FLR(M) Exempt from Financial Requirement

[HamishMacbeth]

Hello

I would be grateful for any help offered.

My partner is Egyptian and I am a British citizen. He came here on a student visa which runs out at the end of January this year. We are getting married before it runs out.
I currently claim benefits because I am a lone parent, I am also a carer for my disabled son. I receive income support,child tax credits, housing benefit, child benefit, D.L.A, carers allowance and council tax benefit as single occupancy (he hasn't moved in yet). My question is when I announce to the council that my partner has moved in I will no longer be entitled to the single occupancy discount and so will my claim for council tax benefit be recalculated, and will it affect my partner as he would then be receiving public funds? Can I pay the extra council tax and still receive some help towards it as before?
From reading the many posts on here about benefits I have the impression that I can sponsor him based on my benefits because apart from a change in the council tax the benefits will remain as they were before he came here, am I correct? Will the housing benefit be affected?

Apologies if these questions have already been answered, I couldn't find anything that fitted my situation. He is already here and no benefits will be claimed in his name or because he is here other than the changes I have mentioned. The children are mine not his.

Really appreciate the help!

[John]

So the plan is to get married this month, and then a spouse visa would be applied for prior to his existing visa expiring. Yes?

Before answering your benefit question, what income does he currently have? Also what income is he likely to have after a spouse visa is granted?

[HamishMacbeth]

Hello John
Thank you for your reply. He currently lives on savings from Egypt and when he marries me I will be financially supporting him. Yes we intend to apply for a spouse visa after we marry. We are getting married on the 29th of this month and applying immediately do you foresee any problems with getting the visa?

I must add he will be working as soon as he is allowed as he has already had a job offer at the university where he did his masters degree.

[John]

I do not think that the benefits will be problem. But as well as notifying the Council Tax office that he has moved in, you also need notify the Tax Credits offer, and the Tax Credits claim must be put into joint names. To keep that claim in your sole name would amount to benefit fraud.

Expect some disruption to the Tax Credits payments while they deal with the joint claim, although the situation will correct itself after the claim is dealt with.

Of course appreciate that him starting to earn will have a radical impact upon some of the benefit claims.

The visa application? It is impossible to gauge whether that will be successful without knowing lots of figures, and this Claiming Benefits section of this board is not the place to discuss that.

[Amber]

I have moved this topic.

Please state a full break down on your income, including all benefits, number of children and rent and council tax costs (before benefit).

[HamishMacbeth]

I receive £676 in child tax credits every 4 weeks
£134 a month child benefit
£180 every four weeks income support
£400 a month dla
£239 a month carers allowance
My rent is £550 a month and council tax is £1147 a year
I receive 525 in housing benefit and all of my council tax is paid on my behalf.
I have 2 children 6 and 9

[Amber]

Check the figures:

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.

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, I have not included my child’s DLA. 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:

Carer’s Allowance = £59.75
Income Support = £45.00
Child Tax Credits = £169.00
Child Benefit = £33.50
Housing Benefit = £121.15
Council Tax Benefit = £22.06
Total income = £450.46 per week

B, accommodation costs:

Rent = £126.92
Council Tax = £22.06

Total accommodation costs = £148.98 per week

C, income support applicable amount:

An amount for a couple = £112.55 per week, amount for each child £65.62 and the family premium £17.40.
The total income support applicable amount for my family unit including my partner (112.55 + 2 x 65.62 + 17.40) =£261.19 per week

A at £450.46 – B at £148.98 = £301.48

As £301.48 is greater than C at £261.19 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.

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.

[HamishMacbeth]

Thank you so much! That's brilliant!

[HamishMacbeth]

Can I also ask is it likely to have a detrimental effect on my partners application for a spouse visa that he is applying a day or so before his visa expires? Is he likely to be told to leave until they have decided his case?

[Amber]

No, his current leave will remain valid (until a decision is made), so long as he applied before his current leave expires.

[John]

Can I also ask is it likely to have a detrimental effect on my partners application for a spouse visa that he is applying a day or so before his visa expires?

No effect whatsoever.

Is he likely to be told to leave until they have decided his case?

No, he will have so-called Section 3C Protection. That is, as long as the application for a new visa is submitted prior to the expiry of the old visa, the old visa is "treated as continuing" until the new application is decided. Should the application be declined then such protection is extended further, as long as the rejection is appealed against.

Accordingly his current Tier 4 visa will be "treated as continuing" even though the stated expiry date has passed. That is, he will not become an overstayer, so no danger of being asked to leave the country, while the Section 3C Protection is in force.

[HamishMacbeth]

Thank you so much!

[HamishMacbeth]

Does it make a difference to the application for a spouse visa how long we have known each other? And can my partner work whilst he is waiting for the application to be processed? His last visa allowed him to work 20 hours a week and study. I understand this will affect my benefits.

[John]

Does it make a difference to the application for a spouse visa how long we have known each other?

How long have the two of you known each other?

And can my partner work whilst he is waiting for the application to be processed? His last visa allowed him to work 20 hours a week and study. I understand this will affect my benefits.

Do appreciate what Section 3C is saying. That is, the existing visa is "treated as continuing"! So if that visa allows him to work for up to 20 hours per week, and to study, then indeed he can continue to do those things.

[Amber]

You were saying spouse visa, I assumed you were married? If not:

if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application

[HamishMacbeth]

We will be married when we apply for the spouse visa, we intend to do it the same day we are married. We have known each other for a few months.

[Amber]

Then if married show:

your relationship is genuine and subsisting we would expect you to be able to show evidence that you:

are in a current, long-term relationship;
are living together with your partner;
share responsibility with your partner for any children;
share financial responsibilities with your partner, such as a joint mortgage or tenancy agreement, a joint bank account or joint savings, and utility bills in both your names;
and your partner have visited one another's home country and family; and
you have made plans about living together in the UK with your partner.

See also:

Subsisting marriage

[HamishMacbeth]

Thank you.

Can you tell me please, on my partners visa it states he is allowed to work 20 hours a week during his study, is he allowed to work full time when he is not studying? He came to do his masters and has finished.

[MPH80]

I think the FAQ on this page answer that ... http://www.ukba.homeoffice.gov.uk/visas ... onditions/

[HamishMacbeth]

Thank you very much

[aseil]

Amber what you just did ur calculation is really great i really hope you can do me the same thing

[Mo.No]

Hi,
Thanks for this useful post. I am also in the same situation about changing from Tier4 visa to Spouse visa. I am currently in final year of my PhD and am living with my partner who is a British citizen. Regarding the financial requirements, she is not working at the moment, although she is in receipt of Disability Living Allowance so she needs to meet adequate maintenance.I need advice about how does this "Adequate Maintenance" work and how can we secure it for visa application.
I just want to know how my current income is considered towards adequate maintenance. I am currently receiving a stipend of 14,000 a year (1170 p.m) in the form of a studentship from university which will finish by the end of September 2016. I know that my studentship does count if I continue receiving it for at least 12 months after the time of application, but unfortunately it will stop by September 2016. I am wondering would it still be considered (for almost ten months that is left) so we then cover the rest by showing the evidence of saving? Any advice would be greatly appreciated.

P.S. Our current weekly income is £269 (my studentship) + 245 (HB for her and her daughter) + 43 (DLA) and our rent & CT is 345 a week.