Adequate maintenance and Spouse Visa

[sauhs]

Hello.
I was wondering if anyone could help me out please.
Background - I got married in 2018 to my Husband who is currently in Pakistan. I now have a daughter who is a british citizen, she lives with me. I am receiving Carers Allowance at £270ish a month caring for a family member. And I also get Universal Credit £405 a month - this includes previously so called child tax credit. And £80 a month Child Benefit. I live with my family - no accomodation costs or council tax etc.
Would I be able to try for a spouse visa for my husband? Do I meet adequate maintenance? Any pointers or anything Im missing?

[seagul]

Hello.
I was wondering if anyone could help me out please.
Background - I got married in 2018 to my Husband who is currently in Pakistan. I now have a daughter who is a british citizen, she lives with me. I am receiving Carers Allowance at £270ish a month caring for a family member. And I also get Universal Credit £405 a month - this includes previously so called child tax credit. And £80 a month Child Benefit. I live with my family - no accomodation costs or council tax etc.
Would I be able to try for a spouse visa for my husband? Do I meet adequate maintenance? Any pointers or anything Im missing?

https://www.google.com/url?sa=t&source= ... bAurc-D5gy

https://www.vfsglobal.co.uk/pk/en

https://www.gov.uk/uk-family-visa/partner-spouse

[sauhs]

Yes Ive read those links before posting this question.

[sauhs]

Any further help anyone?

[seagul]

You need to read all previously given links in its entirety. Yes you can apply spouse visa through adequate maintenance.

[sauhs]

Like I said : I have read them. But am i meeting the adequate maintenance threshold? And do I qualify for a fee waiver for the fees and health surcharge?

[seagul]

And do I qualify for a fee waiver for the fees and health surcharge?

No to both as you neither are destitute right now nor prone to destitution due to already receiving the public funds.

[mavaas11]

A - B > C
Income - Housing COSTS > Income Support + Carers element/premium
Income - 0 > £116.80 + £41
Income > £158 to meet adequate maintenance requirement

So

£67.25 (Carers Allowance) + £18 (Child Benefit, based on £80 per month) + Child Tax Credit/ UC >
£85.25 + I dont know about Universal credit, so if you could tell us how much child tax credit there is
£85.25 + Child tax credit (£54) > £158 (Income support + Carers element)
£139 > £158
£19 short per week, but ive only used you child tax credit , child element, i dont know if you get the family element or if UC is allowed.

Worst case Scenario if you didnt add uc , you would need £19 *143 weeks (entry clearance) = £2,717 savings

I would say you DO meet the adequate maintenance requirement, get it double check by a solicitor etc
or just get £3,000 savings dont let it dip belw £3,000 for 6 months prior to application and say you got funds from carers/ uc etc

All calculations are weekly, as adequate maintenance has to be higher than income support weekly level of £116.80

[Obie]

And do I qualify for a fee waiver for the fees and health surcharge?

No to both as you neither are destitute right now nor prone to destitution due to already receiving the public funds.

That is not the only legal test.
The test is whether the person can afford to paythe fess, whether paying it will result in destitution.
The other test is whether there are exceptional circumstances which makes requiring the fees undesirable.

[Korekt]

Indeed.

This is the gist of this recent judgement which HO didn't appeal.

[Obie]

I would not say it is that judgement that established the precedent, it was established as way back as Omar and subsequently Carter. It was only the Home Office that was stubborn to act lawfully.

I beleive they sought to challenge the decision of the UT, although i do not believe they will succeed.

[seagul]

According to none-immigration school of thoughts the destitution can be defined as:
"Destitution means going without the bare essentials we all need. That’s a home, food, heating, lighting, clothing, shoes and basic toiletries. We define destitution as when people have lacked two or more of these essentials over the past month because they couldn’t afford them; or if their income is extremely low – less than £70 a week for a single adult. This definition is also based on what the general public agree destitution to be"

Based on above if we compare it with op's circumstances where she is fully housed with parents and receiving public funds with only one British dependant who is already exempted from all fees & thresholds, so where and how can someone fit in fee waiver criteria. Also that case study doesn't fit here because as stated earlier that op has British child who don't pay any fee and the husband she has need entry clearance who must be housed at abroad too. So the authorities can easily suggest to apply when you will be fit to apply. Thanks to Google where anything supporting a claim can be found which doesn't necessarily fit into another scenario like as above. I am sure on same Google search we can find thousands of refused fee waiver applications.

