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Adequate maintenance and accommodation requirement question?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Microlam
Newbie
Posts: 30
Joined: Wed Sep 11, 2013 3:00 pm

Adequate maintenance and accommodation requirement question?

Post by Microlam » Sat Nov 19, 2016 2:25 pm

Dear all
I receive the HO letter about the Ilr application was not meet the requiremnt
Reason is adequate maintenance and accommodation Not enough cover.

My flr m issued Jan 2012
My husband £ annal income is £295 per week, after total expense is £130 per week and he is self employment
On the letter they give us the table expalin us we not enought match the british family would receive after all expensie £199 which is about £60 short.

The letter seems not mention all our saving and my question is my ilr application is under old rules do wee need to follow the adequate maintance and accommodation if yes. can we divide the saving to apply the total income if my husband is selfemployed.

Hope anyone could give me advise!

nasirkhan
- thin ice -
Posts: 229
Joined: Sun Jun 08, 2014 11:11 pm

Re: Adequate maintenance and accommodation requirement quest

Post by nasirkhan » Sun Nov 20, 2016 3:39 pm

He should start working properly !!!

User avatar
Casa
Moderator
Posts: 25774
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Adequate maintenance and accommodation requirement quest

Post by Casa » Sun Nov 20, 2016 4:14 pm

nasirkhan wrote:He should start working properly !!!
Hardly constructive and also unnecessarily judgemental.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

User avatar
Casa
Moderator
Posts: 25774
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Adequate maintenance and accommodation requirement quest

Post by Casa » Sun Nov 20, 2016 4:18 pm

Microlam wrote:Dear all
I receive the HO letter about the Ilr application was not meet the requiremnt
Reason is adequate maintenance and accommodation Not enough cover.

My flr m issued Jan 2012
My husband £ annal income is £295 per week, after total expense is £130 per week and he is self employment
On the letter they give us the table expalin us we not enought match the british family would receive after all expensie £199 which is about £60 short.

The letter seems not mention all our saving and my question is my ilr application is under old rules do wee need to follow the adequate maintance and accommodation if yes. can we divide the saving to apply the total income if my husband is selfemployed.

Hope anyone could give me advise!
As you are under the pre-July 2012 rules, adequate maintenance would apply.

Regarding savings:
11A of Appendix FM-SE apply, where cash savings are relied upon in full or in part to meet an
adequate maintenance requirement under Part 8. The level of cash savings relied upon must
have been held by the person (or by them and their partner jointly) for a period of at least 6
months prior to the date of application and must be under their control.
Cash savings can be held in any form of bank/savings account which allows immediate
access to the funds (with or without a penalty for withdrawing funds without notice). This can
include savings held in a pension savings account which can be immediately withdrawn. For
the current requirements as to the cash savings which may be used and the specified
evidence which must be provided, decision makers should refer to paragraphs 11 and 11A of
Appendix FM-SE. If the total savings figure fluctuates over the period of 6 months prior to the
date of the application, the decision maker should use the lowest figure evidenced for that
period.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Microlam
Newbie
Posts: 30
Joined: Wed Sep 11, 2013 3:00 pm

Re: Adequate maintenance and accommodation requirement quest

Post by Microlam » Sun Nov 20, 2016 4:37 pm

Yes I m under the old rules and meet the requirement of 11a

12B. Where the financial requirement an applicant must meet under Part 8 (excluding an applicant who is a family member of a Relevant Points Based System Migrant) or under Appendix FM relates to adequate maintenance and where cash savings are relied upon to meet the requirement in full or in part, the decision-maker will:
(a) Establish the total cash savings which meet the requirements of paragraphs 11 and 11A;
(b) Divide this figure by the number of weeks of limited leave which would be issued if the application were granted, or by 52 if the application is for indefinite leave to enter or remain;
(c) Add the figure in sub-paragraph 12B(b) to the weekly net income (before the deduction of housing costs) available to meet the requirement.

Old rules is under part 8 and decision maker should count my saving and combined the total income but on the letter they didn't mention. I would like to know can I appeal on this point. It seems their mistake to count together as my final income.

Regards

rehankhan870
Newly Registered
Posts: 11
Joined: Tue Oct 25, 2016 5:07 pm

Re: Adequate maintenance and accommodation requirement quest

Post by rehankhan870 » Sun Nov 27, 2016 8:16 am

Microlam wrote:Dear all
I receive the HO letter about the Ilr application was not meet the requiremnt
Reason is adequate maintenance and accommodation Not enough cover.

My flr m issued Jan 2012
My husband £ annal income is £295 per week, after total expense is £130 per week and he is self employment
On the letter they give us the table expalin us we not enought match the british family would receive after all expensie £199 which is about £60 short.

The letter seems not mention all our saving and my question is my ilr application is under old rules do wee need to follow the adequate maintance and accommodation if yes. can we divide the saving to apply the total income if my husband is selfemployed.

Hope anyone could give me advise!
Check Appendix FM Section 1.7A for adequate maintenance & accommodation

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