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Adequate maintenance:- benefits rates from April 2012

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Tue May 06, 2014 1:21 pm

Read the guidance on the first post of this thread as to what can be used and the suggested evidence.
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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Tue May 06, 2014 5:01 pm

What is your Rent and Liable Council Tax and what HB and CTR do you get (100%)?

Next, the exact amounts for ESA that you get?
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Re: Adequate maintenance: Calculating after April 2014

Post by Belochka82 » Fri May 09, 2014 9:31 am

Can you please tell me if I need to add bills (electricity, gas, etc) to my accommodation costs in calculating adequate maintenance, or just council tax? Thank you.

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Fri May 09, 2014 7:46 pm

No you don't.
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Re: Adequate maintenance: Calculating after April 2014

Post by dnkumars » Tue May 13, 2014 8:49 am

Amber_ wrote:No you don't.
Hi Amber,

I am a British Passport Holder (ILR got it through Tier 2 ICT ) and want to process for my wife & 2 Kids who are in Inida and who are having Indian Passport. My Net Salary is 2050 per month and 1200 (rent + Council ). So, am i eligible to process Visa for them? I would be grateful if you reply to my question.

Many Thanks,
dnkumar

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Tue May 13, 2014 9:52 am

dnkumars wrote:
Amber_ wrote:No you don't.
Hi Amber,

I am a British Passport Holder (ILR got it through Tier 2 ICT ) and want to process for my wife & 2 Kids who are in Inida and who are having Indian Passport. My Net Salary is 2050 per month and 1200 (rent + Council ). So, am i eligible to process Visa for them? I would be grateful if you reply to my question.

Many Thanks,
dnkumar
You are subject to the Financial Requirement as per Annex FM 1.7 (click). This is not the correct thread to discuss your issue, open a new one!
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Re: Adequate maintenance: Calculating after April 2014

Post by diamonddhs » Tue May 13, 2014 2:13 pm

Hi amber
firstly just wanted to ask if you r a solicitor? (Not being rude sorry if I offend)
secondly im v confused about the carers allowance making a person exempt? As somebody told me it may not be the case and that nowadays (2014) it is much more difficult to attain a visa whilst on c/a etc....

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Tue May 13, 2014 2:18 pm

E-ECP.3.3. wrote:The requirements to be met under this paragraph are-
(a) the applicant's partner must be receiving one or more of the following -
(i) disability living allowance;
(ii) severe disablement allowance;
(iii) industrial injury disablement benefit;
(iv) attendance allowance;
(v) carer's allowance;
(vi) personal independence payment;
(vii) Armed Forces Independence Payment or Guaranteed Income Payment under
the Armed Forces Compensation Scheme; or
(viii) Constant Attendance Allowance, Mobility Supplement or War Disablement
Pension under the War Pensions Scheme; and
(b) the applicant must provide evidence that their partner is able to maintain and
accommodate themselves, the applicant and any dependants adequately in the UK
without recourse to public funds
.
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Re: Adequate maintenance: Calculating after April 2014

Post by khaledadda » Fri May 16, 2014 8:51 am

Hi Amber

Could you help on calculation of the minimum income please

I am working full time my wages is varie each month,
Last tree month was as folow, £1159' month 2 , £1350, month 3, £1434,
My wife claiming child tax credit £70.23 per week, child bonifit £135 per month,
My rent £106.63 per week
Council tax £98 per month

Will I meet the minimum income required!
I have appointment on the 10 June

My wife use to work then took one year maternity she was gettin statuary maternity allowance now it stoped and she use to get working tax credit but they suspend it and sent us overpayment of £5000 we speaking against it as they count her statuary maternity allowance as income and on ther website it shouldn't be counted as income ,
My wife was due to go back to work last month and find that her position was given to some1 else now she opening case against her employer as discrimination as it state on her maternity that she would get her position wen she return from maternity
I am so stressed if you could take your time and advise about this matter
Many thanks,

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Fri May 16, 2014 10:42 pm

I assume you have two children; therefore, you would need to show a NET income (after deducting rent and council tax) of:
£263.81

Based on an average weekly income of £303.31 + £70.32 + £34.05 = £407.56 and rent/council tax of £129.25 per week. You appear to satisfy adequate maintenance.

The Tax Credits (Definition and Calculation of Income) Regulations 2002, Reg. 4(1)(h)
This is effectively a disregard of up to £100 for each week of SMP, OSPP, ASPP or SAP received in the tax year. Note that where the rate of SMP, OSPP, ASPP or SAP received is less than £100 per week, only an amount equivalent to that received in each week of SMP, OSPP, ASPP or SAP in the tax year can be disregarded from the total pay and SMP, OSPP, APL or SAP income for the year. For example, if £80 SMP, OSPP, ASPP or SAP is received in any week, only £80 can be disregarded.
This is different from the income tax treatment. All SMP, OSPP, ASPP and SAP is included as income for income tax purposes.
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Re: Adequate maintenance: Calculating after April 2014

Post by bhargav24 » Sun May 18, 2014 7:03 pm

HI , AMBER my gross salary is 1780.but net pay is 1370.there is some extra deductions of like £41 for HSA insurance and £35 health insurance . AND you know tax and NI as well. my question is that ARE they will count as my income or not. money going for insurances.BECAUSE its going from my salary. I am going to apply my baby 's visa. I got ILR wife spouse visa.

