The UK Spouse Visa and Claiming Benefits

Many persons want to apply for the UK Spouse or Unmarried Partner Visa but are concerned that they may not do so, as their partner is claiming benefits in the UK. Fortunately, Breytenbachs has good news for couples in this position. It is indeed possible to apply, and less stringent financial requirements apply in such cases. 

Financial Requirement of Family Settlement Routes 

Applying for a UK Spouse or Unmarried Partner visa can be quite daunting due to the strict financial requirements. Furthermore, the financial thresholds increase with each dependent child added to the Spouse or Unmarried Partner visa application.

There might be some light at the end of the tunnel if your UK Spouse or Unmarried Partner currently resides in the UK and they are presently claiming certain benefits through the UK Department for Work and Pensions.

Persons in such a situation will be exempt from meeting the strict financial requirements through your Spouse or Unmarried Partners’ employment income or cash savings. Note, however, that you will have to submit proof of the benefit claims your Spouse or Unmarried Partner is currently receiving. You will still be required to prove that you can adequately maintain and accommodate yourself. 

Also important to note is that there are only specifically listed benefits that would qualify you to prove adequate maintenance and accommodation instead of the normal strict financial requirements. Please speak to your Breytenbachs consultant for more information on this. 

ALSO READ: Do you have a claim to British Citizenship?

Proving Adequate Maintenance and Accommodation 

To prove adequate maintenance and accommodation, you would need to prove that you have funds available through employment or cash savings. The funds must be equal or more than what a family of your size would have received in weekly Income Support benefits in the UK, after your accommodation expenses in the UK is considered.

A very specific calculation needs to be done when assessing what the weekly amount is that you would need to prove. Although many people are under the impression that they would be completely exempt from any financial requirements, this is not the case. Proving adequate maintenance and accommodation is less stringent with lower thresholds than the strict financial requirements. However, this is still a complex requirement, and careful assessment of your circumstances is required.

ALSO READ: Fiancé Visa for the United Kingdom

How Breytenbachs can help you to apply for UK Spouse Visa

Breytenbachs Immigration Consultants have a team of highly trained and experienced consultants in UK Family Immigration Routes. They will assist you by assessing your circumstances and advising you on the best way forward in applying for a Spouse or Unmarried Partner visa application.

If you have any queries or would like to discuss any UK immigration issues, please email us at [email protected] or visit our website at

You can also phone your nearest Breytenbach’s office on the following numbers: Durban – 031 880 2777, Cape Town – 021 830 5246 or Pretoria – 021 460 9959. You can also contact our London office at +44 207 442 2160.

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes without any warranty of any kind, either expressed or implied. 

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