Financial requirement for FLR(M)- pre July 2012

[aerial]

Hi,

I've been following this forum for long time. Thanks for all the brilliant posts and advice.

I've applied for my FLR(M)by post (in Jan 2013 after my husband applied for ILR). My husband gained ILR through 10 years long residence in June 2013.

I entered UK as his dependent in 2005, and prior to applying FLR(M) I was a tier 4 PBS dependent from 2011 to 2013 Feb.

So, after a thorough research of this forum we knew that I would fall under pre July 2012 rules, hence we need not meet the financial criteria of £18,600.

Today, after more than 6 months from my application, I received a letter from 'Temporary Migration Team' to send in the below documents by 30 Aug 2013:

1) wage slips of me and my husband
2) 6 months bank statement of me and my husband.

Iam not employed, and hence no wage slips for myself. What exactly is the case worker trying to assess in my case.

I had clearly mentioned in my covering letter, that I fall under pre July 2012 rules and I need not meet the financial threshold.

Now how do I clarify my situation to the Home Office? Is there any immigration rules that I can state in my defence? OR am I unnecessarily confusing myself. Please help.

Guru's please help.

[Amber]

More than likely to establish that you can adequately maintain and accommodate yourselves as is the requirement under the old rules. Send the requested documents and include a letter stating that you have transitional protection as you were a pbs dep prior to July 2012, thus are under no financial requirement but must only be able to adequately maintain and accommodate yourselves.

[aerial]

More than likely to establish that you can adequately maintain and accommodate yourselves as is the requirement under the old rules. Send the requested documents and include a letter stating that you have transitional protection as you were a pbs dep prior to July 2012, thus are under no financial requirement but must only be able to adequately maintain and accommodate yourselves.

Thanks Guru for your quick reply. I've already enclosed 3 months bank statement of my husband in support of adequate maintenance with my application.So Is there any law or immigration rules to state , for pre july 2012?

[Amber]

Well, for a couple you should have £112.55 Net per week income after deducting rent, send what's requested and include the letter.

[aerial]

Thanks again for reply.

[aerial]

Well, for a couple you should have £112.55 Net per week income after deducting rent, send what's requested and include the letter.

Thanks again for the reply. Can I quote 'STATEMENT OF INTENT:
FAMILY MIGRATION , APPENDIX E: KEY TRANSITIONAL ARRANGEMENTS

Scenario:
Before 9 July 2012
you were granted entry
clearance, leave to enter or leave to remain
as the partner of a migrant under the Points
Based System, or you have applied for this
and are awaiting a decision.

Arrangement Applicable:
The immigration rules in force before 9 July
2012 will still apply you from 9 July 2012.
From October 2013 you will need to pass the
Life in the UK test and a B1 level English
speaking and listening qualification to qualify
for settlement. '


- in support of my application?

[Amber]

Rather you should write:

Applicants who were granted leave to enter or remain as a PBS dependant before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

[aerial]

Thank you guru

[aerial]

Rather you should write:

Applicants who were granted leave to enter or remain as a PBS dependant before 9 July 2012, whose PBS partner gained indefinite leave to remain on the basis of long residence can under transitional provisions at A280 (c) apply for further leave under Part 8 of the Immigration Rules.

Is this A280(c) is for 'transitional arrangement on income threshold' or 'apply for further leave under Part 8 of the Immigration Rules'.

I have looked everywhere on the internet to know about A280(c), but i cant see any explanation about income threshold for pre july 2012.

[Amber]

Part 8 are the old rules thus no financial requirement per se just adequate maintenance and accommodation.

See 3.4 of the Transitional Guidance (click)

[aerial]

My husband earn apprx 1250 GBP in 2 jobs and i dont work and i have already specified on the FLR application.

Now the case worker has asked my payslips and bank statement. Iam including this in the covering letter that i dont work so i couldnt provide wage slips.

I have 2 children and pay rent of 433 per month and council tax on top of that. (My children are not applying with me, they have acquired British citizenship through Naturalisation after my husband's ILR)

Does she want to calculate adequate maintenance ?

In my case will the adequate maintenance be calculated for a couple OR a couple with two children?

I have calculated with 1250GBP with rent, council tax, two children, loan taken out from net income, I feel that I dont fulfill the adequate maintenance.

