UK Settlement Visa, partner receiving Disabilty Living Allowance

[johnch1213]

As DLA is not in any way income related and that I can work and claim DLA without having to worry about my savings as DLA does not count savings when applying. Can I use my DLA to satisfy the financel requirement to get my wife a visa to the uk.

[theoldgit]

Where the applicant's partner is in receipt of a Disability Living Allowance, the applicant will be able to meet the financial requirement at the application stage by providing evidence of adequate maintenance rather than meeting an income threshold.

Have a read of Section 3.6 of the Financial Requirements Guidance.

I've altered the title to give readers a clue as to the actual question being asked.

Financial_Requirement_Guidance_20140324 (1).pdf

[durhamboy]

johnch1213 - you said in a previous topic :-

"....... B1 is not very hard to achieve My wife passed the test within 9 months of being in the UK, She passed the life in the UK getting 23 questions correct now if she can do anyone can and if at the end of the day the person is not able to achieve the required level then they should leave the UK."

So please tell us why you are asking about using DLA to fulfill the settlement visa financial requirements to get her "a visa TO the UK" when apparently she is already here and passed LITUK?

[durhamboy]

johnch1213 - for some reason you have opened a new topic to try and explain your above post without actually answering the question I posed. Please have the courtesy to answer it. Thank you.

[durhamboy]

Once again johnch1213 can you please answer the question. Thank you.

[johnch1213]

Once again johnch1213 can you please answer the question. Thank you.

I was talking hypothetically as a person who said I gave misinformation was saying that DLA was income related when it isn't which may or may not lead to someone becoming confused

[steady]

If I believed in kharma then this would probably get as close as I could understand . Some may say what goes around comes around.

[johnch1213]

If I believed in kharma then this would probably get as close as I could understand . Some may say what goes around comes around.

What has that got to do with DLA not being income related?

[durhamboy]

Ok so it was hypothetical. So why didn't you say so instead of pretending it was a real situation involving yourself and your wife? Even then when I started to ask you about it you went and started another topic rather than explain yourself.

In my opinion johnch1213 something is not right about you in this forum. However, you do seem to have united the forum against you which is no mean feat.

By the way, I think what "steady" means is that if you pretend/lie about something bad for long enough it may come true.

[johnch1213]

Ok so it was hypothetical. So why didn't you say so instead of pretending it was a real situation involving yourself and your wife? Even then when I started to ask you about it you went and started another topic rather than explain yourself.

In my opinion johnch1213 something is not right about you in this forum. However, you do seem to have united the forum against you which is no mean feat.

By the way, I think what "steady" means is that if you pretend/lie about something bad for long enough it may come true.

Your opinion is of very little interest to me, what did concern me was someone portraying themselves as a visa expert says that DLA is income based which in turn could stop disabled people from applying for settlement visas for there partners when DLA is of course not means tested and is acceptable to wave the income requirement of settlement visa's. Now do you think that it is acceptable for someone to give incorrect information to disabled people?

[7by7]

johnch1213, I wasn't going to post in this thread as theoldgit posted an answer in the second post.

I also knew what your little game was and have better things to do than indulge your childish antics.

But as you have now openly stated your real intention in starting this topic, I will respond.

You are obviously referring to the following exchange in this topic (quotes snipped for clarity and relevance).

In addition, although if the sponsor is in receipt of certain benefits the financial requirement can be met by adequate maintenance, none of those benefits are income related (means tested as you put it). So if the British/UK resident partner is eligible for and receiving income related benefits then it is extremely unlikely that they will be earning enough for the financial requirement to be met when the time comes for FLR or ILR!

One more thing sorry I did forget so if a person is claiming income related ESA and also DLA they are not exempt form the income requirements of a settlement visa?

If you want more details on the financial requirement, read this.

DLA is not purely income related; ESA is not one of the benefits which allow the requirement to be met by adequate maintenance.

I accept that "DLA is not purely income related" was poorly worded; "DLA does have an income related element" would have been better.

I said it because, as someone whose brother is in receipt of DLA, I understand that some elements of it are income related. If I am wrong on this, I apologise. But maybe you can explain why his DLA was reduced after our father died and he received his share of the estate?

I referred you, and others, to the relevant part of financial requirement appendix, and linked to same, which clearly states that someone in receipt of DLA can meet the financial requirement through adequate maintenance. How is that giving incorrect information to disabled people?

Therefore I fail to see how anyone could possibly be confused over this point; except deliberately!

Edited June 13, 2015 by 7by7

[durhamboy]

Ha, ha, ha! You say my opinion is of little interest to you and then you go and ask me a serious question!

I will answer your question. I personally do not know the answer about DLA and have never commented about it. However, if someone genuinely thought they knew the answer and posted their thoughts about it in order to help others then I don't think that they should necessarily be chastised for giving an opinion about something they honestly believed to be true. You seem to be talking in riddles. If you have something to say then say it by setting out all the facts about what was said, who actually said it and the circumstances in which it was said. We can then all make a judgement about your claims.

Now I have answered your question please answer mine i.e. why did you start a completely new topic about this when this topic is still running? I suggest that it was because you didn't want to answer my previous questions but no doubt you will enlighten us. Thank you.

[johnch1213]

Ha, ha, ha! You say my opinion is of little interest to you and then you go and ask me a serious question!

