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, however, as the Disability Living Allowance is for my children’s care and mobility needs therefore, I have not included this in the calculation. 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:
Income support = £45.25
Child benefit = £33.70
Carer’s Allowance = £58.45
Child Tax Credits = £144.50
Child maintenance = £69.00
Council tax benefit = £11.60
Housing benefit = £89.00
Total income = £451.50 per week
B, accommodation costs:
Rent = £89.00
Council tax = £11.60
Total accommodation costs = £100.60 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 £451.50 – B at £100.60 =
£350.90
As £350.90 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.
Furthermore, I have savings of £4000 which would be an additional tariff income of:
£4000 divided by visa duration of 130 weeks (2.5 years) =
£30.77 per week
Moreover, as per the
UKBA public funds guidance (click) at page 22 (include copy) a person from Morocco is entitled to claim Carer’s Allowance even though it is a public fund. Therefore, as my child receives middle rate care DLA and my partner will be helping to care he will be entitled to Carer’s Allowance which is an additional
£58.45 per week. This further income supports the application for leave to enter as a spouse/partner and therefore, it should not be necessary for my partner to have a job offer (even though one has been given).
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 (the carer’s allowance that he may claim is
not classed as a public fund as he is a Moroccan national as per the above guidance). 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.
You should send the above with a copy of all the evidence to the UKBA treasury solicitor, the tribunal service and the ECO and ask for an immediate reconsideration of your case.
