Re: Calculating Adequate Maintenance 2015/16 - How To

Gooruu · Post by **Gooruu** » Thu Jan 28, 2016 9:41 pm

Hi there,
I need someone help me. I have to renew spouse visa in March. My first FLR (M)application met finance required because that time my partner was working. unfortunately at the end of 2014 had something happened with him. He couldn't fit to work since that time. Now he has been claimed PIP,ESA,Child Tax,Child Benefit and Hosing benefits. And for me I used to work before but because I got one baby with him, she is British baby from her dad. I have to stop working for look after her and my partner. I need income to support myself so I have been selling something online which help me earn some money for me and my little girl.

My question is;
-Can I apply FLR(M) for second time of another 2.5 years by use Amber' calculation exempt finance require for partner who claim public funds?

-for saving money calculate, if my saving money for 6 months isn't the same amount as I selling online sometime good and sometime bad. Can I average amount of saving money? Because my saving money is different amount for example 7,000,5,000,12,000,10,000,11,000 and 10,000 all plus include together and divided by 6? So it isn't as same one of exsamble which he can save from 2,350 to 2,550 in 6 periods and it shows by using 2,350 minimum saving in 6 months for calculate divided by 130 weeks.

And last question in 2018, I have been in UK for 10 years, Can I straight aways apply ILR even my visa still in 5 years route or 10 years routes of FLR

Thank you

Gooruu · Post by **Gooruu** » Fri Jan 29, 2016 8:28 pm

Hi there,
I've already got answer for my first question from Casa (thank you so much) the answer is YES

Now I can concentrate just only my saving money calculation as I said before
Can I average amount of saving money for calculate or using minimum amount of saving money for calculate?

I hope someone can help me and I hope amber can see my question soon. Many thanks

hayalmeyal · Post by **hayalmeyal** » Sat Feb 20, 2016 2:35 pm

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 who receives income from ESA, DLA, Housing benefit, Child tax credit, child benefit-total of £641.90 per week.

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 (£113.70).

Am i right to calculate it according to the couple rate, or does it have to be according to the family right including her two british children? her children are already in the UK so i assumed she didnt have to. Please let me know.

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 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?

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

Many thanks

Post by **Casa** » Sat Feb 20, 2016 2:50 pm

Before advising any further, do any of the following apply to your Aunt's situation? :
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.

hayalmeyal · Post by **hayalmeyal** » Sat Feb 20, 2016 3:10 pm

Casa wrote:Before advising any further, do any of the following apply to your Aunt's situation? :
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 for your reply.

Yes, she receives the following:

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 rent is £564.99 per week

She has two british children.

Her husband is in jordan.

Is it correct to calculate according to income support? This would mean she needs to be left over with £263.81 for a couple including two children-there is a shortfall of £186.90

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?)

Many thanks for your time

hayalmeyal · Post by **hayalmeyal** » Sat Feb 20, 2016 3:40 pm

Thank you for your reply.

Yes, she receives the following:

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 rent is £564.99 per week

She has two british children.

Her husband is in jordan.

Is it correct to calculate according to income support? This would mean she needs to be left over with £263.81 for a couple including two children-there is a shortfall of £186.90

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?)

Many thanks for your time

kajis · Post by **kajis** » Tue Feb 23, 2016 4:09 am

Hi Casa and other senior Member,
Sorry for the Long query....
I am about to apply FLRM fro my wife with no dependant through PEO, I have gone through with all guidance its bit confusing, just need to know about 1)financial requirement and 2)adequate accommodation requirement my circumstances are;

Full time employed(salaried) with same two employer since past more than two years.
will they calculate last 6 months or for 12 months anual gross? as this confused me in appendix_FM 1-7 guidance page 20,5.1.7 case study A;
(Example (a)
In an application for entry clearance the applicant’s partner is in salaried employment at the
date of application and has been working for the same employer for 7 months prior to the
date of application. For the first three months of the 6 months prior to the date of application
his gross annual salary was £15,500. Then he was promoted by his employer so that for the
next three months (those being the three months immediately prior to the date of application) his gross annual salary was £18,700. The applicant’s partner is relying on Category A and so must have earned a level of gross annual salary which equals or exceeds the level relied upon in the 6 months prior to the date of application. Therefore the figure that can be used towards the requirement will be the lowest level of annual salary received during this 6 month period prior to the date of application which is £15,500.
The couple have no other source of income or savings and so the financial requirement is not met....

as my gross annual is more than 30k from both job and i am in countinues employment from last two years with the same employer even my last 12 month gross from one employer is exceding the threshhold.
while filling the 7B there is a question about benefits, as i am also taking only child benefit for my two kids which i mentioned and did not count as a part of finincial requirement. taking child benefit is going to be a problem?

2) accomodation; as in guidance it said you must occupy the accomodation by you and your depandants. as i am living with shared accomodation property consists of three bed rooms and two another rooms. they asked how many peoples are living with you list them, two couple are there, just wonder if they count as a overcrowded but its fine, in such case how could i defend it? i am living there since 2010..and there is no utility bill or Council tax under my name or my depandant name but we r registered in electrol at this property to confirm our residence apart from other sources.

it is highly appreciated if you guys respond these queries thanks in advance

FDEE · Post by **FDEE** » Sun Feb 28, 2016 11:02 pm

Hi

In regards to adequate maintenance for ILR I'm struggling to find information in regards to being on maternity leave.

