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If you wish to come to the UK as a spouse of UK citizen, or as a UK citizen you wish to bring your foreign spouse to live with you in the UK, there are certain financial requirements that must be met.

However, if the UK spouse or partner, known as the sponsor, has a disability and cannot work, or is restricted in their working, you may be concerned about whether this requirement is met.

If the UK spouse or partner has a disability or is a carer, the applicant may be exempt from meeting the financial requirements for a UK spouse or partner visa. If you are facing this situation, we would advise that you consult a specialist immigration solicitor to assist you in providing the required proof to meet your exemption.

Financial Requirement Exemption for Spouse or Partner Visas

Although, as a result of a disability, you may be exempt from meeting the current income threshold, the sponsor will need to prove that they can adequately maintain the foreign spouse or partner they are bringing to the UK and also any dependents.

Where the UK partner is in receipt of any of the following in the UK, the applicant will meet the financial requirement so long as they can provide evidence of ‘adequate maintenance’ as opposed to meeting the financial threshold:
  • Carer’s Allowance.
  • Disability Living Allowance.
  • Personal Independence Payment.
  • Severe Disablement Allowance.
  • Industrial Injuries Disablement Benefit.
  • Attendance Allowance.
  • Armed Forces Independence Payment
  • Guaranteed Income Payment
  • Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
You must provide proof of receipt of this benefit in the form of:
(a) Official documentation from the Department for Work and Pensions or the VeteransAgency, that confirms current entitlement and also the amount being received.
(b)  A bank statement issued in the last 12-months prior to the application demonstrating payment of the benefit or allowance into the account.

It is not necessary to prove that the applicant meets the minimum financial threshold. However, you will be required to demonstrate that the applicant can be supported without recourse to further public funds.

It is important to note,  that if the spouse or partner of such an applicant no longer receives the benefit they have provide evidence of, the minimum threshold will apply to the applicant. If you are a sponsor with a disability looking to bring your spouse or partner to the UK, it is important you seek specialist immigration advice.

Contact Sultan Lloyd Solicitors

The law governing UK citizenship is complicated and demands the attention of specialist immigration lawyers. Sultan Lloyd Solicitors are specialists in the field of Immigration law and citizenship. Our team is made up of lawyers that are highly trained in advising on all aspects of UK immigration law and assisting clients to complete the necessary paperwork. Contact our team now on +44 (0)121 248 2850, by mobile on: +44 (0)7961 314 247 or email:This email address is being protected from spambots. You need JavaScript enabled to view it.. 

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