If you are a non-British national and want to get married in the UK or enter into a civil partnership with your fiancé who is a British citizen or has settled status in the UK, you can apply for a UK Fiancé visa. Your partner in the UK must sponsor you for you to be eligible to apply for a UK Fiancé visa. UK Fiancé visa allows you to stay in the UK for up to 6 months. Within six months of your arrival in the UK, you must marry or enter into a civil partnership with your UK-based partner. If you do so, you become eligible to apply for a UK Spouse Visa if you wish to continue living in the UK with your partner.
You must meet the financial requirement to make a successful UK Fiancé Visa application. In general circumstances, you can meet the financial requirements by way of the permitted sources of income/savings.
However, if your partner in the UK is receiving one or more of the below benefits or allowances, you can meet the financial requirement by providing evidence of “adequate maintenance” instead of meeting an income threshold.
Carer’s Allowance
Personal Independence Payment (PIP)
Disability Living Allowance
Severe Disablement Allowance
Industrial Injuries Disablement Benefit
Attendance Allowance
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
Police Injury Pension
If your partner in the UK receives PIP (Personal Independence Payment) or carer’s allowance, you need to pass the “adequate maintenance” test. This means there is no fixed amount to be met for meeting the financial requirement. The amount required to pass the adequate maintenance test varies on a case-to-case basis. However, the formula to pass the proper maintenance test is
Net weekly receipts of benefits or income – the costs of accommodate = or greater than the income support allowance for a family of same size.
PIP Weekly rate
Personal Independence Payment (PIP) can help with extra living costs if one in the UK has:
A long-term physical or mental health condition or disability and
Difficulty doing certain daily tasks or getting around because of your condition
You can get PIP even if you’re working, have savings, or are getting most other benefits.
PIP weekly rate for the year 2023/2024 is:
Daily Living lower weekly rate - £68.10
Daily Living higher weekly rate - £101.75
Mobility-related lower weekly rate - £26.90
Mobility-related higher weekly rate - £71.00
PIP is tax-free, and you may get PIP on both parts, i.e. Daily Living and Mobility-related.
You could get £76.75 a week if you care for someone at least 35 hours a week, and they get certain benefits. You do not have to be related to, or live with, the person you care for.
You can choose to be paid weekly in advance or every four weeks. You do not get paid extra if you care for more than one person, and if someone else also cares for the same person as you, only one of you can claim Carer’s Allowance.
You have to pay a tax on the carer’s allowance if your income is over the Personal Allowance.
So, for example, if your partner in the UK earned a weekly income of £250 (including PIP or carer’s allowance) after tax and national insurance had been deduced, accommodation costs were £90 per week (£80 for rent and £10 for council tax), the sponsor’s earnings minus accommodation costs amount to £160. The income support rate for a couple aged 18 or over is £113.30.
£250-£90 ≥ £114.85
So, the requirement is met as the sponsor’s net income is more than the amount they would receive if they were eligible for income support or equivalent.
Should you wish to instruct us in connection with your UK fiancé visa please call us on 02034111261 or email us on info@visaandmigration.com.
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