Do you have to be working to apply for flr m spouse visa uk

[Fuzzbuzz]

Hi sorry i did post this topic in another place but as i am new to this i didnt know how to post and i posted it in the wrong forum so plz dont mind me posting it again i posted in wrong group first..

Hello people...

My husband came from pakistan on uk spouse visa under the old rules before july 2012.. he came in April 2012 to the uk and i applied un june 2011 for his visa was allowed in appeal in january 2012..

I could have Applied indefinate in 2014 june but my husband was unable to pass life in uk in time therefore we did extention...

Now again his visa is ending in sept 2016 and he has failed life in uk 7 times always by 2 or 3 questions.. it is defo looking like we will need to apply for extention once again

My question is that my husband has not been working for 6 months as he is training to work with mobiles in a shop for free they have said once he learns they will give him the job in their new shop that they will be opening in september.....i myslef am working full time as a teaching assistant but currently on maternity leave and getting no pay.. (surviving on savings and child tax credits which is only 370 a month)
But i will be returning part time back to work in september which i will prob get around £800 a month

My hubby has no pay slips and neither do i as i am not getting no pay so no pay slips..

What do i do i dont understand my hubbies mobile shop owner has said he will write a letter confirming he will be employing my husband in his shop from september on minimum wage full time hours..
Will that be ok?

I have around £6,000 savings and we are managing alright is this enough for the immigration officer that we are able to support ourselves and our 2 kids..

Also can we have child tax credit and working tax credit? I will be applying working tax credits this time now soon i am british citizen so is that ok and do i need to declare this on the flr m..

Thankyou

[Fuzzbuzz]

Hi is anyone able to answer my question? I have been waiting for a while and trying to find answer in other topics but there isnt any plz moderaters i urgently require this information as i need to submit papers in august thank you

[vinny]

See also Calculating Adequate Maintenance 2016/17 - How To.

[Fuzzbuzz]

Hi thanks for the link but i am abit confused does this mean that tax credits wont be counted to add our income? Also can you tell me plz do i need to tick that we recieve working tax which i have just qualified for now along with child tax on my husbands visa app?

Would they consider my husbands letter from employer that they will give him full time job from september wage they have said they will pay £8 an hour and as i start work in september part time will they consider that i am permerbant work in a public school..

My hubby has just come back with a suprise for me he has passed his life in uk so now finally i can apply for settlement for him

I am just so confused i have about 7 grand in savings i dont pay for food and stuff as we eat at our parents and if i ever do need money that support me and my brother would a letter from them help telling the ho that they will support me whenever i need it.. my brother earns 1400 a month and he has no expenses as he lives with my parents and he has borrowed me money in the past infact i just owed him 1 grand which i gave back to him and he never asks me for his money back he always says whenever u can give me i owed this grand to him from 2011 and gave him in 2016

So sorry for this long message i just am so confused now

Thankyou

[Casa]

Hi thanks for the link but i am abit confused does this mean that tax credits wont be counted to add our income? Also can you tell me plz do i need to tick that we recieve working tax which i have just qualified for now along with child tax on my husbands visa app?

Would they consider my husbands letter from employer that they will give him full time job from september wage they have said they will pay £8 an hour and as i start work in september part time will they consider that i am permerbant work in a public school..

My hubby has just come back with a suprise for me he has passed his life in uk so now finally i can apply for settlement for him

I am just so confused i have about 7 grand in savings i dont pay for food and stuff as we eat at our parents and if i ever do need money that support me and my brother would a letter from them help telling the ho that they will support me whenever i need it.. my brother earns 1400 a month and he has no expenses as he lives with my parents and he has borrowed me money in the past infact i just owed him 1 grand which i gave back to him and he never asks me for his money back he always says whenever u can give me i owed this grand to him from 2011 and gave him in 2016

So sorry for this long message i just am so confused now

Thankyou

Tax credits won't count towards income. Yes you need the tick that tax credits are received, but as long as you are claiming these in joint names there won't be an issue with this. Child benefit should be claimed in your name only.
As you are under the pre-July 9th 2012 Rules, you need to show that after paying rent or mortgage and council tax that you have the minimum level of income left of £114.85. Wait for confirmation on whether this should be higher with a child in the family.

