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disability living allowance...

disability living allowance...

Old Mar 2nd 2009, 12:41 am
  #1  
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Default disability living allowance...

ive dreaded writing this thread and asking for advice on it..

My fiance has received dla for a few years because his OCD was bad enough that he could not work. Since he has met me, his OCD has dramatically improved. He is now 100% medication free and can deal with the germ fear rationally. His doctor included in his letter at his medical that his condition has improved over the past few months.


Now, we spoke to DLA and they said he is entitled to the benefit for up to 6 months after leaving the UK, no matter where he is. Will the receipt of the DLA affect the visa in any way? We have the letter stating he is improved, he is going back to the docs for another letter to indicate his medication free status and we have notarized offer of employment letters plus the sponsorship.


k1 visa awaiting on the interview.
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Old Mar 2nd 2009, 1:20 am
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Default Re: disability living allowance...

I don't know what effect this would have on his immigration (I'm sure someone will be along soon with that info!), but are you sure he'll still be able to receive his DLA when he moves abroad?

http://www.direct.gov.uk/en/Disabled...rt/DG_10012424 seems to suggest he might not be able to..

'Going abroad to live or visit
If you are going to live abroad permanently you cannot usually get Disability Living Allowance.'

Having said that, does your fiance live in Northern Ireland as the rules there seem to be different..

http://www.dsdni.gov.uk/ga_dla.htm
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Old Mar 2nd 2009, 1:38 am
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Default Re: disability living allowance...

Originally Posted by agentpeppermint
Will the receipt of the DLA affect the visa in any way?
I doubt it... the US doesn't care if he's receiving UK benefits.

Ian
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Old Mar 2nd 2009, 2:15 am
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Default Re: disability living allowance...

Originally Posted by ian-mstm
I doubt it... the US doesn't care if he's receiving UK benefits.

Ian
I agree with Ian. The benefits he receives in the UK shouldn't have any bearing on his eligibility for the K-1.

Rene
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Old Mar 2nd 2009, 2:17 am
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Default Re: disability living allowance...

Originally Posted by rebs
I don't know what effect this would have on his immigration (I'm sure someone will be along soon with that info!), but are you sure he'll still be able to receive his DLA when he moves abroad?

http://www.direct.gov.uk/en/Disabled...rt/DG_10012424 seems to suggest he might not be able to..

'Going abroad to live or visit
If you are going to live abroad permanently you cannot usually get Disability Living Allowance.'

Having said that, does your fiance live in Northern Ireland as the rules there seem to be different..

http://www.dsdni.gov.uk/ga_dla.htm
I am assuming until he files for an AOS he is not technically living in the US permanently. Even then, we are planning on returning to the UK eventually... Im not exactly sure how to go about it and neither is he, he was told via phone that he would get it for 6 months after leaving the UK and since he probably wont be doing his next review they will close the case anyways.


I was just worried the DLA might affect his VISA
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Old Mar 2nd 2009, 2:18 am
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Default Re: disability living allowance...

Originally Posted by Noorah101
I agree with Ian. The benefits he receives in the UK shouldn't have any bearing on his eligibility for the K-1.

Rene

Thank you
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Old Mar 2nd 2009, 2:17 pm
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Default Re: disability living allowance...

ap,

From the US immigration point of view, perhaps. But he will be resident (small 'r') in the USA.

What's important here is how the UK agency that's paying the benefits determines what 'living abroad permanently' is.

Regards, JEff


Originally Posted by agentpeppermint
I am assuming until he files for an AOS he is not technically living in the US permanently.
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Old Mar 3rd 2009, 10:44 am
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Default Re: disability living allowance...

Originally Posted by jeffreyhy
ap,

From the US immigration point of view, perhaps. But he will be resident (small 'r') in the USA.

What's important here is how the UK agency that's paying the benefits determines what 'living abroad permanently' is.

Regards, JEff
just as long as it wont be a problem with his visa, i dont care what happens with it the dla that is
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