You should appeal the decision and ask for an immediate reconsideration with the following:
As per
Annex FM section FM 1.7 at 3.6.1, as the ‘sponsor’ is in receipt of Carer’s Allowance this application is exempt from the Financial Requirement instead, I am required to be adequately maintained and accommodated. I believe the recent decision dated [state date] was erroneous as I satisfy that requirement, and I will now set out how:
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 which you have sight of. 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.
Therefore,
A, income is:
Carer’s Allowance = £59.75
Income Support = £45.25
Child Tax Credits = £63.14
Child Benefit = £20.30
Earnings = £20.00
Total income = £208.44 per week
B, accommodation costs:
Rent = £NIL
Total accommodation costs = £NIL per week
C, income support applicable amount:
An amount for a couple = £112.55 per week, amount for each child = £65.62 and family element = £17.40
The total income support applicable amount for my family unit including me, my partner and one child (112.55 + 1 x 65.62 + £17.40) = £195.57 per week
A at £208.44 – B at £NIL =
£208.44
As £208.44 is greater than C at £195.57 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 immediately.
Furthermore, all the benefits I receive
will be paid at the same rate when my partner joins me, even though some applications will be changed to joint applications. There will be no additional recourse to public funds when my partner joins me. This was key in the case of Yarce which held that:
“It seems to us that, since these issues involve mixed fact and law, an appellant in an immigration appeal must be able to demonstrate to the judicial fact-finder, either that the actual financial position on arrival will be such as to make it unnecessary to rely upon benefits in order to provide a standard of living equivalent to that available on means tested benefits, or that the relevant law bears on the circumstances of the family, in such a way that there
will be no additional recourse to public funds in doing so.”
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.
Also get a letter from your parents to state that you, your partner and child can live rent free in the house and that you and your partner have an exclusive room and the child has an exclusive room. Include the Land Registry Certificate (available online) to show your parents own the property.
