, you are entitled to this. Any benefits you recieve are included as part of your income (whether you get for example income based ESA or contribution based ESA, it doesn't matter)

what matters if that your total income, including public funds is enough to support you and your wife without you needing to have additional recourse to public funds. the way you show that you have sufficient income and resourses is to show that you have at least the amount that a couple in income support would get (plus the additonal amount you need for your disability). The way you do this is by looking at your total income, whether it is from benefits or otherwise, and taking off rent and council tax as I have set out.

As suggested I think you should see legal advice so that a suitably qualified profressional can go through the requirements with you and advise you on whether you meet them. This thread is not really getting anywhere.

fraternisation · Post by **fraternisation** » Wed Aug 31, 2011 10:00 pm

there are two types of esa one the home office would class as public fund and the other is not i dont know which one is mine

Post by **Greenie** » Wed Aug 31, 2011 10:18 pm

fraternisation wrote:there are two types of esa one the home office would class as public fund and the other is not i dont know which one is mine

it is irrelevent

fraternisation · Post by **fraternisation** » Thu Sep 01, 2011 9:42 am

hi there,

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

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SPOUSE VISA APPLYING FOR ILR

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