Calculating Adequate Maintenance 2016/17 - How To

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, vinny, Obie, EUsmileWEallsmile, batleykhan, sbrennan, Administrator

Calculating Adequate Maintenance 2016/17 - How To

Postby Amber » Mon May 04, 2015 8:25 pm

Please note that there are new benefits rates effective from April 2016 which will need to be used in order to calculate adequate maintenance levels (this is for those who applied for spouse leave before 09 July 2012 or who are exempt from the new Financial Requirement under Appendix FM).

See here (click) for what is meant by adequate accommodation.

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Appendix FM Section 1.7A - Adequate Maintenance And Accommodation (click), staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected NET income (after deduction of income tax and national insurance contributions for earnings);

B is the cost of accommodation (rent/mortgage and council tax); and

C is the Income Support applicable amount.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex FM 1.7A - Maintenance And Accommodation, paragraph 4.1.Permitted income sources. No benefit income is said to be excluded in the Immigration directorate instructions.

If you wish to include savings, you need to work out the weekly tariff income by dividing the total figure of savings by the number of weeks the leave has been granted for. So for example, savings / 130 weeks = weekly tariff income for a FLR(M), Appendix FM application. If the application is for an indefinite leave to remain application, divide the savings by 52 to work out weekly tariff income.

Key rates 2016/17 are:


Income support rates for a:

couple: £114.85 per week/£497.68 per calendar month

single person under 25: £57.90 per week/£250.90 per calendar month

single person over 25: £73.10 per week/£316.77 per calendar month

each dependent child: £66.90 per week/£289.90 per calendar month

income support family premium: £17.45 per week/£75.62 per calendar month


e.g. using these calculations a couple with two children would need to show:

£114.85 for couple
£17.45 family premium
£66.90 x 2 (£66.90 for each dependant child)


=£266.10 per week/£1153.10 per calendar month left over after deducting rent/mortgage and council tax.

A couple with no children would need to show £114.85 per week/ £497.68 per calendar month remaining after rent/mortgage and council tax is deducted.

See
Benefit Rates 2016/17

NOTE: The evidence required to show adequate maintenance for an application under Appendix FM can be found in Immigration directorate instructions Appendix FM Section 1.7A - Adequate Maintenance And Accommodation (click) at Paragraph 5.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.
Amber
Moderator
 
Posts: 16693
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK

Return to Immigration for family members

 


  • Related topics
    Views
    Replies
    Last post

Who is online

Users browsing this forum: Bing [Bot], knucks, Noori and 28 guests