Adquate maintenance-shortfall-other options?

[hayalmeyal]

Hi everyone,

I am need of some help:

My aunt (british citizen) has two british children and would like his spouse from jordan to enter the uk on a spousal visa.

She weekly receives income from:

ESA: £120.15 per week
DLA: £21.55 per week
Housing benefit: £345.45 per week
Child tax credit: £111.32 per week
Child benefit: £34.40 per week

Total: £641.90

Her weekly rent is £564.99.

When we subtract the two together, she is left with £76.91 per week which is below the weekly income support rate for a couple with two children who are in the UK (£263.81).

Her children are already in the UK so i assumed she didnt have to calculate according to income support for a couple. Please let me know if this correct.

Either way, she will fall below the rate of income support required...

We are unclear whether or not it would be acceptable for her husband (in jordan) to evidence his own cash savings from Jordan to be able to show they will have enough to support themselves if he was to be granted entry clearance. Does the funds need to have been held in his account for the last 6 months? And would he only be required to provide his bank statements? Can this be added to the above initial calculation?

From my understanding, third party support is not accepted. Is this correct? My aunt receives monthy payments from her ex husband and family member in cash in hand. Would this be acceptable?

If her husband regularly sends her money from overseas would this be acceptable or would he need to rely on his own cash savings?

If she had cash savings in her own name, would she be able to rely on this and does it have to be in her account covering a 6 month period?

How else can they meet the requirement? Can third party support be included? Cash savings?

Would this mean they would need cash savings of £24,297 over the last 6 months (£186.90 x 130?)

I find the immigration rules and appendix' really confusing.

Please help

Many thanks for your time


Do they need to show the source of the cash savings?

[CR001]

If her husband regularly sends her money from overseas would this be acceptable or would he need to rely on his own cash savings?

If she had cash savings in her own name, would she be able to rely on this and does it have to be in her account covering a 6 month period?

Either can have savings.

How else can they meet the requirement? Can third party support be included? Cash savings?

Third party sponsorship/support is not permitted.

Would this mean they would need cash savings of £24,297 over the last 6 months (£186.90 x 130?)

Not sure how the calculation would work for DLA benefit claimant.

[Amber]

Under paragraph 12B of Appendix FM-SE, once the total amount of cash savings which meets the requirements of paragraphs 11 and 11A has been calculated and evidenced, this can be divided by the number of weeks of limited leave which would be issued if the application was granted, and then expressed as a figure which can be used in the assessment. All cash savings which meet those rules can be counted towards meeting the adequate maintenance requirement and not just those above £16,000 which is the amount above which savings can be counted towards meeting the minimum income threshold.

Example – The sponsor has savings of £3,000. This is then divided by the number of weeks in the leave period granted. (33 months for entry clearance = 143 weeks; 30 months for leave to remain = 130 weeks).

So if the application is for leave to remain, £3,000 divided by 130 weeks = £23.07

This means that £23.07 can be added to any weekly income received by the applicant/sponsor for the purpose of assessing adequate maintenance.

[hayalmeyal]

Under paragraph 12B of Appendix FM-SE, once the total amount of cash savings which meets the requirements of paragraphs 11 and 11A has been calculated and evidenced, this can be divided by the number of weeks of limited leave which would be issued if the application was granted, and then expressed as a figure which can be used in the assessment. All cash savings which meet those rules can be counted towards meeting the adequate maintenance requirement and not just those above £16,000 which is the amount above which savings can be counted towards meeting the minimum income threshold.

Example – The sponsor has savings of £3,000. This is then divided by the number of weeks in the leave period granted. (33 months for entry clearance = 143 weeks; 30 months for leave to remain = 130 weeks).

So if the application is for leave to remain, £3,000 divided by 130 weeks = £23.07

This means that £23.07 can be added to any weekly income received by the applicant/sponsor for the purpose of assessing adequate maintenance.

Dear Amber,

I apoligise for the repetition but in that case, would the below calculation be correct?

She has a total income (from benefits) of £641.90. When we take away her weekly rent (£564.99) she is left with £76.91 per week which is below the weekly income support rate for a couple with two children who are in the UK (£263.81).

Is this part of the calculation correct?

This would mean she needs an extra weekly income of £186.90 per week to be able to meet the income support level for a couple with two children (again, children are already in the UK).

Would this mean she needs to multiply £186.90 by 33 months for entry clearance? So £186.90 x 143= £26,726.70?

So she will need £26k which should have been held in her account for the last 6 months to be able to meet the requirement?

Can her husband use his own savings too? or would that be considered as third party support? And again, would those funds have to be held in his account too?

Can they combine savings?

She does receive money from her ex husband and her sister but these are in cash, is there any way around this?

Many thanks Amber

[Amber]

Find cheaper accommodation? The sponsor and applicant can use their savings, insofar as they've been held for 6 months.

[hayalmeyal]

Find cheaper accommodation? The sponsor and applicant can use their savings, insofar as they've been held for 6 months.

Thank you for the response. But if they do not find cheaper accomodation and stick with going with savings (both together), would this mean we need to multiply £186.90 by 33 months for entry clearance? So £186.90 x 143= £26,726.70?

Will this be the figure required from the couple-held together or individually?

And do you know if third party support will be accepted? i.e. from her ex-husband or sister? She already receives around £1400 a month but this is in cash

Thank you