New case on 'public funds’
In many categories under the UK Immigration Rules, it is a requirement that the person coming to the UK can be supported without recourse to public funds. Public funds is a term for benefits paid to people in need by the state. It has a specific definition in the UK Immigration Rules.
It is possible for a sponsor (for example the UK-based person wishing their spouse, civil partner or other relative to join them) to receive benefits from the state. What is prohibited is that it should be necessary to increase the benefits they receive to support the person they are sponsoring. In assessing whether a person coming to the UK can be supported without recourse to public funds it is necessary to look at how they will be supported.
The Asylum and Immigration Tribunal (AIT) examined the question in the case of MK (Somalia) [2007] UKAIT 00028. MK sought entry clearance (a visa) as a spouse, to join his wife in the UK. He was refused. It was argued that it would not be possible for he and his wife to support themselves adequately without recourse to public funds. His appeal against this refusal failed.
MK’s wife had a disability; she was deaf and dumb. She was receiving a basic allowance from the UK state (Income Support), plus extra state money paid to her because of her disabilities (Disability Living Allowance). The amount of Income Support, the basic allowance from the state for people in need, normally treated as representing the minimum amount a person can live on in the UK. Thus for example, if a wife is working in the UK, then to decide whether she can support the husband who wishes to join her, the UK Border and Immigration Agency and the AIT will look at whether she is earning more than the sum of money payable as income support to a married couple.
Disability Living Allowance can be spent by the person who receives the benefit as he or she wishes. It was argued on behalf of MK that because the amount of money that his wife received in total was more than the income support payable to a married couple, that he could be supported without recourse to public funds. It was argued that the Disability Living Allowance in the same way as UK law would treat extra money earned a result of a part time job.
The AIT did not agree. It said that MK’s wife was receiving the extra money because, as a result of her disabilities, she needed it. A person with a disability would not be able to manage on the basic level of income support; that is why the money is paid. Even if MK’s wife claimed to live very simply and not to need the money, it could not be treated as spare money that she could use to support her husband. Therefore, MK’s wife did not have enough to spare money to show that the couple could be supported without recourse to public funds and the appeal failed.
The UK Immigration Rules require people to show that there will be adequate accommodation if the applicant joins the sponsor and that the sponsor and applicant will be able to maintain themselves and any dependants without recourse to public funds. It is important to prepare applications carefully, even if the level of income not to low, to ensure that enough evidence has been provided to satisfy the rules.
