confused,benefits visa etc...help

[patchouli]

Hi, I am confused and wonder if anyone could advise?
My son is marrying his Filipina girlfriend this year, hopefully in the UK. Firstly he wants to bring her over on the Fiance visa which he thinks he can change to a spouse visa once they are married?? and secondly... he lives in our family home but has the whole 3rd floor as his flat and receives DLA and ESA but has no other income. I am worried about the fact he is only on benefits which I read he can not be allowed to use as his ability to provide for her once she is here... copied from this site
'One of the important points to take away from this is the 'no help from public funds', this means that if you are claiming benefits, then you fiance/spouse cannot be dependant on you. This is a point which can be very challenging to overcome'

....Help

thank you for your help in advance.

[Terpe]

- Your son is exempt from meeting the requirements of the Financial Requirement because he is receiving DLA.
- In this case your son needs to both meet the requirements and provide evidence of the requirements for “adequate maintenance” without recourse to public funds.
- “Adequate Maintenance” does not allow any promises of third party support or prospective employment or a job offer.
- The Financial Requirement income threshold will apply at all next application stages (currently two periods 30 months) if your son is no longer in receipt of DLA at that time. However, your son's wife will have her income allowed to be counted

- 'Adequate maintenance' basically means that NET income less total housing costs must be equal to or greater than the level of income that would be available to them if, as a couple, they were in receipt of Income Support.

- UKBA calculate whether the applicant can be adequately maintained by using the following process:-
(a) Establish the sponsor’s current net income. (Income from benefits can be included as income so means his ESA can also be included.
(b) Establish the sponsor’s current total housing costs from the evidence provided.
(c) Deduct the housing costs from the net income.
(d) Calculate how much the sponsor and his spouse/family would receive if they were on Income Support.
(e) Compare the sponsor’s net income after deduction of housing costs with the equivalent Income Support rate.

- The 2013/2014 Income Support level for a couple both over 18 is £112.55 per week
(Expect this level to change in April 2014 to a proposed new level of £113.70 per week

- Your son is free to claim any benefits he is entitled too, however he must not claim additional amounts solely because his fiancee/spouse is living with him.

Don't be shy to ask for clarification on anything that concerns you.

Concerning Fiancee Visa application, your son will need to pay extra attention to provision of supporting evidence of:-
- a genuine and subsisting relationship
- intention to marry and to permanently live together in UK

[Terpe]

Just to add that the Fiancee of your son will need to secure a pass certificate for English Language and also for TB testing.

Here's a link for the English language requirement (http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/can-you-apply/english-language/)

Here's a link about Tuberculosis testing in the Philippines (http://www.ukba.homeoffice.gov.uk/countries/philippines/applying/tb-test/?langname=null)

[patchouli]

thank you for the information. I think I will need to digest it a little but think I understand. massive thanks x