Adequate maintenance:- benefits rates from April 2012

[bantamba66]

Dear members

Can someone please advise on the following calculations of the adequate maintenance please, As I am preparing FLR M application of my wife, while my SET LR application is being processed

A. total net income (Mine)
B. housing cost (mortgage + council tax)
C. total net income - housing cost
D. total income if family were on income support (income support for couple 112.55 + income support for each child 65.62 + family premiums 17.40)
E. comparison of net income after housing cost With total income if family were on income support

If C is greater than D then that means I have adequate maintenance and application is good to go. please advise


I also need advise on the followings please
Most people says show 3 months earnings (3 months payslips) but If I show 3 months then I don't fulfil according to the above, but If I show 4 months payslips then I am fine, Shall I show 3 months or 4 months,

Also My wife is self employed, Do I HAVE to show her earnings in the adequate maintenance or its optional, I simply don't wanna go for hassle because you know I have pay some to accountant for paperwork, also there are lots of paper work involved. Please advise, Shall I say in the form she is working but I am solely responsible for the adequate maintenance or some better statements please.

Many thanks for reading and replying.

It can be based on last month's wages, supplying 4 should be fine.

Hello Amber,I'm new here can you please please? I want my husband and 2kids twins age 15 to apply for settlement visa I'm receiving pip £54.45a week working tax credit disability element and child tax credit £203.02,housing benefit £131.00 a week, child benefit 20.50 a week, I also work ans earn £560.00 to £660.00 a month. please help I can't work it out if I'm entitled for the maintenance? Thank you

[dr_sea]

Hi Amber,

Does this apply to the FLR(M) financial requirements (specifically section A)?

Thanks

[LewisJG]

Hi Amber, I am in desperate need of some advice. I have read, and re-read every bit of information I can find for a long time now and can't work out if my benefits will be counted.

I am 23yrs old, born and still living in the UK. My girlfriend whom I wish to marry lives in the US.
I am in receipt of DLA and ESA as my main source of income, with extra amounts sometimes being paid to me.

So I need to meet adequate maintenance requirements, but do i meet it, and does it count my ESA?

ESA: I receive 233.40 every 14 days: 233.40 x 2 = 466.80
DLA: I receive 411.40 every 28 days: 411.40 x 1 = 411.40
Total = 878.20 (Divided by 4 is 219.55 per week)

That makes 219.55 every week on my own baseline income.

My mother has written a letter to the effect that she outright owns her own house (that I live in) with no mortgage and will not charge me or my US partner rent so our rent is 0 as far as they are concerned then?

1) Is that sufficient and does it count for adequate maintenance calculations?

2) Does money other people may have given me count as income if its within the previous 6 months?

3) She also receives by writing articles online approximately 25-30.00 per week (varies slightly). Can this be counted?

Thankyou for any assistance you can provide, I would be extremely grateful. Lewis.

[A Helping Hand]

I am asking this question for a friend of mine... She works FT on £25000 per annum. but majority of it goes in bills, car loan and mortgage etc... she has only £1000 savings in the bank.

She wants to call her fiancé to the UK so that they can register their marriage in the UK in July 2015 as they having their main wedding in his country later this year.

Boy has his parents and family in the UK.

My question is where she stands in term of showing finances...

**** Is £113.70 /week of savings for couples plus £1000 and annual £25000 salary sufficient to satisfy HO for his short visit?

**** how much she really needs to show in her savings / earnings to support his Fiancé Visa? bear in mind they will be getting married later this year abroad and will be applying for Spouse Visa for his settlement in the UK as Dependent - Spouse too.

**** How much she would need to show for Spouse Visa then?

**** Can her parents or his family give support letter/ financial documents for his fiancé visa?

**** Or should she wait till they get married , save more money and apply for Spouse Visa post main wedding?

She will be heart broke if she doesn't get this civil marriage in the UK. but same time doesn't want her fiancé to risk a refusal.

Please give your honest advise... we will really appreciate your time and valuable advice.

Thanks

A Helping Hand.

[sfhzaidi]

Hi All,

Hoping all is good. I am applying my wife visa in end of May 2015. I am sole director of a limited company and showing earnings from Jan 2014 to Dec 2014 which is more than 18600. Following rule 9 a page 10 in Appendix FM-SE of the requirements. Is it right?

My second question am going to sign tenancy agreement from 1 Jun 2015 for two room flat and this agreement I will include with my documents. Is it ok to sign future agreement? as I want to save some money.

Please can you answer my queries. Your co-operation in this regard will highly be appreciated. I have read many times but unable to understand. Thanks

Regards

Faisal

[A Helping Hand]

Faisal,

18,600 is enough to show for your wife's visa... you need to make sure you send proof of your latest earnings ie Jan 2015 onwards till your wife put the visa file....

As long as you have current accommodation and a signed agreement from your future land lord that should work.. depending when you intending to get your wife in the uk.