So what is the case worker upto ?

I have made all documents requested by case worker ready to send in two days, so fingers crossed.

If there is negative impact, is there any way to get my extension or any other visa?

[vinny]

See also rules before 9th july 2012.

[Amber]

Ok for you, the applicable amount of income support that you should have as disposable income (Net) after deducting rent is:

Couple rate (£112.55) + 2 x child amount (2 x £65.62) = £243.79 Net per week

Income = earnings (£288.46 Net wage) + Child benefit (£33.70) + Tax credits (£76.58 ) =£398.74

Rent per week = £99.92

So the income should be equal or greater than your applicable amount and rent. Therefore, £398.74 (income) is greater than £343.71 (applicable amount plus rent).

Check the figures I have used.

Include a letter with the said calculations that I have used (check figures), include proof of child benefit (in your husband’s name) and tax credits (in joint names). If you have not claimed the benefits get it done today!

[aerial]

Sorry for being a pain

I heard that:

'if it is more likely the sponsor to live on benefits to run his family and showing the maintenence for his spouse for leave to remain'

wont this recourse to public funds subject my application for refusal ?

My husband now claiming CB for 2 children,

he is not claiming WTC and CTC.

But you are saying get it done today, is this a one day job ? or does the tax office will give the calculations done in one day ?

how will this help.

The caseworker has given time upto 30th aug to reply with statements and payslips.

[Amber]

No it is only where additional benefit is paid that it becomes an issue. The child benefit and tax credits is allowed by law. You need to show this as income. Tax credits is not a one day job, however, the fact you are claiming child benefit will speed up the process. Although, you don't need a NINo to claim with your husband (joint claim for tax credits) you are better getting one as it may delay the application. Your income is tight (perhaps too much so) without tax credits. Write in the letter you are sending to the Home Office, that you have made a claim for tax credits and that you will send them a copy of the award notice ASAP. Ask the HMRC when you call then for a rough figure which you can include to the Home Office. Get the claim (joint names) in today.

[aerial]

Thanks again Guru.

My husband just had a talk with HMRC and they said estimated amount for both WTC and CTC will be 103.25 GBP per week and claim pack will be in two weeks.

One more question:
The letter sent from Sheffield reads:

Dear ******,

Thank you for your application for leave to remain in UK on the basis of marriage.
To help me consider the matter, please send me the following documents. Please send original documents as photocopies are not acceptablefor the purpose of deciding your application.
1) Wage slips covering last number of months for yourself and your husband.
2) Detailed bank statements covering last 6 months for both of you.

To enable me to decide your case promptly it is essential that you send the enclosed return label and reply by 30 Aug 2013.
If you fail to produce the documents ................................................................................................... "

Does the letter look like it is for adequate maintenance or is it for something else? are we triggering something else?

[Amber]

Sounds like they're concerned about your income for adequate maintenance. As you'd need more specified evidence than that for the new requirement as per Annex FM 1.7.

You need to detail the response as I've said. Include the Child Benefit award and explain the estimated Tax Credits and that you will forward the award notice as soon as it comes.

[aerial]

Thank you very much for your help. I will keep you posted about my case.

[geriatrix]

Post queries about public funds / benefits in the appropriate forum.

[Amber]

The OP has

[aerial]

Posted 6 months wage slip and bank statements to case worker and explaining about adequate maintenance with estimated tax credits amount through Spl Delivery on Wed the 21st august.

[geriatrix]

The OP has

Unfortunately no.
I split those posts from this topic and moved them there.
Hence the instruction.

[Amber]

The OP has

Unfortunately no.
I split those posts from this topic and moved them there.
Hence the instruction.

My apologies sushdmehta, I thought I was losing the plot.

[aerial]

Sorry for posting in the same thread, sorry amber and sushdmehta

[aerial]

Good news amber,

Got visa and brp by post today.

My FLR(m) approved on 22nd august the very next day after sending my extra documents on SPl.Delivery with covering letter explaining adequate maintenance and estimated tax credits and explaining that i will forward a copy of award notice once i get it.

I think once the case worker read the covering letter and seeing my extra documents she has approved my FLRm without waiting for tax credits award notice.

Thanks to you again, without you it wouldn't have possible. appreciate your wise advise.

Now booked 25th sep for my SET(M) at PEO.

Thanks again.