This should not even be going to an appeal this should have been reconsidered as the decision maker appears to have erred in their understanding.
Firstly, 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.
Therefore the application for FLR(M) made on (INSERT DATE) should have been considered under Part 8 of the immigration rules as per the provisions in A280 (c) and thus, the new financial requirement is not applicable but rather that the applicant is able to adequately maintain and accommodate themselves.
You should set it out as follows:
Following the Upper Tribunal case of
Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the
Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
A is the projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.
For the purpose of income,
benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a).
No benefit income is said to be excluded in the Immigration directorate instructions. I have calculated all figures as weekly as per the benefit entitlement letters (included). For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).
Therefore,
A, income is:
Net Wages = £184.62
Child benefit = £33.70
Child & Working Tax Credits = £143
Housing benefit = £126.92
Total income = £488.24 per week
B, accommodation costs:
Rent = £161.54
Total accommodation costs = £161.54 per week
C, income support applicable amount:
An amount for a couple = £112.55 per week
An amount for 2 children = £65.62 x 2 = £131.24 per week
The total income support applicable amount for my family unit including my partner =£243.79 per week
A at £488.24 – B at £161.54=
£326.70
As £326.70 is greater than C at £243.79 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted.
I have supplied enough evidence, and explained the case clearly to show that we satisfy the adequate maintenance and accommodation requirement. Thus the application should be granted immediately.
You should send the above with a copy of all the evidence to the UKBA treasury solicitor and the tribunal service and ask for an immediate reconsideration of your case.
