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icetort2012
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Spouse Visa

Post by icetort2012 » Thu Dec 06, 2012 12:10 pm

Please can someone tell me how much is the maintainance for application made before july 9, i made my application before the new rules, My wife is a British Citizen and she is a full Time University student and not working, But am working and make 850 pounds monthly. our monthly rent is 545 per month and we dont pay council Tax.



please i just want to know if the money i earn is good for the maintance.

Many Thanks


Submitted: 04/07/2012
Acknowledged: 14/07/2012
Payment: 10/07/2012
Biometrics invitation: 05/09/2012
Biometrics enrolled: 06/09/2012 (Acton P.O.)
Documents returned: Still waiting
BRP arrived: Still waiting
PSW

Lucapooka
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Re: Spouse Visa

Post by Lucapooka » Thu Dec 06, 2012 12:14 pm

icetort2012 wrote:But am working and make 850 pounds monthly. our monthly rent is 545 per month and we dont pay council Tax.
After accommodation has been accounted for, a calendar monthly disposable income of 305 pounds is significantly less than the equivalent of means-tested benefit for a couple (currently at 482 pounds). According to the stated guidance, this does not meet the requirements for a settlement application.

icetort2012
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SPOUSE

Post by icetort2012 » Thu Dec 06, 2012 12:21 pm

She get Child Tax credit of 450 because she has two children in her previous marriage but my lawyers say that tax credit she get is acounting able as well.

Many Thanks

Lucapooka
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Post by Lucapooka » Thu Dec 06, 2012 12:28 pm

Why don't you reveal all of the information at once rather than dripping it out? That way you will get appropriate advice and comment rather than information that is not accurate because you have with-held relevant facts.

If there are two children the amount you need increases to 1046 Pounds. However, 305 + 450 is still short of that mark.

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 12:33 pm

Ok i will put all in details.

Many Thanks

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 12:40 pm

Please can someone tell me how much is the maintenance for application made before July 9, I made my application before the new rules, my wife is a British Citizen and she is a Full Time University student (She get Student Loan and Grant) and not working, But am working and make 850 pounds monthly. Our monthly rent is 545 per month and we don’t pay council Tax.
She gets Child Tax credit of 450 because she has two children in her previous marriage which they are British Citizen already and they are not included in my Application. But the solicitors who help to make the application said the tax credit she get is accountable as well

Please I just want to know if the money I earn is good for the maintenance.

Many Thanks

Lucapooka
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Post by Lucapooka » Thu Dec 06, 2012 12:42 pm

Lucapooka wrote:If there are two children the amount you need increases to 1046 Pounds. However, 305 + 450 is still short of that mark

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 12:46 pm

But is child Tax Credit Accountable?

Many Thanks

Lucapooka
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Post by Lucapooka » Thu Dec 06, 2012 12:51 pm

You can include it into your calculations, but that sum is still short of the maintenance requirement for a settlement application. You have a lawyer and he should be giving you this information.

You might be lucky and be granted DL in lieu of a refusal. Otherwise, keep your lawyer close by.

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Post by Greenie » Thu Dec 06, 2012 12:59 pm

Discretionary leave will not be granted - if the pre 9 July rules are not met the case will be considered under the 10 year private life route instead.

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Post by Lucapooka » Thu Dec 06, 2012 1:11 pm

thankyou! .... and is those rules are maintenance-dependant (unlike DL, which was not) this could be a problem!

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 1:23 pm

I just spoke with my solicitor about this but he said the Application is a straight forward that i will not have a problem with it.
But now am just confused because i did the calculation myself as well without taking the children into consideration because they have abritish passport already and they dont even include them in my apllication because there Dad always give there Mum Money very month for his children.

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Post by Greenie » Thu Dec 06, 2012 1:24 pm

no for the 10 year route the maintenance requirements can be disregarded if one of the 'exceptions' applies in para EX.1 of appendix FM.

Lucapooka
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Post by Lucapooka » Thu Dec 06, 2012 1:24 pm

There you go again with new information that was not previously revealed; this time about the father. Stick with your lawyer as he, I hope, has the full facts. Good luck!
Last edited by Lucapooka on Thu Dec 06, 2012 1:31 pm, edited 2 times in total.

Greenie
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Post by Greenie » Thu Dec 06, 2012 1:27 pm

Under the old rules British children need to be included in the calculation for adequate maintenance, hence why you could include tax credits and child benefits in the calculation for. Money your wife receives in maintenance can also be included.

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 2:02 pm

I JUST GOT THIS REPLY

Icetort, looking at your timeline I suspect you're just about to hear from the UKBA. However, lets see if we can help with your question in the meantime.

Firstly, under the new rules there is a line drawn in the sand that everyone needs to cross. If your income/savings exceeds the appropriate threshold you pass, if it doesn't then your application fails. There will be no argument or room for discussion.

The old rules applied to applications submitted before 9th July 2012 - or those already on the 'path to settlement' - are more flexible. The other big difference is that its not just income but rather the amount of your income remaining after you've paid your housing costs AND whether this is greater than the benefit level for someone not in work.

Confused? Yeah most people are but its really simple to calculate.

Basically, you need to add your incomes together, plus tax credits (but not child benefits I believe). Then minus off your rent/mortgage and council tax payments. Make a note of what's left, this is your maintenance figure.

Now, currently the social security level for a couple is £111.45 per week (you'll see people quoting £105 but it has been increased recently) or £5795.40 per year. You will also need to add on child tax credits. The combined total (probably around £200 per week for a couple with 2 kids) is the minimum level UKBA deems acceptable to live on... also commonly known as the minimum maintenance requirement.

The question is, is your maintenance figure greater than the minimum maintenance requirement?

If you're comfortably over and have provided the necessary documents to support your case then you shouldn't worry. If its closer or just below, then also don't worry. The case workers have some leeway (but not much) and will usually ask for more information if you're just short and everything else passes.

Looking at the numbers you supplied, I would say you easily meet the maintenance requirement. But, I'm not the one approving your application nor so I know all your circumstances. Hopefully though, you can work it out from the information above.

For anyone else, just bear in mind that the old rules maintenance requirement is not a fixed figure and differs slightly for each applicant. It is also affected heavily by your personal housing costs

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Post by Greenie » Thu Dec 06, 2012 2:06 pm

The correct formula is here

http://www.immigrationboards.com/viewtopic.php?t=104025

Please stick to one thread rather than posting in multiple threads.

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 2:27 pm

Do they take Student Grant into consideration for my Wife.

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Post by Greenie » Thu Dec 06, 2012 2:30 pm

Yes all income is considered. You have a solicitor, is there any reason why you don't trust his advice?

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 2:52 pm

Yes i do have a solicitor i just want to be sure if everything is ok with my application. Guess you understand as a human being. So student grant is accountable? What about the loan. Thanks

icetort2012
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Post by icetort2012 » Thu Dec 06, 2012 2:56 pm

Yes i do have a solicitor i just want to be sure if everything is ok with my application. Guess you understand as a human being. So student grant is accountable? What about the loan. Thanks

sreepujari
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Post by sreepujari » Fri Dec 07, 2012 8:45 pm

hi

I am planning to apply for FLR(M) for my wife.
Can you please send me the list of documents for the same ?

Regards,
sree

icetort2012
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spouse

Post by icetort2012 » Wed Dec 12, 2012 6:03 pm

Email from my solicitor

I spoke to the Home Office today and they said application such as yours are taking over 6 months to conclude.

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