[seagul]

Op is getting following around £755 per month with almost zero major outgoings, so show me where destitution lies??

[Obie]

I am not questioning your definition of destitution, i am only saying that destitution is not the only criteria, nor is it the gold standard.

I accept that all individuals who meets that criteria will succeed. However, it is not the only criteria.

[seagul]

Even by keeping aside the term called destitution, the main factor is affordability which in op's case seems be tested positive. An entry clearance, if is not affordable now then can be applied at later and there are no exceptional factors involved because based on what op is earning can easily visit her partner.

[Obie]

I am not dealing with the merits of an individual case. You may well be right that the OP may not qualify and that is a fact that i did not dispute.
I was merely stating that the test your cited was an incomplete test, based on caselaws.

[JB007]

According to none-immigration school of thoughts the destitution can be defined as:
"Destitution means going without the bare essentials we all need. That’s a home, food, heating, lighting, clothing, shoes and basic toiletries. We define destitution as when people have lacked two or more of these essentials over the past month because they couldn’t afford them; or if their income is extremely low – less than £70 a week for a single adult. This definition is also based on what the general public agree destitution to be"

It is set very low. It's only about £75 for those who are destitute and wanting the jobseeker's element benefit. But with that £75 (ish) per week cash benefit, they may have to use that to also top up the monthly rent money as benefits won't cover all the rent, pay their set (by the council) amount for council tax and maybe even pay a contribution towards any children they have that don't live with them. What's left is then for their food, other utilities (water, gas, electic).

In contrast, without any housing costs, the OP has a lot of money given to her to spend on herself and her child. Not as good as a wage, but a lot better than those living on welfare benefits who also have to pay their own housing costs.

[JB007]

£67.25 (Carers Allowance) + £18 (Child Benefit, based on £80 per month) + Child Tax Credit/ UC >
£85.25 + I dont know about Universal credit, so if you could tell us how much child tax credit there is
£85.25 + Child tax credit (£54) > £158 (Income support + Carers element)

It's less benefit money on Universal Credit than it would have been on Child Tax Credits.

The reductions on the Child Tax Credit benefits that claimants didn't want and were so happy when the government changed their minds, the government put on Universal Credit instead.

[seagul]

In contrast, without any housing costs, the OP has a lot of money given to her to spend on herself and her child. Not as good as a wage, but a lot better than those living on welfare benefits who also have to pay their own housing costs.

Exactly

[sauhs]

And do I qualify for a fee waiver for the fees and health surcharge?

No to both as you neither are destitute right now nor prone to destitution due to already receiving the public funds.

Ok thanks

[sauhs]

A - B > C
Income - Housing COSTS > Income Support + Carers element/premium
Income - 0 > £116.80 + £41
Income > £158 to meet adequate maintenance requirement

So

£67.25 (Carers Allowance) + £18 (Child Benefit, based on £80 per month) + Child Tax Credit/ UC >
£85.25 + I dont know about Universal credit, so if you could tell us how much child tax credit there is
£85.25 + Child tax credit (£54) > £158 (Income support + Carers element)
£139 > £158
£19 short per week, but ive only used you child tax credit , child element, i dont know if you get the family element or if UC is allowed.

