Ever since the requirement for meeting the financial requirements came in to effect from 9th July 2012 there has been concern about the right to family life of those individuals who are British citizens or settled in the UK and are claiming UK spouse benefits or allowances from the Government on whether they can bring their non EEA spouses or partners to the UK.
The Immigration rules provide that if the applicant’s partner receives any of the following allowances then the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold. The specified allowances include Carer’s Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Personal Independence Payment, Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme, Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
In any of the above cases where the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”.The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. However the rules do not allow the applicant to rely on promises of third party support or prospective employment or a job offer.
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If you are considering applying for spouse visa, unmarried partner visa or civil partner visa and your UK sponsor is in receipt of any of the above allowances and you would like to apply for a visa to join your partner permanently in the UK then you can book an appointment with our UK Immigration experts at SmartMove2UK by calling +919819127002 or email us to book an appointment.
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