I will answer your question. I personally do not know the answer about DLA and have never commented about it. However, if someone genuinely thought they knew the answer and posted their thoughts about it in order to help others then I don't think that they should necessarily be chastised for giving an opinion about something they honestly believed to be true. You seem to be talking in riddles. If you have something to say then say it by setting out all the facts about what was said, who actually said it and the circumstances in which it was said. We can then all make a judgement about your claims.

Now I have answered your question please answer mine i.e. why did you start a completely new topic about this when this topic is still running? I suggest that it was because you didn't want to answer my previous questions but no doubt you will enlighten us. Thank you.

When you ask anything relevant i shall answer you

[johnch1213]

johnch1213, I wasn't going to post in this thread as theoldgit posted an answer in the second post.

I also knew what your little game was and have better things to do than indulge your childish antics.

But as you have now openly stated your real intention in starting this topic, I will respond.

You are obviously referring to the following exchange in this topic (quotes snipped for clarity and relevance).

In addition, although if the sponsor is in receipt of certain benefits the financial requirement can be met by adequate maintenance, none of those benefits are income related (means tested as you put it). So if the British/UK resident partner is eligible for and receiving income related benefits then it is extremely unlikely that they will be earning enough for the financial requirement to be met when the time comes for FLR or ILR!

One more thing sorry I did forget so if a person is claiming income related ESA and also DLA they are not exempt form the income requirements of a settlement visa?

If you want more details on the financial requirement, read this.

DLA is not purely income related; ESA is not one of the benefits which allow the requirement to be met by adequate maintenance.

I accept that "DLA is not purely income related" was poorly worded; "DLA does have an income related element" would have been better.

I said it because, as someone whose brother is in receipt of DLA, I understand that some elements of it are income related. If I am wrong on this, I apologise. But maybe you can explain why his DLA was reduced after our father died and he received his share of the estate?

I referred you, and others, to the relevant part of financial requirement appendix, and linked to same, which clearly states that someone in receipt of DLA can meet the financial requirement through adequate maintenance. How is that giving incorrect information to disabled people?

Therefore I fail to see how anyone could possibly be confused over this point; except deliberately!

Again you are giving advise that is incorrect DLA is in NO way income related it is a benefit to help meet the costs of disabled people for which you can claim if you are working or not. If you have a lot of money it does not make any difference to how much DLA you are entitled to. However DLA has now been replaced with PIP which the criteria is much harsher but again as far as I am aware this is still not income related and may still be used to for go the financial requirement of settlement visas.

If your brother has had money stopped due to any money he may of got then he really should contact the DWP and complain about this or get in-touch with his local CAB

[7by7]

Again you are giving advise that is incorrect......

Again?

Where else, in your opinion, have I given incorrect information?

I accept that I may have been confused by my brother's case over the income related element of DLA and it could have been other benefits my brother received which were reduced by his inheritance. I do know that he did seek proper advice on the matter.

But; that does not alter the fact that I have never said that someone in receipt of DLA, or PIP, cannot meet the financial requirement via adequate maintenance.

This is an immigration forum, and the effects of receiving DLA, PIP and any of the other benefits listed in part 3.6 of the financial appendix are clear and I have never said differently anywhere.

[johnch1213]

Again you are giving advise that is incorrect......

Again?

Where else, in your opinion, have I given incorrect information?

I accept that I may have been confused by my brother's case over the income related element of DLA and it could have been other benefits my brother received which were reduced by his inheritance. I do know that he did seek proper advice on the matter.

But; that does not alter the fact that I have never said that someone in receipt of DLA, or PIP, cannot meet the financial requirement via adequate maintenance.

This is an immigration forum, and the effects of receiving DLA, PIP and any of the other benefits listed in part 3.6 of the financial appendix are clear and I have never said differently anywhere.

(I said it because, as someone whose brother is in receipt of DLA, I understand that some elements of it are income related)

[7by7]

?????????

What incorrect information do you claim I have posted; specifically incorrect information regarding the UK immigration rules, IDIs, ECGs (if you know what the latter two are) or any other immigration matter?

I know of some examples, which I apologised for when corrected, but do you?

[durhamboy]

7by7 - it is not very often that you and I agree in this forum so let's give johnch1213 a huge thank you for bringing us into agreement.

I know very little about DLA. As far as I see it, you gave your advice honestly and in the spirit of helping people. You may have made a minor error (all of us make errors) and you have apologised for any confusion.

johnch1213 on the other hand seems to be incapable of taking yes for an answer. Plays silly little games in opening multiple threads about the same thing and talking in riddles. He only seems to want to answer the questions he deems relevant.

I have now given up asking him questions about this. As I said in a post above, something is not right about him but that's his problem not ours. I suggest we leave him to his own devices.

[rockingrobin]

I think Johnch1213 is acting like a petulant child in a school playground , deviously trying to fabricate a situation solely in an attempt to embarrass

a certain poster in an act of shameful revenge .

Quite clearly 7by7 stated it was his understanding , and posted a link to the required information,

Johnch1213 you could have been more gracious and polite , use the term 'I think you are mistaken ', and the reasons why.

The whole purpose of this forum is about immigration matters, which at best is convoluted and confusing , and nobody claims to be an expert on all matters. People will have different opinions and experiences and that is to be expected, however with the aid of the forum members and their input we have a better chance to negotiate the pitfalls without getting into personal squabbles which ultimately serve nobody. Honesty and gratitude should be expected by everybody

[theoldgit]

This, hypothetical question, has turned into a flame session so will I close the thread.