Fiancé visa - carers allowance adequate maintenance query

Hi

I am trying to get all my ducks in a row before applying to find information regarding the best way way to apply for a visa to bring my fiancé to the UK to settle.

I have been in a relationship with my partner for around 2 years. I have lots of photos of us together and chat logs and visa stamps when I went to see them. I am planning on applying for a fiancé visa and then marrying in the UK and then applying for the spouse visa.

I currently receive carers allowance (£66.15 pw) and universal credit (£44.16 pw) total received is £110.29 per week for looking after my mother and do not have a part time job so therefore would not be able to make the adequate maintenance threshold. However my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. There are no house payments or council tax. I can currently show 3 months of payments as this is how long I have been in my current situation.

Would this be taken into account in a normal application and accepted or would I be better off getting a part time job and waiting for 6 months to show the wages going into my bank account? Would I also need to show at least 6 months of payments from my mother when making an initial application?

Thanks in advance

Does anyone have any pointers for me on what the best way to proceed may be?

Thanks in advance

I am not sure where else to turn for this query as I can't afford to speak to an immigration solicitor and can't afford to waste thousands of pounds applying for a fiancé visa when there is a chance that I wouldn't be able to get it.

I have searched this forum but cannot find anything that deals with this specific query previously.

Anyone have any advice please?

anyone?

Marshall47 wrote: ↑

Fri Aug 02, 2019 12:04 pm

I currently receive carers allowance (£66.15 pw) and universal credit (£44.16 pw) total received is £110.29 per week for looking after my mother and do not have a part time job so therefore would not be able to make the adequate maintenance threshold. However my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. There are no house payments or council tax. I can currently show 3 months of payments as this is how long I have been in my current situation.

You cannot meet the financial requirement through adequate maintenance because you are not claiming benefits/allowances for yourself or for your child. You either have to find a job giving at least £18600 per year or need a 6 months old savings of £62500.

If Marshall47 is receiving Carer’s allowance, then his fiancé should benefit from E-ECP.3.3.?

https://assets.publishing.service.gov.u ... -ext_1.pdf
3.6. Meeting the financial requirement through “adequate
maintenance”
3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances in
the UK, the applicant will be able to meet the financial requirement at that application
stage by providing evidence of “adequate maintenance” rather than meeting an income
threshold:
• Carer’s Allowance.
• Disability Living Allowance.
• Severe Disablement Allowance.
• Industrial Injuries Disablement Benefit.
• Attendance Allowance.
• Personal Independence Payment.
• Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.
• Police Injury Pension.
3.6.2. If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf
of their child, the applicant will be able to qualify by meeting the financial requirement
through “adequate maintenance”. [/quote]

Marshall47 wrote: ↑

Fri Aug 02, 2019 12:04 pm

I currently receive carers allowance (£66.15 pw) and universal credit (£44.16 pw) total received is £110.29 per week for looking after my mother.

https://www.gov.uk/carers-allowance/eligibility
Carer's Allowance
Your eligibility
All of the following must apply:
**your income is less than £123 a week after tax, national insurance and expenses**

Marshall47 wrote: ↑

Fri Aug 02, 2019 12:04 pm

However my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. I can currently show 3 months of payments as this is how long I have been in my current situation.

Thanks, seagul.

There’s nothing in E-ECP.3.3. that I can see to limit receiving the Carer’s allowance on behalf of a child. Can you see such limitation in the rules? Hence, I’m not sure why (or if) the Guidance is able to do so?

Would receiving his mother’s savings be classified as income or gift? Would it make him ineligible for carer’s allowance? I don’t know.

Thank you both very much for replying.

The way I read the law was that section 3.6.1 was the pertinent section that provides me with the access for my partner to qualify to apply via the adequate maintenance route, section 3.6.2 is a separate section and not applicable to me. That section would be to cover a situation where I had a child who received, say severe disabled allowance and I was working full time but not earning enough money to qualify for the financial requirement. So I am quite confident that we are eligible for the adequate maintenance route as I receive carers allowance.

My main query would be whether the money I receive as a gift from my mother is acceptable to push me over the £123? A week required. I was also unsure whether going this route would mean that we would be on the 10 year path to settlement rather than the 5 year path. But I believe I read somewhere recently that I can still do the 5 year path through adequate maintenance.

Marshall47 wrote: ↑

Fri Aug 02, 2019 12:04 pm

However my mother "pays" me an additional £500 a month into my bank account from her savings and benefits. There are no house payments or council tax. I can currently show 3 months of payments as this is how long I have been in my current situation.

In my view the receipt of a sum on a regular pattern doesnot seems a gift. Also I think that your mother is receiving other benefits too out of which you are deriving that gift which benefit authorities may not like and also its well above than £123 of threshold.

Marshall47 wrote: ↑

Sat Oct 05, 2019 1:17 pm

I was also unsure whether going this route would mean that we would be on the 10 year path to settlement rather than the 5 year path.

That doesn't applies for application made from outside the UK. For initial application under partner route you have to meet the criteria through financial requirement/adequate maintenance.

Marshall47 wrote: ↑

Sat Oct 05, 2019 1:17 pm

The way I read the law was that section 3.6.1 was the pertinent section that provides me with the access for my partner to qualify to apply via the adequate maintenance route, section 3.6.2 is a separate section and not applicable to me. That section would be to cover a situation where I had a child who received, say severe disabled allowance and I was working full time but not earning enough money to qualify for the financial requirement. So I am quite confident that we are eligible for the adequate maintenance route as I receive carers allowance.

I would tend to agree with this interpretation and that you would be eligible for the adequate maintenance route.

Marshall47 wrote: ↑

Sat Oct 05, 2019 1:17 pm

My main query would be whether the money I receive as a gift from my mother is acceptable to push me over the £123? A week required.

I think this would be viewed as third party support, which can not be relied upon as income. You can, however, use cash gifts towards savings, which would have to have been held for at least 6 months prior to the date of application.

geoeng wrote: ↑

Sun Oct 06, 2019 1:22 pm

You can, however, use cash gifts towards savings, which would have to have been held for at least 6 months prior to the date of application.

The whole amount of required cash savings must have been held during the last 6 months which in op"s case is £500 which he is receiving per month. Also the source of cash savings need to be declared which in op's case his mother savings consisting of benefits which might not be acceptable.