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FLR -exempt from the financial requirement

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jojochaachaa
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Posts: 66
Joined: Mon Jul 01, 2013 8:10 pm

FLR -exempt from the financial requirement

Post by jojochaachaa » Thu Sep 10, 2015 9:23 pm

Hello everyone ,
we are just about to put in for our FLR application for further leave to remain for my husband this will go in in December , my Husband is working full time and we have just been awarded tax credits , and I am on standard rate pip for my health conditions, now heres the thing I have seen on my husbands passport no recourse to public funds , so I rang the tax credits to tell them and they cannot clarify if we can have them or not , we do not want to jeopardise his visa by breaching conditions , as I am on pip I Think we may be exempt from the financial requirement ? could anybody shed any light , as last time we had a solicitor who was truly awful


Many Thanks in advance


Jo

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: FLR -exempt from the financial requirement

Post by Casa » Thu Sep 10, 2015 9:34 pm

From the Regulations regarding finance:
3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances
in the UK, the applicant will be able to meet the financial requirement at that application
stage by providing evidence of “adequate maintenance” rather than meeting an income
threshold:
 Carer’s Allowance.
 Disability Living Allowance.
 Severe Disablement Allowance.
 Industrial Injuries Disablement Benefit.
 Attendance Allowance.
Personal Independence Payment.
 Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
 Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jojochaachaa
Junior Member
Posts: 66
Joined: Mon Jul 01, 2013 8:10 pm

Re: FLR -exempt from the financial requirement

Post by jojochaachaa » Thu Sep 10, 2015 10:01 pm

Casa wrote:From the Regulations regarding finance:
3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances
in the UK, the applicant will be able to meet the financial requirement at that application
stage by providing evidence of “adequate maintenance” rather than meeting an income
threshold:
 Carer’s Allowance.
 Disability Living Allowance.
 Severe Disablement Allowance.
 Industrial Injuries Disablement Benefit.
 Attendance Allowance.
Personal Independence Payment.
 Armed Forces Independence Payment or Guaranteed Income Payment under the
Armed Forces Compensation Scheme.
 Constant Attendance Allowance, Mobility Supplement or War Disablement Pension
under the War Pensions Scheme.
Thank you casa My Husband is working but its not 18.600 so this should be ok then with my pip?

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Casa
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Posts: 25753
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Re: FLR -exempt from the financial requirement

Post by Casa » Thu Sep 10, 2015 10:16 pm

Yes as long as you can show 'adequate maintenance' of £114.85/week after payment of rent or mortgage and council tax.
Also you are required to submit the following evidence:
12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, all the following must be provided

(a) Official documentation from the Department for Work and Pensions or Veterans
Agency confirming the current entitlement and the amount currently received.

(b) At least one personal bank statement in the 12-month period prior to the date of
application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jojochaachaa
Junior Member
Posts: 66
Joined: Mon Jul 01, 2013 8:10 pm

Re: FLR -exempt from the financial requirement

Post by jojochaachaa » Thu Sep 10, 2015 10:23 pm

Casa wrote:Yes as long as you can show 'adequate maintenance' of £114.85/week after payment of rent or mortgage and council tax.
Also you are required to submit the following evidence:
12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment or Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, all the following must be provided

(a) Official documentation from the Department for Work and Pensions or Veterans
Agency confirming the current entitlement and the amount currently received.

(b) At least one personal bank statement in the 12-month period prior to the date of
application showing payment of the amount of the benefit or allowance to which the person is currently entitled into their account.
Marvellous Casa thank you the only thing I am worried about is they have just awarded us tax credits , and I DO not think we can have them as my husband has no recourse to public funds so i have asked them to stop it and we will pay back from the last month however it does not seem easy to do I am waiting from a call from them , nothing is easy

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Casa
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United Kingdom

Re: FLR -exempt from the financial requirement

Post by Casa » Fri Sep 11, 2015 9:34 am

You are entitled to claim working tax credits without it affecting your husband's visa application, but as strange as it may seem, in order to claim correctly these must be claimed in joint names.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jojochaachaa
Junior Member
Posts: 66
Joined: Mon Jul 01, 2013 8:10 pm

Re: FLR -exempt from the financial requirement

Post by jojochaachaa » Tue Nov 03, 2015 7:13 pm

Casa wrote:You are entitled to claim working tax credits without it affecting your husband's visa application, but as strange as it may seem, in order to claim correctly these must be claimed in joint names.

Thank you case we are just about to start the flr application i have printed it off today aaaagh 74 pages, can you point me to the adequate maintenance criteria i know amber had posted it on here but i cannot locate it I'm afraid , many thanks

jojochaachaa
Junior Member
Posts: 66
Joined: Mon Jul 01, 2013 8:10 pm

Re: FLR -exempt from the financial requirement

Post by jojochaachaa » Wed Dec 02, 2015 4:21 pm

jojochaachaa wrote:
Casa wrote:You are entitled to claim working tax credits without it affecting your husband's visa application, but as strange as it may seem, in order to claim correctly these must be claimed in joint names.

Thank you case we are just about to start the flr application i have printed it off today aaaagh 74 pages, can you point me to the adequate maintenance criteria i know amber had posted it on here but i cannot locate it I'm afraid , many thanks
hello Casa would you happen to know also if I am allowed to get any help with housing and council tax even though my husband has no recourse , the one stop shop are saying yes because i am entitled as a british citizen however my husband is not allowed recourse to public funds , we are just about to do flr m so we do not want to mess this up at all ?


regards

Jo

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