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Spouse Visa pre July 2012 reg -Income amount

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thunderb0lt
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Posts: 77
Joined: Thu Mar 07, 2013 6:32 am
United Kingdom

Spouse Visa pre July 2012 reg -Income amount

Post by thunderb0lt » Wed Apr 24, 2013 6:39 am

Dear All

I write as I can't seem to find any documentation that clarifies for the following.

As I understand for applications made in 2012 prior to the July 2012 change, the sponsor is requirement to demonstrate that they are earning, after rent/council tax/bills an amount that is higher than that of income support for a couple. In other words £111.45. For a child dependant the sponor is required to demonstrate that they have enough to accomodate for the child too, that is £64.99, so that's a total of £176.44 after rent and bills.

What I want to know if the child is a british citizen by birth (the child is in the country with his mother who is applicant of spouse visa) is there still a need to show that you have an amount of £176.44

I would appreciate if someone could confirm this and link me to any documentation in UKBA website that confirms the same.

Edit: If the sponsor is in receipt of Working Tax Credit, would this income be taken into account. Also, if the child was in the UK, the sponsor would be entitled to Child Element of Tax Credit, together with Child Benefit would this potential increase in income be considrered too.

Many thanks

Lucapooka
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Post by Lucapooka » Wed Apr 24, 2013 10:02 am

Under the old system, the necessary level of support was (is) the equivalent of means-tested benefit for a family of that size. The nationality of the children is not relevant and everyone in the family unit is included in the calculation. There has to be sufficient funds to cover each member of the family.

vinny
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Post by vinny » Wed Apr 24, 2013 10:09 am

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thunderb0lt
Junior Member
Posts: 77
Joined: Thu Mar 07, 2013 6:32 am
United Kingdom

Post by thunderb0lt » Wed Apr 24, 2013 8:35 pm

Thanks vinny and Lucapooka.

I had a look at the Ahmed case, does this mean potential for increase in income is taken into account. What I mean is child benefits and workign tax credits.

Is there a way I can calucate what the working tax credit entitlement might have been in 2012?

Thanks

Amber
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Post by Amber » Wed Apr 24, 2013 9:05 pm

thunderb0lt wrote:Thanks vinny and Lucapooka.

I had a look at the Ahmed case, does this mean potential for increase in income is taken into account. What I mean is child benefits and workign tax credits.

Is there a way I can calucate what the working tax credit entitlement might have been in 2012?

Thanks
Child benefits and tax credits can be included in the income calculation. Basically the child benefit and tax credits negate the children from the income support amount so you basically have to have your own income of just the couple rate income support.
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