My husbands FLR expires in May 2016 and he will be looking to apply for ILR. He currently doesn't work and I am on maternity leave and due back in May.

Am I able to use that income or not? Is it wise for my husband to find work?

Thanks

caro78 · Post by **caro78** » Sat Mar 05, 2016 1:57 pm

We're just about to put in a settlement (family of a settled person) visa (I'm British, my husband is American),

Just a quick adequate maintenance query.... I think I will be ok with it, but I would just like someones opinion;

PIP 76.00
CB 20.70
wages 231.00
pension 93.00
Tax credits 150.00

Mortgage 92.00 (will probably go down to 70.00-75.00 as I'm about to remortgage)
council tax 23.00 (worst case scenario)

Am I right in thinking that through adequate maintenance, it doesn't matter how long I have been working? (I went back in January).

Thank you in advance.

Caroline

INVICTUS · Post by **INVICTUS** » Mon Apr 11, 2016 5:56 pm

Hi, i'm new to this forum. I would like some advice on adequate maintenance. I'm a British citizen. I'm currently receiving PIP enhanced rate for both components and also ESA. PIP is £139.75 weekly and ESA £186.90. I went to a solicitor today and he told me that i need to show £329.60 in order to apply for my wife and daughter. This is how he calculated the amount of £329.60...

£114.90 INCOME SUPPORT

£66.90 FOR 1 CHILD

£17.45 FAMILY PREMIUM

£61.85 SEVERE DISABILITY

£22.60 ENHANCED DISABILITY

£45.95 DISABILITY PREMIUM

he said that when someone claims income support and the person is disabled then they are entitle to the premium that is why the premiums will be considered into the adequate maintenance.
This is a breakdown of my ESA.....

£73.10 LIVING EXPENSES
£61.85 EXTRA MONEY FOR SEVERELY DISABLED
£15.75 EXTRA MONEY BECAUSE OF THE DISABILITY INCOME GUARANTEE
£36.20 SUPPORT GROUP
Comes to the total of £186.90

My understanding was that i only had to show £199.20 a week or more in order to show adequate maintenance.

£114.85 INCOME SUPPORT

£66.90 FOR 1 CHILD

£17.45 FAMILY PREMIUM

I live in a 2 bedroom flat and my rent is £86.19 and my Housing benefit is £74.12 and i pay £12.07 for under occupied bedroom. i have no council tax to pay.

So my PIP + ESA + HOUSING BENEFIT = £400.77
Minus my rent £86.19 =£314.85

Please can someone tell me if the solicitor is right or is my calculation right.
Which is the correct amount i need to show for adequate maintenance.
£329.60 SOLICITOR or £199.20 CALCULATED BY ME.

THANK YOU AND SORRY FOR THE LONG POST.

baba_baba · Post by **baba_baba** » Mon Jul 11, 2016 10:50 am

Amber wrote:Depends what benefits you are claiming and any presume added?

Hi Amber,

I have question about my adequate maintenance. We have two kids and both born in the UK and British citizen.
My salary after tax
month 1 - £1583.33, wife salary - £498.48
month 2 - £1454.73, wife salary - £623.10
month 3 - £1253.53, wife salary - £498.48

Child benefit - £137.60

--------------
Expenses
Rent - £650.00
Council tax -£111.00

--------------
My average salary - £1430.53, and wife average salary - £540.02 + £137.60 = £2108.15
Expenses = £650.00 + £111.00 = £761.00
Balance = £1,347.15 (This figure is more than £1153.10)
---
Also we have saving for last six months - £6605.00
--
All bank statements and three month salary slips were submitted along with our application. The issue is my legal consultant has made some mistake in filling the form. He put under section 8, my slary £1250.00 and wife salary £500.00 and down in summary under section 8, he put my salary £1253.23 and wife salary £623.10.

Unfortunately, it has come to my attention now, since he kept the copies with him for long time and now I requested him to email that to me. My application is with Premium upgrade team and I have sent them an email explaining the correct figures to be used and they reply saying they have attached the email to my application.

My question is, is this going to create an issue to me? will they normally accept an email explanation?

This is giving me sleepless nights, I appreciate if you can share your thoughts.

Thank you

Samsam121 · Post by **Samsam121** » Sat Oct 08, 2016 8:15 pm

Hi Amber
My partner is applying for extension of spouse visa (5 yr route) with FLR (M) application. i am exempt from financial requirement as i receive carer allowance. my partner has savings for 6 months or more in his account. can he use this amount as proof of adequate maintenance?i receive weekly income of 255.88 per week (have 2 children), slightly less than the current amount needed to sustain British family. he has more about 7000 in his bank account. Thank you

shah_101 · Post by **shah_101** » Fri Nov 11, 2016 7:02 pm

Hi, I was wondering if anyone could clarify something for me. I am in receipt of PIP so therefore I am exempt from 18600 salary. I wanted to know if I could use my PIP money to meet the level required for income support rate for couple or will the PIP money not be counted if I have a shortfall. Also if not which benefits could be counted as income such as working tax credit. I would appreciate it if anyone could kindly assist me.
Regards

saintjohn · Post by **saintjohn** » Thu Dec 01, 2016 2:16 pm

Hello. I am a Newbie to this site. I am looking to apply for ILR visa for wife and 2 children. Can someone here confirm what benefits i can use to calculate my weekly net income? I am in receipt of DLA for my son of 5 years old and also income support and carers allowance along with child tax credits and child benefit.
Thanks for reading.

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