Worst case Scenario if you didnt add uc , you would need £19 *143 weeks (entry clearance) = £2,717 savings

I would say you DO meet the adequate maintenance requirement, get it double check by a solicitor etc
or just get £3,000 savings dont let it dip belw £3,000 for 6 months prior to application and say you got funds from carers/ uc etc

All calculations are weekly, as adequate maintenance has to be higher than income support weekly level of £116.80

I dont get CTC i get UC of £400ish pound which INCLUDES a child element of £235 a month. But my incoming is the carers allowance at £270ish a month , child benefit £80 a month and UC £400ish
Don't I also have to also add family premium to 'c' in the equation a - b > c? Not just carers premium.
I will try to keep £4000 savings aswell just to be on the safe side.

[CR001]

I dont get CTC i get UC of £400ish pound which INCLUDES a child element of £235 a month. But my incoming is the carers allowance at £270ish a month , child benefit £80 a month and UC £400ish
Don't I also have to also add family premium to 'c' in the equation a - b > c? Not just carers premium.
I will try to keep £4000 savings aswell just to be on the safe side.

Be aware that you cannot count all benefits under the adequate maintenance route. Only very specific benefits are counted, for example child benefit doesn't count.

https://assets.publishing.service.gov.u ... .0-ext.pdf

Under paragraph E-ECP.3.3., E-LTRP.3.3., E-ECC.2.3. or E-LTRC.2.3 (partners on
a 5year route to settlement under Appendix FM and their children), to be able to
meet the financial requirement through adequate maintenance, the applicant’s
partner or parent’s partner must be receiving one or more of the following:
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Carer’s 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

[mavaas11]

Yes i calculated the child element,
£54

I dont think you need family premium, please ask someone, as you are not sponsoring that child, that child has a british passport so youre not sponsoring her

better ask someone, if that child doesnt count then you will need the savings i previously mentioned, otherwise its a simple calculation, adding the family premium, income support (£116.80), carers element (£37) + IS for the one dependant child. whatever you need , multiply by 143 (weeks) , thats what you need in savings.

[sauhs]

I dont get CTC i get UC of £400ish pound which INCLUDES a child element of £235 a month. But my incoming is the carers allowance at £270ish a month , child benefit £80 a month and UC £400ish
Don't I also have to also add family premium to 'c' in the equation a - b > c? Not just carers premium.
I will try to keep £4000 savings aswell just to be on the safe side.

Be aware that you cannot count all benefits under the adequate maintenance route. Only very specific benefits are counted, for example child benefit doesn't count.

https://assets.publishing.service.gov.u ... .0-ext.pdf

Under paragraph E-ECP.3.3., E-LTRP.3.3., E-ECC.2.3. or E-LTRC.2.3 (partners on
a 5year route to settlement under Appendix FM and their children), to be able to
meet the financial requirement through adequate maintenance, the applicant’s
partner or parent’s partner must be receiving one or more of the following:
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Carer’s 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

Yes. I just read the publication you attached..all benefits can be counted towards income. Only third party support is not counted. It says child benefit can also be included

" The following sources of income of the applicant (in respect of employment or self-
employment, only if they are in the UK with permission to work) or (as appropriate)
their partner, parent, parent’s partner or other sponsor can be counted where an
application under Appendix FM has to meet the adequate maintenance requirement:
• income from salaried or non-salaried employment
• non-employment income, for example, property rental or dividends from shares.
• income from Working Tax Credit, Child Tax Credit, Child Benefit, income-
related benefits, contributory benefits and benefits/pensions payable to Armed
Forces veterans and their partner
• cash savings held for at least 6 months prior to the date of application
• state (UK or foreign) or private pension
• income from self-employment and income as a director of a specified limited
company in the UK
Income sources not permitted
The following sources of income cannot be counted where an application under
Appendix FM has to meet the adequate maintenance requirement:

• third party support"

[sauhs]

Yes i calculated the child element,
£54

I dont think you need family premium, please ask someone, as you are not sponsoring that child, that child has a british passport so youre not sponsoring her

better ask someone, if that child doesnt count then you will need the savings i previously mentioned, otherwise its a simple calculation, adding the family premium, income support (£116.80), carers element (£37) + IS for the one dependant child. whatever you need , multiply by 143 (weeks) , thats what you need in savings.

Thanks