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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Hi, my mother in law is unable to work as she has had a liver

Resolved Question:

Hi, my mother in law is unable to work as she has had a liver transplant. Her husband is in Zimbabwe and seeking to come over here to support her. She is on ESA; is this sufficient for a spousal visa? As she doesn't work she doesn't meet the financial requirements and they don't have any savings. Thanks!
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
The only benefits that can be considered are:

- Carer‟s Allowance.
- Disability Living Allowance.
- Severe Disablement Allowance.
- Industrial Injuries Disablement Benefit.
- Attendance Allowance.
- Personal Independence Payment.

The idea is that the issue stopping work is more permanent than the issue you have described, so I would not expect ESA to be considered suitable for meeting the requirement. There is nothing to stop him making an application but I would expect it to be refused.
Customer: replied 3 years ago.

Thank you for your answer but it doesn't give us more information than is on the guidance sheet. She is completely unable to work, and will be so for at least the next year (she only had the liver transplant a week ago). Her husband has always been the breadwinner therefore the solicitor I spoke to previously said that she couldn't see any other way around the financial requirements other than getting her on benefits, which we have now done but it seems that the ESA doesn't categorise correctly. He needs to come over here and work to be able to care for her, especially as she is now post op. Any suggestions?

Customer: replied 3 years ago.
Relist: Incomplete answer.
The answer given did not suggest any alternative options. We were told that ESA would be sufficient and now we don't know where to turn. Your advice eagerly awaited.
Expert:  Howard replied 3 years ago.
You will appreciate that if the guidance given clearly states the accepted benefits and there are no exceptions then I can only confirm the rules but this does answer your question. I cannot suggest alternatives where none exist.

Ideally you should get her on one of the accepted benefits if possible. If not then you could try to apply but if she is not getting any of the benefits listed on the application form then a doctor's letter stating the situation combined with confirmation of the benefits being received can be supplied but is likely to result in refusal regardless. Nobody can guarantee approval when applying outside the clearly stated rules. If your advisor is so certain that ESA will be accepted then I presume she will be happy to offer a refund of the fees if your application is refused on this basis.

Please remember to positively rate the service even if the answer given is not the one you were hoping for.
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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