Can third party support be used to meet Adequate Maintenance?

[Jhelumi]

Hi,

I am hoping someone could help, guide and clarify the rules for me please as I am helping someone who wishes to being their wife over to the UK from Pakistan.

Sponsor:
1) British born citizen.
2) Receives £76.75 per week for his Carer's Allowance.
3) Started receiving the Carer's Allowance in March 2023.
4) Unemployed as he's caring for 35 hours a week.
5) No savings.
6) Lives with parent (parent owns property).
7) No mortgage or rent on the property
8 ) Council Tax on property applicable.
9) No overcrowding at property.

Reading the rules in the following document:
Family Migration:
Appendix FM Section 1.7A - Adequate
maintenance and accommodation
Version 10.0

At the bottom of page 7 of 31 it mentions the following:

Adequate maintenance is not a requirement of applications under the 10-year
partner, parent and private life routes to settlement under paragraphs R-
LTRP.1.1.(a), (b) and (d) and R-LTRPT.1.1.(a), (b), and (d) of Appendix FM and paragraph 276 ADE(1) GEN.3.2. or outside the Rules on the basis of exceptional circumstances.

Considering the above my questions are:
1) Can he apply to bring his wife over whilst in receipt of Carer's allowance only with no savings?
2) How soon can he apply (ie. does the Carer's Allowance need to be paid for at least 6 months first)?

Thanks

[JB007]

He will have to meet the adequate mainentance requirements to sponsor his wife to the UK.

https://www.gov.uk/government/publicati ... ommodation

[JB007]

4) Unemployed as he's caring for 35 hours a week.

He doesn't have to be unemployed as that's only 35 hours a week caring. He can work, as long as his "earnings are £139 or less a week after tax, National Insurance and expenses."
https://www.gov.uk/carers-allowance/eligibility

[Jhelumi]

Thank you for your responses.

So, is the 10-year-route no longer an option which is mentioned in the document (bottom of page 7)?

What is the difference between the document I posted (above) titled as follows:

Family Migration:
Appendix FM Section 1.7A - Adequate maintenance and accommodation
Version 10.0

And, the document @JB007 posted titled as follows:

Part 8 - Family Migration: Adequate maintenance and accommodation
Version 5.0

[Jhelumi]

Hi,

Please can I ask for some help and clarity on this subject whether third party support can or cannot be used.

There are two documents saying two different things and I am unsure which is correct.

Family Migration:
Appendix FM Section 1.7A - Adequate maintenance and accommodation
Version 10.0
Published 7 December 2021
Page 15 of 31
Link

This document says third party support cannot be used unless gifted to the sponsorer and held in sponsorer's account for at least 6 months.


Part 8 - Family Migration: Adequate maintenance and accommodation
Version 5.0
Published 8 December 2021
Page 14 of 25
Link

This document says that the third party support can be used as long as the family members can give written undertakings of the support and provide 3 months of their bank statements.


The sponsorer currently receives Carer's Allowance only, not employed and doesn't have any savings. His wife is in Pakistan. He family can support him to meet the adequate maintenance where savings are needed to (A) minus (B) is equal to or greater than (C).

This is how I've worked out what amount of third party support is required (without taking into account any additional benefits that maybe available to the sponsorer such as Universal Credit and Council Tax reduction).:

(A) Carer's Allowance: £76.75
(B) Council Tax: £1,567.76 (£30.15 per week)
(C) Income Support Rate (couple): £133.30

(A) £76.75 minus (B) £30.15 = £46.60
(C) £133.30 - £46.60 = £86.70 (per week)

£86.70 x 143 weeks (Leave to Enter) = £ 12,389.10 (third party support required)

Have I calculated the above correctly?

The important thing here is whether third party support is allowed in the first place or not as that's what makes the huge difference in deciding whether to apply for the visa now or wait 6 months.

Any help on this would be most welcome.

Thank you

[vinny]

Unfortunately, the transitional provisions do not apply.

Hence,

Part 8 - Family Migration: Adequate maintenance and accommodation
Version 5.0
Published 8 December 2021
Page 14 of 25
Link

This guidance does not apply to the requirements for ‘adequate’ maintenance and accommodation under Appendix FM of the Immigration Rules. For guidance on those requirements in Appendix FM, please refer to FM1.7A - Maintenance Guidance.

Applicable rules: 1.

(b) Promises of third party support will not be accepted, except in the limited circumstances set out in paragraph 21A (and to the extent permitted by that paragraph). Existing sources of third party support will be accepted in the form of:

• (i) payments from a former partner of the applicant for the maintenance of the applicant or any children of the applicant and the former partner, and payments from a former partner of the applicant’s partner for the maintenance of that partner;
• (ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM;
• (iii) gift of cash savings (whose source must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and
• (iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research.

[Jhelumi]

Unfortunately, the transitional provisions do not apply.

Hence,

Part 8 - Family Migration: Adequate maintenance and accommodation
Version 5.0
Published 8 December 2021
Page 14 of 25
Link

This guidance does not apply to the requirements for ‘adequate’ maintenance and accommodation under Appendix FM of the Immigration Rules. For guidance on those requirements in Appendix FM, please refer to FM1.7A - Maintenance Guidance.

Applicable rules: 1.

(b) Promises of third party support will not be accepted, except in the limited circumstances set out in paragraph 21A (and to the extent permitted by that paragraph). Existing sources of third party support will be accepted in the form of:

• (i) payments from a former partner of the applicant for the maintenance of the applicant or any children of the applicant and the former partner, and payments from a former partner of the applicant’s partner for the maintenance of that partner;
• (ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM;
• (iii) gift of cash savings (whose source must be declared) evidenced at paragraph 1(a)(iii), provided that the cash savings have been held by the person or persons at paragraph 1(a)(iii) for at least 6 months prior to the date of application and are under their control; and
• (iv) a maintenance grant or stipend associated with undergraduate study or postgraduate study or research.

Hi Vinny,

Thank you for your response. I am somewhat confused. When does the following become applicable?

If the applicant is unable to produce sufficient evidence to meet the adequate
maintenance requirement, they may provide a written undertaking from members of
their family that those members will support the applicant until they are able to
support themselves from their own resources.

The caseworker will need to assess and verify an offer of third-party support in order
to determine whether the applicant satisfies the requirement that they can be
adequately maintained in the UK without recourse to public funds. The caseworker
may request recent evidence of the third party’s assets (for example, original bank
statements or a reasonable equivalent over a period of at least 3 months). It is open
to the caseworker to ask a third party offering long-term support to become a joint
sponsor and to give an undertaking (under paragraph 35 of Part 1 of the Immigration
Rules) to underwrite this commitment.

The above is from page 14 of the following document:

Part 8 - Family Migration: Adequate maintenance and accommodation
Version 5.0
Published 8 December 2021
Page 14 of 25
Link