Financial Requirement with student maintenance grant

[Shemimimummy]

Hi everyone

I'm super new to this site and hope someone would be kind enough to clarify this question for me.

I'm a midwifery student in receipt of an NHS bursary of £16,375. I'm applying for my husbands entry clearance to the UK, and have been working for 3 months to meet the shortfall.

However I recently stumbled across the table under 'Maintenance grant or stipend-further guidance' which states that the tax-free equivalent income is £15,800.

Does this mean that if my bursary is not taxed, this is the amount they require me to meet (£15,800)?

I would be so grateful if someone had an idea...

[Amber]

You would appear correct, yes.

[Shemimimummy]

Thank you I just need to be certain bcz I have seen a plethora of legal advisors and this has not been highlighted to me yet. They advised me that I did not meet requirement and to find a job which I have done. I could have applied ages ago!

Do you know of any cases of sponsors who are full time students?

[Amber]

If you meet the requirement as per Annex FM 1.7, including any specified evidence, then you shouldn't have a problem. Cat C is perhaps the least used.

[Shemimimummy]

Thank you so much!

The only thing I'm concerned about now is that I am in receipt of a proportion of housing benefit, I make up the short fall toward my rent. Before April they stipulated that you must not be in receipt of housing benefit. Do you know if this still applies and will affect the application?

[Amber]

Where was this stipulated?

[Shemimimummy]

I found it in the old guidelines when there was no financial requirement. I've been told my my legal advisor that bring in receipt of housing benefit is not a problem as it will not be counted toward the financial req. anyway but I feel the need to now certify e writhing I've been instructed since technically I could have filed for my spouse since last year had I been correctly advised.

[Amber]

Well, the financial requirement came in on July 2012 so not sure what you read. Under the old rules being in receipt of HB was also not a bar.

[Shemimimummy]

Ok that's fine then.

Something else has come to light that i wondered if you could advise with, my husband was previously in the UK as a student from 2002-2005, this is how we met. However during his time here he was convicted for driving without a license. This came to light when he was refused a visiting visa in 2009. The fine is no longer active, but do you think this would still be a problem now nearly 10 years on? And if so, what would be the best way to address it?

[Amber]

Hi there,

If you're a sponsor for an applicant, and in receipt of a small percentage of housing benefit is this grounds for refusal. Before April 2013 it states that sponsors must not be in receipt but there seems to be no guideline on it from after that date?

Any clarification on this please..

Sponsor for what type of applicant?

An applicant applying for entry clearance to the uk on a spouse visa

Sponsor needs to be earning £ 18600 per year (before tax). That is all that is required.

Ok thanks. It's just that I'm opting for category c as I'm a full time student in receipt of a grant. I just wanted to confirm