ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Re: Calculating Adequate Maintenance 2015/16 - How To

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

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

minmean
Newly Registered
Posts: 4
Joined: Mon May 18, 2009 10:16 am

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by minmean » Thu May 28, 2015 6:49 pm

If I am going to use cash savings to help fulfill adequate maintenance, is the first £16000 counted? I know that under financial requirement the first £16000 is not counted. What about in the case of adequate maintenance?

User avatar
Amber
Moderator
Posts: 17256
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Amber » Thu May 28, 2015 11:00 pm

Yes, cash savings held for at least 6 months prior to the date of application, can be used. The savings should be tariff based, that is, savings divided by 2.5 divided by 52 for a FLR(M) application under Appendix FM (where exempt). No need ignore first £16,000.
**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.

Immi121
Newbie
Posts: 47
Joined: Sun Dec 02, 2012 9:45 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Immi121 » Sun Jun 28, 2015 11:28 am

Amber wrote:Yes, cash savings held for at least 6 months prior to the date of application, can be used. The savings should be tariff based, that is, savings divided by 2.5 divided by 52 for a FLR(M) application under Appendix FM (where exempt). No need ignore first £16,000.
Hi,

I am the sponsor for my wife. I am a British citizen. We will hopefully be making her ILR application at the end of the year.

Please can anyone help with the following questions:

Q.1.

As per Immigration Rules Appendix FM-SE:

11. In respect of cash savings the following must be provided:
(a) personal bank statements showing that at least the level of cash savings relied upon
in the application has been held in an account(s) in the name of the person or of the
person and their partner jointly throughout the period of 6 months prior to the date of
application.


I have some savings in my name only. Does the above mean that I cannot count savings that are in my name only towards the adequate maintenance calculation?

Q. 2.

As per Immigration Rules Appendix FM-SE:

12B. Where the financial requirement an applicant must meet under Part 8 (excluding an
applicant who is a family member of a Relevant Points Based System Migrant) or under
Appendix FM relates to adequate maintenance and where cash savings are relied upon to meet
the requirement in full or in part, the decision-maker will:
(a) Establish the total cash savings which meet the requirements of paragraphs 11 and 11A;
(b) Divide this figure by the number of weeks of limited leave which would be issued if the
application were granted, or by 52 if the application is for indefinite leave to enter or remain;
(c) Add the figure in sub-paragraph 12B(b) to the weekly net income (before the deduction of
housing costs) available to meet the requirement.

Does the above mean that I have to divide cash savings by 52 (for ILR application)?


URL to Immigration Rules Appendix FM-SE:
https://www.gov.uk/government/uploads/s ... _final.pdf
Thanks,
Immy

User avatar
Amber
Moderator
Posts: 17256
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Amber » Sun Jun 28, 2015 11:40 am

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.
**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.

Immi121
Newbie
Posts: 47
Joined: Sun Dec 02, 2012 9:45 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Immi121 » Sun Jun 28, 2015 11:47 am

Amber wrote: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.
Many thanks for the quick response.

With regard to savings that are in my name only. Can I count these towards the weekly tariff income?

Thanks,
Immy

User avatar
Amber
Moderator
Posts: 17256
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Amber » Sun Jun 28, 2015 1:07 pm

Yes, insofar as you have held them for 6 or more months and have the specified evidence. I assume you're receiving a disability related benefit or your spouse is under the 'old rules'.
**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.

Immi121
Newbie
Posts: 47
Joined: Sun Dec 02, 2012 9:45 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Immi121 » Sun Jun 28, 2015 2:04 pm

Amber wrote:Yes, insofar as you have held them for 6 or more months and have the specified evidence. I assume you're receiving a disability related benefit or your spouse is under the 'old rules'.
Many thanks for the response.

My spouse is under the old rules. We applied before 9th July 2012 for a spouse visa. We got the spouse visa after appeal. My wife came to the UK in December 2013.

I'm not receiving any disability benefits. I'm currently working but I'm just concerned in case I lose my job before we make the ILR application.

Thanks,
Immy

Sunnyday77
Newly Registered
Posts: 5
Joined: Sat Jun 20, 2015 8:28 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Sunnyday77 » Thu Jul 02, 2015 12:07 pm

Amber wrote:Please note that there are new benefits rates effective from April 2015 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 2015/16 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 2015/6

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.
Are these Key rates 2015/16 applicable for the application for FLR(M) for extension of the spouse visa under the old rules (2 year route)?

User avatar
Amber
Moderator
Posts: 17256
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Amber » Thu Jul 02, 2015 12:59 pm

Yes, they are.
**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.

