Hello all. I'm Louis from Kingston, Surrey.

[louismc44]

Hello Ricky.
Thanks.
True love!
I like to experience this.

[louismc44]

Thank you Mikey

[louismc44]

Hi Arthur
Yes I would like to hear more of your story Thanks

[joebloggs]

I'm registered disabled.
I have a carer's allowance.
Could I not employ her as my carer?
Then she would be getting paid for taking care of me?
This money is allocated for my care and it would go to her instead of me.
What do you think of this idea?

9.3.2.2 Disabled sponsor

When MK (Somalia) v Entry Clearance Officer was heard in the Court of Appeal the outcome was different ([2007] EWCA Civ 1521). The Court of Appeal held that the appellant could rely on disability living allowance paid to his spouse for the purpose of establishing that she would be adequately maintained without recourse to public funds. The sponsor proposed to use her DLA to support her husband to be her carer. This was a way of meeting her needs by use of the DLA, and a matter of her choice. This is the first Court of Appeal authority on this point, and changes the direction of case law on the capacity of disabled sponsors to support their spouse.

In addition to disability living allowance the sponsor received an enhanced level of income support. This, by agreement of the parties, was incorporated into the calculation of the figure for adequate maintenance.

NM (disability discrimination) Iraq [2008] UKAIT 00026 was another case in which the sponsor was reliant on DLA. The decision did not refer to MK (Somalia), but it appears to be distinguishable on its facts in that in NM the sponsor seemed to be spending all his DLA. The tribunal held it was not discriminatory on grounds of disability to refuse entry clearance to his spouse, though the argument under the Disability Discrimination Act was not fully explored. Note that here the sponsor did not propose to support his spouse financially as his carer, but the tribunal noted it would have been open to her to support herself by finding employment.

AM (Ethiopia), SA (Somalia), MB (Pakistan), VS (Sri Lanka) and MI (Somalia) were joined in the Court of Appeal on the question of third party support (see below). In the course of the judgment, some doubt was cast on reliance on income support by disabled sponsors, but the effect of the case is not altogether clear.

In AM (Somalia) v ECO [2009] EWCA Civ 634 the Court of Appeal held that the application of the rule prohibiting reliance on public funds to disabled sponsors was not unlawful discrimination under Article 14 ECHR.

9.3.3.3 Third party support

The question of whether third party support is permitted for spouses and adult relatives has been addressed for the first time by the Court of Appeal in AM (Ethiopia), SA (Somalia), MB (Pakistan), VS (Sri Lanka), MI (Somalia) and another v Entry Clearance Officer [2008] EWCA Civ 1082. The court decided that third party support was not permissible for these groups, and confirmed it was not available for children, as held in MW (Liberia) [2007] EWCA Civ 1376. The appellants’ appeal was heard by the Supreme Court during the week of the 9th November 2009. Judgment should therefore be given shortly before Christmas or early in the New Year on the issues of sponsors relying upon third party support, and disability discrimination where a sponsor is less able to work through disability.

In AB (Third-party provision of accommodation) v ECO Islamabad [2008] UKAIT 00018 the tribunal held that accommodation could be provided by a third party. Paragraph 281(iv) of the immigration rules requires only that 'there will be' accommodation for spouses. It was unrealistic to expect a young couple always to finance this for themselves:

Access to accommodation in the United Kingdom is, as is well known, an expensive matter… It is part of the common experience of mankind that children, even adult children, continue to live with their parents or sometimes other relatives. (para 9)

TS (working holidaymaker; no third party support) India [2008] UKAIT 00024 is a useful decision to read on third party support as it explores the different ways in which maintenance is treated in different immigration rules. It predates AM in the Court of Appeal but does not conflict with it.

from what i understand about these cases is, essentially states that if you sponsor your spouse as a carer and you state, she will be helping you to meet you care needs, then the money you get from income support and DLA will be counted towards the maintenance requirement for your spouse.

if you say your wife will be providing you with care, then your benefit will be incorporated into maintenance requirement for her application, and her income from her savings could also be incorporated.

After paying rent or mortgage and council tax you should have a minimum of
£100.95 left per week to support you and your wife.

[louismc44]

Thanks Rani

[louismc44]

Thats fine..I think we can manage ok on this...
Thanks a lot for his info...
That seems like a good bit of news...

[joebloggs]

Thats fine..I think we can manage ok on this...
Thanks a lot for his info...
That seems like a good bit of news...

there are places you can get free legal advice who will guide you and help you with your app
your local law centre should have an immigration solicitor http://www.lawcentres.org.uk/lawcentres/detail/find/

IAS http://www.iasuk.org/home.aspx

and maybe even your local citizen advice bureau

but definitely contact the first 2, it should not cost you anything because of your earnings

[louismc44]

Thank you for this info..
I will work through these..
Regards
Louis

[louismc44]

Hi All..
I have a long term relationship with someone from the Philippines, we have met here in the UK for a few months before she went back home.
Now she would like to come over here again. This time to stay with me at my home for 5 months.
My question is this;
Would she be allowed to stay with me even though I am on housing benefit and pension credit, plus I have DLA allowance too..
I have enough money to support her and myself throughout her stay here in the UK
Where can I find out more about this before I invite her here? As I don't want to get into any deep trouble with the authorities, specially with this lot that we have in power at the moment?

[Languish]

Echoing the others - if there is a way to get out there then you should. You can at least gauge if she truly is the right one for you. I knew it before i left too but visiting just reinforced everyone and paved the way for future plans. Good luck in your endeavour!