Is Housing Benefit Effected With a Visa Applicant

Muttleythefrog

You've had some good advice on immigration rules here. To confirm... the advice in last post is correct on partner being added to your claim but no increase in the benefits when considered public funds. It's sadly a lose lose situation.. but obviously love conquers money! I lost severe disability premium and (Mexican) partner cannot claim carer's allowance to replace it.

And the previous post to that is correct on the maintenance test... which is applicable to you as you get CA...
It translates as you must have at least the equivalent income of income support relevant for your circumstances after housing costs. The equation has been provided and benefits as advised are included as income. It's unclear whether you'd pass the test... if you think not... having done the sums... I think you might need to look at savings held for 6 months which could be considered in the calculation (and even if not significant could push you through the maintenance equation which on the face of it looks tight). Refer to page 9/10 of the relevant document regarding this latter matter... I'll divide up this link as it is killing the page formatting... space added after file/ https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/
452967/IDI_Adequate_Maintenance_and_Accommodation_Appendix_FM_Annex_1_7A.pdf

Actually you've also received an important pointer on healthcare from another poster. Because the fiance Visa is only for 6 months it doesn't incur the Immigration Health Surcharge which means if she is likely to need medical care in coming months then she isn't able to use the NHS on the free terms as she will be able to once you get the next Visa (Leave to remain as partner - 30 months length). You've already considered it... probably not an issue... but it is an apparent anomaly that could catch someone out... the other is that fiancee Visa does not allow partner to work here.

Best wishes.... we're down the line now in same process... just over a year away from applying for indefinite leave as we're in the second period of leave to remain as a spouse. I strongly advise applying for the leave to remain as soon as possible after wedding as they really can take their time and it is the date this leave is awarded that will determine down the line (5 years) when Indefinite leave can be gotten (assuming that's your aim) and then public funds becomes a non issue as well as further Visas. At least it appears you have a partner from English speaking nation - that will get you around the english language tests.

Another bit of advice... down the line you'll need to evidence relationship via cohabitation.. this is done through supply of 6 jointly addressed (or replace any lacking jointly addressed with 2 separately addressed) from at least 3 different sources over the previous 2 years to Visa application (or in the case of your first application when here the time since you moved in together which will obviously be less than 6 months). I'm advising so you can hit the ground running in what is a tricky start where she may find it difficult to get much other than a basic bank account (if even that!). I'm conscious your situation may be additionally difficult due to the domestic set up... try to get yourselves named on things like utility bills and council tax documents. As time progresses and if you end up in your own place these things become much simpler but I've seen people caught out struggling to evidence cohabitation especially given the short duration of fiance Visa and fact you'll be involved in wedding related stuff. Try to get any official letters regarding wedding (like from Local authority) sent to you addressed to you both perhaps. Just some ideas... you'll have plenty to think about.. I'm glad I'm further down the line and have avoided some of the massive hikes in fees.

Muttleythefrog

Mojisola wrote: »

Glad to hear there's special arrangements for carers. As my relatives were both working, they were able to comply with the combined income rule.

The special rules to exempt those in receipt of disability related benefits from the new (not so new now) financial rules and instead have to pass the old accommodate and maintain rules (linked above in my chopped in half link).... I understand was done to prevent the government facing issues over claims of denial of human rights (right to family life) by disabled who could be seriously impacted by disability in ability to earn enough income to meet the financial test rules. In practice of course the rules deny many a right to family life - theoretically most working women would not pass the financial rules test to bring a partner here as example.

But I think that's probably the background.