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Maintenace amount required for Spouse Visa w/ 2 children

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Marriage | Unmarried Partners | Fiancé | Ancestry

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DesignChick
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Maintenace amount required for Spouse Visa w/ 2 children

Post by DesignChick » Sun Oct 04, 2009 6:21 pm

Firstly I would like to say that this forum has been invaluable to my husband and myself in planning.

I will be applying for a spouse visa in a few months, my husband is British we have 2 children together who have British citizenship through their Dad.

My question is how much must my husband have left in his account after expenses to prove that he can support me and our two (2) children aged 3 and 5 years?

Danbrix
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Post by Danbrix » Sun Oct 04, 2009 7:02 pm

Hi DesignChick,

The threshold for a couple (no kids) is £100.95. Since you have two children, there will be an additional tax credit element that comes into play, so according to

http://www.entitledto.co.uk/default.asp ... 3782d303c3

it would be £96.00. Therefore you are looking at to have around £200 per week after paying your rent and council tax.

DesignChick
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Posts: 85
Joined: Tue Mar 24, 2009 12:41 pm
Location: Jamaica

Post by DesignChick » Sun Oct 04, 2009 7:22 pm

Wow so that means he needs 800 pounds left in his account at the end of the month. I think we may be in trouble with our application. He would only have about 450 pounds at the end of the month.

Would extensive savings and the fact that I can work make a difference?

What should we do?

Danbrix
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Posts: 150
Joined: Wed Oct 01, 2008 1:54 pm

Post by Danbrix » Sun Oct 04, 2009 8:18 pm

DesignChick wrote:Would extensive savings and the fact that I can work make a difference?
It can absolutely work in your favour.
DesignChick wrote:What should we do?
This leads me to a question I don’t even know the answer to. May be senior members may have an input into it.

Your husband can claim public funds in his own rights (tax credits to be specific). The question is, why wouldn’t you be given spousal visa since your husband would legitimately be entitled for tax credits once you are here? In this case the household income after expenses will be nicely over the threshold. Families (spousal visa) already in the UK can do so without affecting their ILR applications where maintenance is a big component of the application.

DesignChick
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Location: Jamaica

Post by DesignChick » Sun Oct 04, 2009 10:37 pm

Thats the same thought I had, seems logical. But laws are not always logical.
Hope a senior member will shed some light.

John
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Post by John » Sun Oct 04, 2009 11:50 pm

The threshold for a couple (no kids) is £100.95. Since you have two children, there will be an additional tax credit element that comes into play, so according to

http://www.entitledto.co.uk/default.asp ... 3782d303c3

it would be £96.00. Therefore you are looking at to have around £200 per week after paying your rent and council tax.
Yes, but the Tax Credits, and indeed Child Benefit, would be received, wouldn't they!

It is worth mentioning para 6C of the Immigration Rules, if only to say that I can't see how it applies here. That is, if the amount of benefits was to be increased because a visa application is granted, then that increase cannot be taken into account in assessing whether the financial test is passed or not. The children are British, and don't need visas, and of course if the couple are happy to do so, the children could come to the UK now, and thus Child Benefit and Tax Credits claims would start.

In other words, if the visa is granted, that in itself will not lead to an increase in benefits payable.

Also DesignChick, you are misreading something already posted. You are interpreting "Therefore you are looking at to have around £200 per week after paying your rent and council tax" as "Wow so that means he needs 800 pounds left in his account at the end of the month", but that is not being suggested. Even if the £800 figure was correct, that amount can be used to pay gas, electricity, water, etc etc, and thus a lot less than £800 need be left in the bank account at the end of each month.

And if he currently has a surplus of income over all expenditure of £450 per month, I don't envisage you will have a problem passing the financial test.
Last edited by John on Mon Oct 05, 2009 7:36 am, edited 1 time in total.
John

DesignChick
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Post by DesignChick » Mon Oct 05, 2009 12:02 am

We thought about sending the babies ahead of me. They are only 3 and 5 and I can't imagine having to put them into childcare during the days and after school when my husband is at work.
They're used to being taken care of by grandparents, so we opted for them to stay with me until after the visa is approved (God's willing & of course requirements met).

Thanks for that clarification I was starting to get a little worried. My next few months I can see will be riddled with stress until I send in my application. Thanks for putting my mind at ease on that issue.

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