[sfhzaidi]

Hi ALL

Thank you so much for your prompt response, Helping Hand. I really appreciate your help.

Actually I also discussed my landlord (he is my friend) he told me you already have a room so you simply get property inspection report from Chartered surveyors / estate agents and you can apply your spouse visa at this residence where I am living at the moment. It is a shared property I am living with my friend's family.

Actually, Landlord is also my friend so he is also willing to give me letter and will mention on the letter that he is my friend.

My question will this option work? if yes, Where I have to get report from chartered surveyors/Estate agents or local councils?

He will provide me the tenancy agreement and will write £300 rent which he is charging me at the moment, a letter and I will get inspection report from Estate agent? will it be ok to fulfil accomodation requirements? or not

Please need your help. Your immediate co-operation in this regard will highly be appreciated. Thanks

Faisal

[A Helping Hand]

Faisal,

you don't need a Chartered surveyors / estate agents for this. All you need is...

a tenancy agreement

a letter from your land lord saying you will be his potential tenant and he is aware that your wife will be joining you soon and confirm that the room / house is sufficient for a couple to live in.

He then needs to give Council Tax or something to prove he owns the property and his full contact details on the supporting letter, just in case if HO wants to contact him.

[sfhzaidi]

Hi Helping Hand

I really appreciate your help and support. Truly no words to convey my thanks to you.

Sorry to keep posting and disturbing you my last question as you said I have to show my latest earnings from Jan 2015.

As I am Director of Ltd Company and my Company financial year is Jan 2014 to Dec 2014 as I have already received the documents from my accountant.

I called my accountant for my latest earnings and he is asking me what documents you need to show to proof your earnings???

Should I ask him to provide me payslips including accountant letter and accounts for four months from Jan 2015 - APril 2015????

Thanks once again for your great help. I truly appreciate it. Thanks

Regards

Syed Faisal

[A Helping Hand]

Hey Faisal...

Please read the info regarding your financial requirements / concerns.. Page 57 tells you all about Self Employed / Director of UK Company. if you want you can discuss these with your Accountant.

https://www.gov.uk/government/uploads/s ... rement.pdf

[sfhzaidi]

Thank you so much, Helping Hand. You are great. I really appreciate your help. Thanks once again. I am thinking to see good solicitor and my accountant no clue about it. Thanks once again. Thanks

[SashaG]

Hi.
I`m going to apply for ILR in September.
I`m here under Tier 2 Migrant for 5 years working for A-rated company.
My income is 450 p/w after tax. I`ve got 2 kids and a wife who unemployed.
My council tax is 115 pm and a rent 1175 pm. Will my sole income be enough to qualify?
I talked to low firm who did my visa and extension and they said that they normally tick the box that they sponsor and no problem.

Can you advise on it?

Thank you.

[IM91]

Hi.

I am confused whether if I should be showing adequate maintenance.

I have read the IDI Part 8: Annex F and it does not state that adequate maintenance is need to be met for 'leave to enter' as a spouse. However in the Appendix FM 1.7a it does state this, so which one is correct and applies?

I receive carers allowance and work part time, live with parents. - I have no problem meeting the adequate maintenance but if I only need to show one payment of carers with letter from DWP then it would save me six months.

https://www.gov.uk/government/uploads/s ... nnex_F.pdf

https://www.gov.uk/government/uploads/s ... x_1_7A.pdf

[baba_baba]

Hi Amber,

I am planning to apply for my wife's SET M soon, my wife was granted her leave as PBS dependant in 2011 November and she entered the UK in 2012 January 21st, even since she has been my dependant, she was again granted FLR M in 2013 December when I was granted ILR on long stay 10 years route.

Below is my income details
My average pay after tax is £1430.53 per month and my wife I maternity leave and gets average of £540.02 for last three months, we have two kids and get £137.60 per month.

We did not apply for Child Tax credit, we pay £650 as rent and £112 as council tax and have a saving of £10000

Do I qualify for maintenance threshold?

I appreciate your advise

Thank you

[saturn 123789]

hi
i would like to ask if in the formulation of adequate maintenance that i will be sending to tribunal in my bundle it is enough to give the detailed amount received and to do the calculation or its important to start by this paragraph and the documents related?

((Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation (click) (include a copy) at page 4, paragraph 5.2, 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);

B is what needs to be spent on accommodation (rent/mortgage and council tax); and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per Immigration directorate instructions Annex F Chapter 8 Family Members - Maintenance And Accommodation, paragraph 5.2(a). No benefit income is said to be excluded in the Immigration directorate instructions.))

[Amber]

You should lay it out as I did, that was done for a reason.

The updated version is, http://www.immigrationboards.com/immigr ... 05533.html

[saturn 123789]

You should lay it out as I did, that was done for a reason.

