passthekimchi

So I got married in the US last month, and now plan to bring my husband over to the UK whenever I can. The original plan was for me to get a job and sponsor him, but my circumstances have taken a turn for the worse, and I am now having to care 24/7 for my autistic adult brother.

Since then I've learned that being a carer (i.e. claiming Carers Allowance) allows me and my husband to be exempt from the financial requirement of the spouse visa, which is amazing. However the problem is that I am currently getting ESA, which means that while I can claim Carers Allowance, I will instead get paid something called "carers premium."

As far as I can tell, getting carers premium is not mentioned as being an exemption from the financial requirement. But I'm wondering if it will still count as being exempt? Does anyone have insight or thoughts on this? I just don't want to apply for the visa anyway, and then get refused because I don't "technically" receive CA. That would be a very painful waste of all my visa fees.

I've searched all over different forums but nobody seems to know anything, so I'd be very grateful for any thoughts.

SanDiegogirl

The following is taken from a benefits website:

A. What the Benefit Agency is saying is correct. You are unable to be paid both of these benefits at the same time. However you should still claim Carers Allowance, you will not receive payment, but you will be eligible for the Carer Premium in your ESA applicable amount.

As you won't get carers allowance you won't be exempt from the financial requirements. (ESA itself is also not an exemption benefit)

In your earlier posts weren't you moving to the US following marriage?

passthekimchi

Thank you for answering! Yes the plan was for me to move to the US, however as per my above post, my circumstances have changed dramatically and now I must stay in the UK to look after my brother.

So can I please confirm that you are absolutely 100% sure that carers premium does not give exemption? I have never gotten a straight answer from my research but have seen other people applying for their visas with CP and nobody seems to say anything, nor do they seem to get their application rejected. But like I say if you are definitely 100% sure about this then I will just have to take your word for it.

Tr1boy

Not sure if this is the way you meant it but your post comes across as quite demanding. SDG has given her take on it and that's all. If you want nailed on confirmation then you need to pay for professional legal advice.

Everyone is a volunteer here.

passthekimchi

No that wasn't my intention at all, just was wondering if SanDiegogirl was as confident as her reply came across, because if she knows for sure then that would help me out a ton! But just wanted to establish that first before I make any serious decisions based on the information she kindly provided.

SanDiegogirl

I have provided my answers based on reading FM 1.7 and FM-SE documentation. Neither of these docs include Carers Allowance Premium in their list of exempted benefits. Taking into account that your first benefit ESA is also not an exempted benefit I am 95% confident that you won't be exempted.

However, as you say that you have seen other people applying with CP and not being rejected, (I personally have not come across anyone applying with CP), then, as said, you should probably not take my conclusion as gospel and take legal advice.

passthekimchi

Thanks for your help. I wasn't expecting anyone to give me an answer on this topic at all, to be honest. All in all, I guess it's not worth wasting money on a visa that has such little chance of being accepted. Also, you not seeing anyone apply with CP is quite telling, since I'm sure you have probably seen a fair share of applications on here.

Thanks again for taking the time to advise

SanDiegogirl

You could always get advice from the Citizens Advice Bureau - however, once again, you'd need to find someone who is knowledgable in immigration law.

passthekimchi

Now I feel stupid. I didn't think of CAB! I went to them a lot in the past. Thank you. It'll be worth seeing what they have to say, if anything.