Sunnyday77
Newly Registered
Posts: 5
Joined: Sat Jun 20, 2015 8:28 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Sunnyday77 » Fri Jul 03, 2015 12:52 pm

Thanks!!

alana1982
Newly Registered
Posts: 7
Joined: Sun Jul 12, 2015 6:18 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by alana1982 » Sun Jul 12, 2015 6:53 pm

Hi Sorry i am new to all this and finding it very very confusing :? I am just after some advice as to where i would stand with regards to My Husbands Visa and being he sponsor. I have tried searching but am unable to find any straight answers.

I am a single mum of 2 boys and a fulltime carer for my dad, I currently receive:
weekly
£62.10 carers allowance
£117.41 child tax credit
£41.90 income support
£34.40 child benefit
£23.00 child maintenance

My rent is all pd for by housing benefit and i have to pay £3.90 a week council tax.

Where would i stand for supporting the visa application?

Thanks in advance for any replies

User avatar
Amber
Moderator
Posts: 17256
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Amber » Sun Jul 12, 2015 8:48 pm

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.

Your income is £278.81 per week. Your housing costs are £3.90 per week.

Thus leaving you £274.91 per week remaining. This exceeds the £266.10 per week, so you should meet adequate maintenance.
**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.

alana1982
Newly Registered
Posts: 7
Joined: Sun Jul 12, 2015 6:18 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by alana1982 » Sun Jul 12, 2015 8:57 pm

Thank you Amber

So there would be no reason for the Visa to get refused? Sorry just trying to get my head around everything :(

User avatar
Amber
Moderator
Posts: 17256
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Amber » Sun Jul 12, 2015 8:59 pm

There should not be a reason concerning adequate maintenance, providing the specified evidence is provided. However, as for the rest of the application, a detailed review of the application would be required.
**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.

alana1982
Newly Registered
Posts: 7
Joined: Sun Jul 12, 2015 6:18 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by alana1982 » Mon Jul 13, 2015 5:19 pm

Thanks Amber

everything is very confusing with all the changes, we won't be applying for the visa until next year, just wanted to know the ins and outs as i see that alot of visas get refused if on benefits. The application is pretty straight forward (well for us it seems so) I have lived in the Uk my whole life, my husband is Jamaican and lives in Jamaica, no criminal record or anything, so from our point of view no reason to refuse, but hey the decision is not ours :? do you know what the approval rate of cases like our is?

jojochaachaa
Junior Member
Posts: 66
Joined: Mon Jul 01, 2013 7:10 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by jojochaachaa » Mon Sep 07, 2015 10:42 pm

Amber wrote:Yes, they are.
thank you Amber this is what I was looking for , my husband is working but I am on pip at the standard rate They did allow us tax credits but I have realised that he is not allowed public funds so I am cancelling it as i do not want to jeopardise the flr and they will say he has breached his visa conditions does this sound right to you ?

many thanks

Jo :idea:

jojochaachaa
Junior Member
Posts: 66
Joined: Mon Jul 01, 2013 7:10 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by jojochaachaa » Thu Sep 10, 2015 8:33 pm

Amber wrote:Please note that there are new benefits rates effective from April 2015 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 2015/16 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 2015/6

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.

Amber could you kindly post these rules after july 2012 the new rules when you are exempt please

kamandagcom
Newly Registered
Posts: 7
Joined: Wed Feb 22, 2012 7:59 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by kamandagcom » Sat Oct 03, 2015 10:00 am

What about if I am ILR and my wife is British. I would like to bring my child (applicant, non-EEA passport living overseas) from previous relationship.

My question is: Can I put our combined income (wife and myself) to satisfy the Adequate Maintenance requirement for my son's ILE?

Or shall I put wife as third party support??

We share cost of rent, council tax etc. As she is my son's step-mom and not the sponsor I am not quite sure if I shall add her as source of income together with my income.

Thanks.

san2014
Junior Member
Posts: 60
Joined: Tue Nov 04, 2014 6:41 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by san2014 » Tue Oct 06, 2015 8:57 am

Hello everyone.
Hopefully someone knows about this.
I am going to pay for the immigration health surcharge and this is one of the questions.
Are you applying to join or remain with a person already in the UK?
Add the person?
My partner has the ILR, so should I add it or not please?

Thanks

alana1982
Newly Registered
Posts: 7
Joined: Sun Jul 12, 2015 6:18 pm

Re: Calculating Adequate Maintenance 2015/16 - How To

Post by alana1982 » Sun Oct 18, 2015 4:02 pm

Amber wrote:There should not be a reason concerning adequate maintenance, providing the specified evidence is provided. However, as for the rest of the application, a detailed review of the application would be required.
Hi Amber, just checking that my benefits will not be affected by my partner living with me on the fiance visa, i know that i can't claim more, but just checking they will not drop

Locked
cron