The updated version is, http://www.immigrationboards.com/immigr ... 05533.html

Thank you very much for your reply, its was my lawyer who done the calculation and send it to me without the paragraph now i have to 'convince' him to add it as its was difficult to make him do it in the first place.
also i wanted to ask if i have to send my new tb test with the bundle because the first one that i've sent with my visa application run out or should i wait till my appeal is allowed and send it with my passport?

[jack72]

hi Amber am after some advice i see a lot of people are using child tax credits and tax credits in there calculations i was led to believe these payments cannot be used i receive disabled tax credits is this correct thank you

[adanmasood143]

HI ALL.
Actually I am in desperate need of help. Actually I am about to apply for my extension for the Spouse Visa but lost my previous visa grant letter but my BRP says spouse and partner leave to remain

my new solicitor says we need to confirm that in my previous grant which route they put me into either the 5 years or 10 years.. But as i am aware my Wife was exempt in April 2014 on Carers allowance and rest so we did not have to meet the Threshold but they said somehow the formula of the adequate maintenance you need to meet.

I am posting all figures what we were getting by that time can someone help and calculate that all for me please as i tried but dont know what to add or what not.. PLEASE PLEASE


Carer Allowance: £61.35 (£245.40 P/M) (PAID Per Week)
Income Support: £ 13.17 (£52.62 P/M) (PAID PER WEEK)
Child Benefit: £190.40 (£47.10 P/W) (Per for 3 Kids Once a Month)
Tax Credits: £670.91 (£167.67 P/W) (Paid once per Month)
Housing Benefit: £369.24 (£92.31 P/W) (Paid Every 2 weeks )

TOTAL MRS EARNING P/M: £ 1528.57

My Average Income P/M: £394.22 (98.58 P/W)
Joint EARNING PER THAT TIME: £ 1922.79 (PER WEEK would BE £480.69)

RENT+ COUNCIL TAX = £4800 P/Y (£400 P/M)++++++++COUNCIL TAX £200 P/Y =========================(£96.15 P/W)
AS PER FORMULA

£480.69----------£96.15============ £384.54 IF JOINT EARNING CONSIDERED / £255.90 IF JUST SPONSOR

[adanmasood143]

You should lay it out as I did, that was done for a reason.

The updated version is, http://www.immigrationboards.com/immigr ... 05533.html

HI Amber.
Actually I am in desperate need of help. I saw some of your posts and i admit u got alot info about all this.

Actually I am about to apply for my extension for the Spouse Visa but lost my previous visa grant letter but my BRP says spouse and partner leave to remain

my new solicitor says we need to confirm that in my previous grant which route they put me into either the 5 years or 10 years.. But as i am aware my Wife was exempt in April 2014 on Carers allowance and rest so we did not have to meet the Threshold but they said somehow the formula of the adequate maintenance you need to meet.

I am posting all figures what we were getting by that time can someone help and calculate that all for me please as i tried but dont know what to add or what not as dont know what is third party funding etc.. PLEASE PLEASE


Carer Allowance: £61.35 (£245.40 P/M) (PAID Per Week)
Income Support: £ 13.17 (£52.62 P/M) (PAID PER WEEK)
Child Benefit: £190.40 (£47.10 P/W) (Per for 3 Kids Once a Month)
Tax Credits: £670.91 (£167.67 P/W) (Paid once per Month)
Housing Benefit: £369.24 (£92.31 P/W) (Paid Every 2 weeks )

TOTAL MRS EARNING P/M: £ 1528.57

My Average Income P/M: £394.22 (98.58 P/W)
Joint EARNING PER THAT TIME: £ 1922.79 (PER WEEK would BE £480.69)

RENT+ COUNCIL TAX = £4800 P/Y (£400 P/M)++++++++COUNCIL TAX £200 P/Y =========================(£96.15 P/W)
AS PER FORMULA

£480.69----------£96.15============ £384.54 IF JOINT EARNING CONSIDERED / £255.90 IF JUST SPONSOR


AVERAGE FAMILY MAINTENANCE BY THAT TIME ROUGHLY WAS ??? I am not quite sure.

[Casa]

Regrettably, Amber left the forum in June due to bullying by certain members. Our loss.

[adanmasood143]

Regrettably, Amber left the forum in June due to bullying by certain members. Our loss.

Ohhh Thats a shame...!! Bullying can never be justified...!! anyone have her some kind of contact detail


Is it anyone else here who can help..!! I need it desperately..!! My whole process and application is based on the Calculations.. PLease if if anyone can help..

CASA?

[Casa]

I'm not the best person to answer this, which is why I haven't responded already.

[adanmasood143]

Hi CASA,
Ohhh Ok... But can you advise any office or a personal who knows the best about it..? And do the calculation for myself...?? COUNCIL or any Advice Beaureo?

[Casa]

Member petaltop is generally clued up with this.