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Can someone clear up Adequate Maintenance once and for all

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

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Astronomyphilly
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Posts: 23
Joined: Mon Aug 24, 2020 5:34 pm
England

Can someone clear up Adequate Maintenance once and for all

Post by Astronomyphilly » Wed Dec 13, 2023 10:24 pm

Someone I know has just had thier Spouse Visa refused on not meeting the adequate maintenance calculation as they didn't include thier Universal Credit. I don't yet know the ins and outs of this as she's beside herself obviously but me and my wife will be using the same route to apply shortly.

Total Net income, minus rent and council tax larger than equivalent income support a family would get is the calculation.

The guidance states you must be recieving one eligible benefit, in this case PIP and then lists the other sources of income permitted and those not as

income from salaried or non-salaried employment • non-employment income, for example, property rental or dividends from shares. • income from Working Tax Credit, Child Tax Credit, Child Benefit, income­related benefits, contributory benefits and benefits/pensions payable to Armed Forces veterans and their partner • cash savings held for at least 6 months prior to the date of application • state (UK or foreign) or private pension • income from self-employment and income as a director of a specified limited

I'm noting 'income related benefits' I've, UC.

It also lists the things not allowed. Nowhere is UC specifically mentioned here.

Every Solicitor I've spoken with has said it's perfectly acceptable, it's in the list. And to note that some people on PIP would literally never work so what else would there be for them.

Can I get a clear cut clarification on this from anyone that knows or indeed used this option for a visa.

We're panicking like hell now as we'll be using the same adequate maintenance route with some UC and part time work etc.

Thank you

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