ESA spouse visa

[Kyriacos]

Does ESA qualify to be exempt from spouse visa financial requirements?

An immigration lawyer told me ESA was my ticket to bring my marriage interest over, so we fell in love and got engaged, now I'm worried because I can't find any evidence of this. Please help.

[honeybee13]

Hello and welcome to CAG.

 

Are you a UK citizen please? I don't know a lot about visa rules, but I know you have to have a minimum level of income to bring a spouse from a different country to the UK.

 

HB

[honeybee13]

This is from the Citizens Advice Bureau.

 

https://www.citizensadvice.org.uk/immigration/visas-family-and-friends/getting-a-visa-for-your-partner-to-live-in-the-uk/

 

Can you tell us what ESA stands for please?

 

HB

[Kyriacos]

I'm a british citizen yes and ESA is employment and support allowance, thank you for your welcome

[honeybee13]

Thank you for that.

 

The link I posted says you need a minimum income of £18,600. I don't think ESA covers that, does it?

 

HB

[Kyriacos]

Just now, honeybee13 said:

Thank you for that.

 

The link I posted says you need a minimum income of £18,600. I don't think ESA covers that, does it?

 

HB

Yes but I have an Immigration lawyer that has told me ESA is my ticket to bring her over

[honeybee13]

In that case, I think you need to ask the lawyer for more information. How long ago did s/he say this?

 

HB

[Kyriacos]

Just now, honeybee13 said:

In that case, I think you need to ask the lawyer for more information. How long ago did s/he say this?

 

HB

About two hours ago, and told me many times in the last month. I'm asking him for more information, he's finding files from a case where someone was brought over on ESA to show me

Edited March 29, 2019 by Kyriacos

[Ethel Street]

You need to go back to the lawyer who is advising you and ask them to clarify. The Citizen's Advice page HB linked says that the £18,600 income requirement does not apply if you receive certain benefits, but ESA isn't one of the benefits listed:

 

You won't need to meet this financial requirement if you have one or more of the following benefits:

• Disability Living Allowance

• Severe Disablement Allowance

• Industrial Injuries Disablement Benefit

• Attendance Allowance

• Carer's Allowance

• Personal Independence Payment

• 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 you get one of these benefits, you'll just need to show that you receive enough money to look after your dependant - this is called ‘adequate maintenance’. How much this will be depends on your individual circumstances. 

[Kyriacos]

18 minutes ago, Ethel Street said:

You need to go back to the lawyer who is advising you and ask them to clarify. The Citizen's Advice page HB linked says that the £18,600 income requirement does not apply if you receive certain benefits, but ESA isn't one of the benefits listed:

 

You won't need to meet this financial requirement if you have one or more of the following benefits:

• Disability Living Allowance

• Severe Disablement Allowance

• Industrial Injuries Disablement Benefit

• Attendance Allowance

• Carer's Allowance

• Personal Independence Payment

• 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 you get one of these benefits, you'll just need to show that you receive enough money to look after your dependant - this is called ‘adequate maintenance’. How much this will be depends on your individual circumstances. 

Yes I know it's not listed as one of the benefits, so I'm going through a very hard time right now, I'm waiting for the lawyer to contact me back