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Sun May 18, 2014 7:25 pm

As per:
Definition of ‘adequate’ and ‘adequately’ at page 2 wrote:after income tax, national insurance contributions and housing costs have been deducted
Then the insurances should not be deducted when calculating NET earnings.

Thus, it would be just Gross pay minus income tax and NI contributions.
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Re: Adequate maintenance: Calculating after April 2014

Post by sagareva » Mon May 26, 2014 10:39 pm

what about a single (unmarried) earner with three children as dependants, one of them over 18, others under 16, would the magic number (benefit rates) be roughly the same as a couple with two children then?

I don't think there are listings for a single parent with three children anywhere, and I have zero experience with benefits

My thing is, I am pretty sure my income is big enough for all of this and then some, but I'd like to include a calculation in a cover letter in case we get an ECO who is clueless, and so I need the precise numbers to mention

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Re: Adequate maintenance: Calculating after April 2014

Post by Eden Rose » Tue May 27, 2014 2:42 pm

Hi,

I’ve been a silent follower of this forum and have found it extremely useful...Thanks for sharing!

I have got a question:
I was granted ILR (10 years long res) in July 2013. I switched from a Tier 2 (General). My spouse came here in November 2004 as a Student dependant (with me as the main applicant), then to Tier 2 (General) dependent. When I was granted ILR she switched to dependant of ILR ie. FLR (M) granted July 2013.Is she now eligible to apply for indefinite leave to remain under the '2-year rule?

Will they consider her as having completed 2 years aggregated leave as the spouse of a PBS migrant and then of a settled person, ie, can the leave as the partner of a "relevant points based system migrant" be aggregated with the leave as the partner of a settled person.

If she is eligible, what would be the maintenance requirements? She currently earns a salary of £18,500/year and I'm currently not working and looking for a job

I'll be grateful for any advice

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Tue May 27, 2014 10:28 pm

Yes she'll be eligible by virtue of immigration rule 287(a)(i)(d) on SET(M) B1 English and LIUK required. Adequate maintenance.
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Re: Adequate maintenance: Calculating after April 2014

Post by salman2014 » Thu May 29, 2014 4:57 pm

DEAR
AMBER
IS T3 MONTHS PAYsLIPS AND 3 MONTHS BANK STATEMENT IS ENOUGH FROM MY WIFE COZ LAST TIME I APPLIED WITH 3MONTHS PAYSLIPS AND BANKSTATEMNT ,BUT THIS TIME SOMEONE SAID TO ME I NEED ATLEAST 6 MONTHS
thank you

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Thu May 29, 2014 6:43 pm

3 months wage slips and corresponding bank statements are sufficient for adequate maintenance.
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Re: Adequate maintenance: Calculating after April 2014

Post by salman2014 » Fri May 30, 2014 6:58 pm

THANKS AMBER

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Re: Adequate maintenance: Calculating after April 2014

Post by khaledadda » Sun Jun 01, 2014 9:46 am

Hi Amber
I am confused with few question on Set M

Q- 2B- 2.5 and 2.6
I was on visitor visa and overstayed I was living with my wife from 2005 then went back home to apply for spouse visa end 2010 then got spouse visa on July 2012 so what answer shall iput from the day i got the spouse visa or from the day we start living together even I was overstayer? They got all this info on ther system as wen I was overstayer they give us permission to get married ( COA) form!
Q 2.6 about the previouse Adress we lived the past two years we lived in2 addresses first from July 2012 till jan 2014 and second Adress from jan 2014 till present day shall I put till present day or I have to put date say the day I go to PEO?
Q 9.11 how long have you lived in uk shall I answer from the day I came on spouse visa or the day I came on visitor visa and overstayd?
Many thanks Amber

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Sun Jun 01, 2014 6:38 pm

You should address the questions regarding your time in the UK from when you first arrived. The current address is xx/yy/zzzz - "current".
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Re: Adequate maintenance: Calculating after April 2014

Post by khaledadda » Sun Jun 01, 2014 7:07 pm

Sorry Amber I didn't understand!
You mean I should put from the first time I arrived on visitor visa or shall I put from when I came on spouse visa? I came on visitor visa 05/10/2003 overstayed till 20/11/2010 left the uk back home applied for spouse visa I came on spouse visa on 06/07/2012
What shall I put?
Thanks

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Sun Jun 01, 2014 7:13 pm

I would address the questions from 2012.
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Re: Adequate maintenance: Calculating after April 2014

Post by khaledadda » Sun Jun 01, 2014 7:22 pm

your answer is not clear amber
on Q 2B , 2.1 AND 2.3 I AM GONA HAVE TO ANSWER WHEN OUR RELATION BEGIN AND WHEN WE FIRST MET WITCH GONA BE 2005 THEN ON Q 2B - 2.5 and 2.6 WILL BE CONFUSING IF I PUT 2012 IF YOU UNDERSTAND WHAT I MEAN

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Re: Adequate maintenance: Calculating after April 2014

Post by Amber » Mon Jun 02, 2014 5:23 am

Indeed, so as I originally stated, answer the questions as per the facts, when you actually started the relationship and when you started living together!
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Re: Adequate maintenance: Calculating after April 2014

Post by khaledadda » Mon Jun 02, 2014 7:08 am

Hi Amber
So I answer on Q 2B 2.5 and 2.6 from 2005 what about the absence shall I put from 2010 till 2012? But that was wen I left the uk to apply for spouse visa

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