The Case Worker will only consider current income, not earnings from your husband's September job offer. I'll let others better placed to advise on how or if your maternity leave will qualify.

If applying for FLR(m), your husband will have to pay the NHS surcharge of £500. This isn't required for SET(M). If your husband decided to apply for ILR, bear in mind that in addition to the Life in the UK test, he will need B1 English from an approved test/test provider.

[Fuzzbuzz]

Oh dear we have no income then coming in at all since April i will be returning to work 21st july therefore i will get a full time wage for the month of august about 1200 as i will be going part time in september ... ................. will they count the money i will have in my account tho? Oh gosh i think i am in a mess now need hubby to get them to employ him from now then will have to tell him to talk it out with them or look for another job which i doubt he will get in this 2 months we have as i have been applying for jobs since he left his old job in october last year and no one has even called him for interview even!
And just to clarify is that 114 a week o should have left? Many thanks for your replies

[Casa]

Sorry, yes £114.85 remaining per week. The additional amount for a child was £66.33 but I believe that this will have increased on April 2016. Wait for confirmation.

Edit: It's looking better. On checking through the link it appears that working tax credits, child tax credits and child benefit can be included for adequate maintenance.
Also you can include your savings, but check the calculation in the example given in the link.
Don't you receive an statutory Maternity benefit?

[Fuzzbuzz]

Thank you i feel abit better now.. but my 7000 savings will not count as i just read i need to hold it in my account for 6 months upto the application date and i would have only held it for 5 months as i got it in April 2016 and i apply in september...

No i did not qualify for statutory mat pay as my earnings were not enough as i was on maternity leave and got pregnant again during mat leave..was getting 500 from job centre a month which stopped in April

[Casa]

If you find that you are definitely not able to meet the adequate maintenance level when the time comes for your husband to apply, please don't just leave it and let his current visa expire. Submit an FLR(FP) application before the expiry date, which you can vary to FLR(M) or ILR once you qualify.

[Fuzzbuzz]

Thank you for your reply... i just checked my account and atleast 6 thousand pounds i have had in my account since march so from march to end of august would be 6 months right i will apply for ilr in september? Therefore i can count the 6,000 as savings ... i have about another 2 grand that has been in my current account but has been going up and down but i can atleast use my 6,000 savings now...

So its only mortgage and council tax i minus from accomadation? Council tax is 89 and mortgage 368.17 total is £457.17 i need to minus from money i have or recieve through income and tax credits and then divide the left over by 4 weeks and i should be left with 248 114 for couple and 67 each for 2 children am i correct? I will get paid for july a week and august a month so i will only get 2 months pay 1 week of about 250 -300 ... and agust about 1200 ... and hubby has managed to get them to employ him but they will from next month so hubby will have 2 months wage he will prob get about £800 a month as they said they can only employ him part time for now until new shop opens in september then he will be full time..
i get around 800 with tax credits

will this be ok for adequate maintenance ?

So sorry for all this calculations x

[Fuzzbuzz]

Savings divided by 52 leaves me with
Rounded down 115

£800 tax credits and 800 husbands wage totals 1600

1600 - 457.17 mortgage and council tax leaves me with
1,142.83

1142.83 ÷ 4 = 285.70

285.70 + 115 = rounded down to 400

So thats 400 a week left and thats without my wages is this ok have i done this correctly ?

Will this prove adequate maintenance?

Thank you

[Fuzzbuzz]

Edit tax credits are £608 child benefit 134

[Fuzzbuzz]

Update! Hubby got his ILR sameday

[Casa]

Update! Hubby got his ILR sameday

Congratulations. Thanks for letting us know.