Our firm consulted an applicant who wished to apply for a spouse visa to join his wife (Sponsor) in the UK. His wife was in receipt of Disability Living Allowance and they had reservations as to whether they could even meet the spouse visa financial requirement.

The published guidance notes exempts person in receipt of Disability Living Allowance, from meeting the strict income provisions under the spouse visa financial requirement.

This applies also to:

  • Carer’s Allowance
  • Severe Disablement Allowance
  • Industrial Injuries Disablement Benefit
  • Attendance Allowance or Personal Independence Payment
  • Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance
  • Mobility Supplement or War Disablement Pension under the War Pensions Scheme

The applicant and sponsor must provide the following documentary evidence in support of the application:

  • Official documentation from the Department for Work and Pensions or Veterans Agency confirming the current entitlement and the amount currently received
  • At least one personal bank statement in the 12-month period prior to the date of application. The bank statement should show payment of the benefit or allowance into their account.

Check : Your UK Spouse Visa requirements 2020 today!

The relevant guidance is set out in IDI Chapter 8 section 1.7a.

However, the applicant and sponsor must go on to provide evidence that they can adequately maintain and accommodate themselves without recourse to public funds or additional benefits.

Should the visa be extended from within the UK, the applicant will be exempt from meeting the minimum income requirements unless her sponsor ceases to be entitled to or is no longer in receipt of Disability Living Allowance.

The applicant was pleased to receive the above advise and is now in the process of gathering further documentary evidence to support their spouse visa application.

Read : 2020 FAQs of UK Spouse Visa | Your Questions & Expert Answers by UK Spouse Visa Consultant

At Smartmove2UK our UK Immigration experts have helped applicants from around to world to apply for Settlement visas to allow migrants to joint their spouses, unmarried partners, civil partner or same sex partner. We have also successfully represented clients who are claiming disability allowances. If you are considering applying for UK spouse visa, unmarried partner visa, civil partner visa, same sex partner visa, fiance visa or have had an application for entry clearance refused.

You can contact our immigration experts at +91 22 2850 9857 or +91 98191 27002 or email us at info@smi.legal You can find our presence in New Delhi, Chandigarh, Bengaluru as well as Mumbai being our registered office along with international boundaries extending to London.

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