Re esa

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Hi I have a girlfriend abroad and want to bring her to uk, I'm on Esa in support group and get pip standard mobility, I have enough income to support us both for initial six months, thenbonce martied she can work after 6 months and once she has her visa to stay, my question is while she is here for initial 6 months will I loose my housing benefit and my Esa, she will be living with me but won't have an income will my benefits stay the same untill our financial circumstances change, as she can't claim benefits for 5 years thanks for your help

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16 Replies

  • Posted

    ESA-wise you should be fine, if you get the premium (can't remember name) due to living alone, you will probably lose that, but overall you won't lose ESA. HB I can't say, I know they have very recently made some changes for new claimants under 35 (I think), you are best phoning your local authority to check that out.  

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    • Posted

      I'm over 35 and I just get normal Esa support group rate , and yes I live alone , but even when fiancée comes she won't be earning or allowed any benefits so basically is it right saying everything will stay as normal untill finances change

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    • Posted

      Hi,  the benefits you have its to support you not your girlfriend,as you are not married yet.. !even married it doesn't include her in your benefit..And what type of visa does she have ? Touristic or 2stay ?? 

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    • Posted

      She will be coming over on a 6 month fiancée visa then once she here we will marry then change visa to spousal visa, I know I can't claim benefits for her for 5 years, but she can work once we are married

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    • Posted

      Well, as soon as she moves in you should still report it to both the DWP and the council as it is still considered a change of circumstances. You shouldn't have a problem with DWP, but I suspect that while HB will probably remain unchanged, the local authority will probably get funny about it. Another thing, I could be wrong, but I thought it was worth mentioning that you will probably lose your single-person's discount on council tax, if you get it.  

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    • Posted

      Yes I was thinking that, but if no extra income then could remain the same, thanks for that I'll ring and ask questions

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    • Posted

      Chris if you don't mind me asking,ppl who works the home office ask them to see their payslip because to get someone here without them knowing its marriage visa its a bad idea, I know for a wife its 20.000 and with a child 22.000 and 2 children 25.000. Single its 20.000 I'm going to be honest with you .i never heard a fiancée visa .dwp and council and home office you think they are going to use your benefit to get married sorry I don't think so. I have a friend till now he can't bring his wife no child and he's working but you Chris you are on benefits.think before and go and get married where she is and you need to support her with your money that means you have to start working .if you can't put her as a carer x

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    • Posted

      What are you on about? A fiance visa is perfectly legit. It isn't just given to anyone, it has requirements that need to be fulfilled before it is awarded. My onlu concern is how he will pay council tax without the the single-person discount. 

       

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    • Posted

      The home office rules are if your on benefits and pip then you are exempt from the salary freshold and as you have £114 or more coming in each week then you can bring them over, but I can't claim benefits for her for 5 years but she can work once married, the only thing I was worrying about was claiming gb and council tax

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    • Posted

      Chris ...Fiance / Fiancee Visa Requirements. The sponsor and the applicant must intend to get married within a six month period. The applicant must be able to support him/herself, or be supported by their partner, without access to public funds.

      UK Fiance Visa - UK Visa Bureau

      and you are on benefit.... Good luckĀ 

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  • Posted

    I'm afraid i can't advice on this other than i know you'd lose your single person discount for Council tax because you won't be living alone once she's here. Anything else i'm afraid you'll have to ring DWP and your local council and report the change once she's arrived.

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  • Posted

    Hi, Chris. 

    You might lose HB if the total of your and your girlfriend's saving is over 16,000 GBP, or HB could be reduced the total saving is over 6,000 GBP.

    As you say, she can work once she gets spouse visa but she cannot claim any benefit until she gets Indefinate Leave to Remain (she can apply after 5 years stay in England as your spouse.).  When she starts working, they will recalculate your benefit by your house hold income, means they would reduce your ESA according to her income. I have a friend who is in similar situation. She went to ask advice from CAB and they told her if she earns more than a certain amount (20 pounds a week or something, anyway unrealisticly little amount), it would affect her partners benefit.  

     According to  what she told me, when they calculate your benefit, they use both of your income and savings. But your benefit wouldn't treated as a couple (you wouldn't get couple rate of ESA, she cannot claim carer's allowance, universal credit and etc.). HB could be reduced according to her earning and saving (I am not sure.).  It seems like more she earns, more you lose...

    She asked if there is any help for housing if their HB is reduced and she was told they can only apply for council house as a single person, means they can only get a studio flat or single person's accommodation.

    This is very complicated matter, so as other people say here, you'd better ask advice from CAB or council. The immigration law is very hard for non EU people here. Good luck and hope bright future for both of you.

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    • Posted

      Thanks for reply, yes I understand that if she works my benefits will be reduced, and I know she cannot claim benefits for 5 years ,
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