Wife has no access to public funds but is my carer, what can we do?

System · October 2023

This discussion was created from comments split from: Told that I could apply for carers allowance for myself.

galacticstream · October 2023

Hello everyone. I have an issue I need some advice on. I am English and my wife is non European. we were living in the UK until 2015, (my wife had a visa with no restrictions on). We then had to go overseas as we lost my wife's parents. We were due to return home in 2020. Unfortunately covid came and we got stuck out there for another year. When eventually returning to the UK, the immigration laws have changed and my wife now has a visa with ''no access to public funds'' on it. I have a disability and I get open ended PIP. My wife cannot work cause she is looking after me. I do a desk job from home. My wife - as I indicated earlier - cannot work and cannot claim carers allowance either. So we are struggling. Is there another solution available that can help us?

Jimm_Alumni · October 2023

Hi @galacticstream, welcome to our community

. That was a bit of an old discussion so I separated your post out so people can focus on it and not the older stuff!

Me and my partner also just went through the visa system and she has no access to public funds. I do believe there can be cases where exceptions can be made, I believe there's some clauses regarding if it causes "destitution".

The only thing I can currently find is that Attendance Allowance is fine because it goes to the person being cared for, not the carer. I cannot find any other information with a quick search, but I will look deeper when I find the time!

Did you get any help from a law firm with the visa application at all or apply entirely yourselves? If the former I would imagine they should've informed you about your options?

Edit: If you have not yet tried them already as well, Citizen's Advice also have a section on immigration advice. Get specialist immigration advice - Citizens Advice

galacticstream · October 2023

Hi @Jimm_Scope and thank you for taking the time to respond. Let me start by saying that the solicitors that handled my wife's visa did not offer any advice. The whole visa process cost us almost 10k some of which we had to borrow. I see your point about Attendance Allowance but it says on the GOV website, that you do not qualify if you get PIP. I am wondering whether a trip down to the local DWP will help. I cannot believe that we are in this situation because of my disability. They have created a dead-end for people like us.

poppy123456 · October 2023

Jimm_Scope said:

The only thing I can currently find is that Attendance Allowance is fine because it goes to the person being cared for, not the carer.

Attendance Allowance is a disability benefit for those of state pension age and above. Galacticstream is already claiming PIP so AA wouldn't apply them. See link. https://www.gov.uk/attendance-allowance/eligibility

Their wife has NRPF so will be unable to claim any benefits, if they do then this can affect their visa status.

@galacticstream You can use a benefits calculator to check entitlement to Universal Credit. It's a means tested benefit so whether there's any entitlement will depend on your circumstances. You will also need to claim as a couple but make sure your wife reports having NRPF. https://www.entitledto.co.uk/benefits-calculator

Jimm_Alumni · October 2023

Did I straight up forget to add that Attendance Allowance is only for those above state pension age.

I know that and thought I'd written it *facepalm* I'll be honest, I knew about the clash with PIP but forgot about it while researching my reply.

@galacticstream Unfortunately disabled people and immigrants are often scapegoats as "scroungers". We had to pay a lot ourselves. I'm amazed with the amount you paid your solicitor they didn't give you any advice on that

Wife has no access to public funds but is my carer, what can we do?

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