Sponsor reliant on public funds

[Jem60]

My daughter claims PIP, as well as Income Support, Housing Benefit and CTC. Due to her disability entitlement, she has to prove adequate maintenance to enable her husband to join her in the UK. However, according to paragraphs 6a to 6c of the immigration rules, if the sponsor is entitled to an increase in public funds due to the applicant's presence in the UK, then the application must be refused. I am really confused by this as although my daughter is able to support her husband until he finds a job, her being entitled to more benefits is out of her hands. I would appreciate any help with this. Thank you.

[Amber]

See also, Adequate maintenance: Calculating after April 2014 (click).

[Jem60]

Thank you Amber.
Using these calculations my daughter should be able to prove adequate maintenance. However, can you please explain how we can find out if her husband coming here would trigger additional funds and therefore meet a refusal? Or have I misunderstood the paragraphs? I am really concerned about this.
Thank you

[Amber]

What is her husband's nationality?

[Jem60]

He is Tunisian. I am concerned that my daughter'a income support will increase if he joins her, am I right to worry about this?

[Amber]

As he is a Tunisian nationa, he can claim carer's allowance when he meets the residence and presence test and if your daughter is receiving standard or enhanced rate daily living PIP. Income Support should continue to be paid at a single person applicable amount (plus any applicable premiums) but the claim must be joint. In such case, there should be no additional benefit.

[Jem60]

Thanks Amber.
You say the claim must be joint, does that apply once he is here? For the purpose of the application how do we set all this out? Can you also advise on how much detail they will need to prove a genuine relationship. Do they need to show, for example, Skype conversations from when they first met in March 2911?
Thanks.

[Amber]

Yes, once he arrives. Set out as per the link below. See also, http://www.immigrationboards.com/immigr ... 95280.html

[Jem60]

To put my mind at rest, do you know what kind of benefits are likely to increase if an applicant were to join their spouse in the UK? With regards to setting out the financial information, would we fill out the online form and then my daughter's husband put in an additional sheet of financial info with the bundle he takes to Tunis? Is the working out the formula you used for the appeal you helped a previous user with, only there wasn't a link to it with your last post? Sorry to be a pain, just want to make sure everything is covered.

[Amber]

The formula as per the link below - adequate maintenance.

[nabeelsultan2000]

See also, Adequate maintenance: Calculating after April 2014 (click).

Hi Amber

thanks for helping all of us

I am in Pakistan and got recently married i am going to apply for visa my wife is on income support she is receiving Disability allowance for one child,carer allowance for child, she is also receiving child tax credit, child benefit and housing benefit.

carer allowance £61.25 per week
income support £40.25 per week
Disability (child's) £100.15 per week
child benefit £60.50 per week
child tax credit £ 301.75 per week
housing benefit £ 106 per week

total £ 670.05

she got 4 kids

so its 113.70 + 17.45+ 265.32= 396.47
and paying council tax £18 and house rent £106 per week so its £520.47

it means that she qualifies for adequate maintenance

The question i want to ask and which is blowing my mind

i have read in one of the thread that child tax credit child benefit and housing benefit is subject to public funds they can not be inclulded in income and visa will be rejected am i right in this?
or
i can apply under adequate maintenance?

however
Annex FM Section FM 1.7: Financial Requirement 4.2 says that child tax credit ,housing benefit and child benefit are not permitted source of income

is that paragraph for both applying under adequate maintenance( due to disability or other allowances )and financial requirement under minimum income threshold

or is that for financial requirement under minimum income threshold 18600 only

please reply to lower down burden

Nabeel

[Amber]

All benefit income can be included, but I would not include DLA for the child as it's for the child but paid to the parent.

[Jem60]

Hi there
As my daughter, as the sponsor, gets disability benefits plus other benefits, does she still have to provide 6 months bank statements even though her previous statements will show less money going in than this month and future statements?
Thank you.

[Amber]

For benefits, I believe, only the entitlement letter and one bank statement in the preceding 12 months is required. Do read Appendix FM-SE.

[Jem60]

Thank you. With regards to the financial information when you have to prove adequate maintenance, it asks how much per month is spent on those you are financially responsible for. In my daughter's case, this is her children. How on earth can she come up with a figure for each child individually and what costs would need to be included in this calculation? Also, what exactly are classed as living costs?
Thanks in advance.

[Amber]

Perhaps put an amount of child benefit?

[Jem60]

Can you please clarify that all of the following benefits can be used in the calculation to prove adequate maintenance? PIP, Income Support, Child Tax Credits, Child Benefit, Housing Benefit, Council Tax Benefit
Thank you.

[Amber]

Yes as per the UKVI guidance.

[allwell46]

Hi amber
May I request for ukvi guidance link please?

Yes as per the UKVI guidance.

[Amber]

(a) Establish the sponsor’s and/or applicant’s (if they are in the UK with
permission to work) current net income. The net income should be established
and if the income varies, an average should be calculated. Income from
benefits can be included as income.

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

[nabeelsultan2000]

All benefit income can be included, but I would not include DLA for the child as it's for the child but paid to the parent.

I have held savings of about £3900 from last 7 to 8 months and have submitted my application on 17th of July 2014 and haven't received any answer from British High Commission Pakistan yet.

can i withdraw that savings before getting any answer from the embassy or shall i wait until i get the decision. I have held that in my account for more than 8 months

[nabeelsultan2000]

All benefit income can be included, but I would not include DLA for the child as it's for the child but paid to the parent.

Hi Amber
I have applied under spouse visa I have held savings of about £3900 from last 7 to 8 months in my Account and have submitted my application on 17th of July 2014 and haven't received any answer from British High Commission Pakistan yet.

Can i withdraw that savings before getting any answer from the embassy or shall i wait until i get the decision. I have held that in my account for more than 8 months

Haven't found Any relevant thread
Can you reply me soon please

[Amber]

If you satisfied adequate maintenance then why would you withdraw?

[nabeelsultan2000]

If you satisfied adequate maintenance then why would you withdraw?

I have kept this amount for additional support of my application though i already qualify from my wife's income based on adequate maintenance despite that if i withdraw that money this will affect application or not?