Please note that there are new benefits rates effective from April 2019 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: maintenance (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, 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 2019/20 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
2019/20, 2020/21, 2021/22, 2022/23 2023/24
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: maintenance (click) at Paragraph 5.
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