The UK Spouse Visa and Disability Living Allowance

If you're looking to join your spouse or partner who is a UK citizen, then you can do so by applying for UK Spouse visa. If you're a UK citizen looking to bring your partner or spouse to the UK, then you can sponsor your partner. In normal circumstances, the sponsor has to meet certain financial requirements for his or her partner when he or she comes to the UK. But what if the sponsor has a disability which means they are restricted in their ability to work? 

Key Requirements for UK Spouse Visa

If you want to apply for a UK Spouse Visa, you and your partner must meet certain eligibility requirements. Let us look at that here.

Your partner must be one of the following:

• A British or Irish citizen
• He/she must be 18 or over.
• One with settled status in the UK—for example, indefinite leave to remain, pre-settled or settled status under the EU Settlement Scheme if they are an EEA or Swiss national, or proof of permanent residence
• One with a Turkish businessperson visa or a Turkish worker visa
• One with leave to remain as a refugee, permission to stay as a refugee, or a person with humanitarian protection
• One with permission to stay as a stateless person

You, as a UK Spouse Visa applicant, need to meet the following requirements:

• You must be 18 or over.
• Your relationship is genuine and subsisting.
• You and your partner must be married, and the marriage must be recognized in the UK.
• You and your partner must intend to live together permanently in the UK.
• You must meet the financial requirements. The minimum income threshold to meet the financial requirement as of the date is £29,000. In certain situations where your UK partner is a recipient of Disability Living Allowance or other state benefits, you may be exempted from meeting the minimum income threshold.
• You must have adequate accommodation in the UK where you, your partner, and children (if any) can live.
• You must pass the English language test if required.

Financial exemptions

While applying for a spouse visa in the UK can be straightforward, it is less so if the applicant is disabled and struggling to meet the financial requirements. However, disabled citizens in the UK are entitled to a benefit known as Disability Living Allowance (DLC). This also means they’re exempt from meeting the strict financial income threshold which is usually required for spouse visas. In addition to DLA, the following benefits and allowances are also afforded the same exemption:

• Carer’s Allowance
• Severe Disablement Allowances
• Industrial injuries disablement benefits
• Attendance Allowance or a Personal Independence Payment (PIP)
• Armed Forces Independence Payment or Guaranteed Income Payment - Entitlement to either of these benefits, or a Constant Attendance Allowance, is determined by legislation within the Armed Forces Compensation Scheme
• Mobility Supplement or War Disablement Pension - Eligibility is determined within the War Pensions Scheme

If you’re a UK citizen in receipt of any of the above, you’ll meet the financial requirements attached to UK spouse visa applications, providing you’ve supplied sufficient evidence in support of your application.

What evidence do I need in order to be exempt?

The applicant and sponsor must provide both of the following forms of documentation as evidence that the applicant seeking a UK Spouse visa qualifies for financial exemption:

• Official documentation from the Department for Work and Pensions (DWP) or the Veterans Agency which confirms the current entitlement and the exact amount that the applicant receives for this benefit. 
• A minimum of one bank statement from a personal bank account. This personal bank statement should be dated less than a year before the application is made. The bank statement needs to show that the allowance has been paid directly into their bank account within 12 months of the date of the UK Spouse visa application.

The guidance on which documents need to be supplied for financial exemptions from UK visa criteria is set out in the Immigration Directorate Instruction (IDI) Chapter 8 Section 1.7. The IDI also states that the applicant and sponsor must also supply evidence that they can cover their own maintenance and accommodation expenses without relying on any further benefits or public funding. If  you’re looking for a visa extension from within the UK, then you will only be exempt from meeting a minimum income requirement only if your partner is still entitled to receive DLA or other, similar benefits. This means that if your partner in UK ceases to receive DLA, you must provide evidence that you meet the requirements. Learn more about applying for a spouse visa or get advice from our experienced team if you are looking to join a disabled partner in the UK. 

How can Visa and Migration help you?

After an increase in the minimum income threshold, it has become difficult for foreign nationals to join their UK-based partners. Also, there might be further increases in the future. We can help you keep updated about the government decisions about any changes related to the UK Spouse Visa.
Also, if your partner is receiving Disability Living Allowance or other benefits, you need to give proof with certain documents to avail exemption; otherwise, your visa application may be refused.
Here Visa and Migration can help you prepare the appropriate documents in the correct format to ensure your visa application is successful. 
If you are applying for a UK Spouse Visa and you need assistance, you can contact us.