Employment and Support Allowance (ESA)
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ESA and foreign partner

kylerbro5kylerbro5 Member Posts: 2 Listener
Hello,

I have a quite of a complicated situation which we havent been able to find answers to online.

My fiancee is in the UK and shes on income related ESA due to disability. We are in the process of applying for a visa for me to join her and be able to get married in the UK.

At the time that I will get the visa to come to the UK, I will have above 16k savings in my foreign bank account (bank account not in the UK). My visa restrictions prohibits me to work and seek employment, and no access to public funds.

Not only am I prohibited to work and access public funds and wouldnt be considered a UK resident, but also my next visa extension isnt guaranteed, and I would have a visa for 6 months and then I would have to extend it once we are married.

So, for the first 6 months of me not being able to work and also isnt a UK resident, would my savings outside the UK affect her ESA benefits? I would certainly have above 16k in pounds. 

It is a difficult situation and seems like a dilemma, as when I am prohibited to work and am on limited time visa (6 months) living with my fiancee, why should it affect her benefit?

Any help is much much much appreciated.

Replies

  • Garfield412Garfield412 Member Posts: 8 Listener
    Hi @kylerbro5

    You / your partner might want to contact the Citizens Advice Bureau, https://www.citizensadvice.org.uk/ for advice on this matter.

    I have some experience with these matters, your partners claim would more than likely be put on hold whilst they investigated the situation before coming to any sort of result or conclusion, thus putting both of you in a financial situation.

    Savings are taken into consideration on an income related claim, I would assume that even though they are outside the UK, they would be included.

  • kylerbro5kylerbro5 Member Posts: 2 Listener
    Thank you for your reply.

    Based on your experience, what do you think is the likely scenario in our situation? Where my ill and disabled partner in receipt of Income-Related ESA is penalized because of my savings abroad when I will join her to live with her in the UK, and me being prohibited to work? I mean, if I was able to seek employment that's perfectly understandable, but in a situation where my immigration standing isn't permanent and I am not yet a UK resident, and have a visa for 6 months only which allows me to get married, and NOT work. What is your opinion about it?
  • Firefly123Firefly123 Member Posts: 525 Pioneering
    You can not get married on a visitors visa or work both need different visa's 
  • Garfield412Garfield412 Member Posts: 8 Listener
    in my experience, based on the details given, her income ESA claim will be suspended whilst they investigate the situation OR if its not included because its outside the UK, then they will just make a note of it.  

    Once you join with your partner in the UK your considered to be a couple (assuming living in the same residence) therefore the household income / savings etc are included and the update decision is based on those facts.

    you not being able to earn an income and the current immigration stature, may effect the overall decision and the time it takes to process the update on the partners ESA claim.

    it all comes down whether or not they will include your non-UK savings, I have spent some time on the Net looking but there is no answer on this.  

    I have heard that there Solicitors that assist with these types of matters, you may be able to find one on the Net, some of them to do it pro-bono or vastly reduced costs, if the there is a benefit-claiment (IE your partner) making the request.

    I hope it all works out for you.  good luck
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