Spose visa declined Carers Allowance

[Battlestar]

Hi guys, need some help.

My brothers spouse visa for his wife has been declined. He just got the email saying that they meet the eligibility for everything else but he failed the financial test.

The letter says the following and gives 28 days to appeal:

You do not meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. You
have not provided evidence which shows that there will be ‘adequate’ maintenance for
yourself, your partner/sponsor and any dependants without further recourse to public
funds.

The following formula has been used to calculate the income available to maintain you
and your partner and any dependants in the UK, taking into account your projected
income and your accommodation costs:

A – B ≥ C

Appendix FM Partner Refusal Version 01 17
A minus B is greater than or equal to C.

A is net income (after deduction of income tax and National Insurance contributions);
B is housing costs (i.e. what needs to be spent on accommodation); and
C is the amount of Income Support that would be received by a British family of
equivalent size.

A = Carers Allowance - £62.75.
B = £0 housing costs.
C = £116.80.

So short £49.20 per week.

He was actually working as a personal assistant and getting £100 per week on top of carers but he did not send this as he thought he only needed to show carers allowance to meet the financial requirements. He was earning £100 per week on top of carers allowance for over 12 months until March 2021.

Then he stopped working and went on to Universal Credit from April 5 and now gets the carers allowance plus £53.54 per week in Universal Credit.

Were they right to deny the visa as I also assumed no further financial evidence was needed.

Thanks guys.

[Battlestar]

OK upon further reading it appears that you do need to meet the income support cap of £117. Did not realise this. Will appeal and submit the information.

[Battlestar]

One lat question guys, if I appeal will they take the past earnings into consideration or will I need to submit a new case from scratch?

Thank you.