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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have some questions about meeting the maintenance

Resolved Question:

I have some questions about meeting the maintenance requirement for a spousal visa. Thanks
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, Thanks. Can you provide some further details about your question please?Tom
Customer: replied 1 year ago.
I got married in Pakistan a few months ago and I need to show that I will be able to adequately maintain my spouse once she comes to the UK. I currently receive Carers Allowance and Income Support. I am unable to work at the moment due to full time caring responsibilities. I think I need to show I have about £114 left every month after mortgage/housing costs. I need advice on what different methods I can use to show £114 left every month. My weekly income is:Carers Allowance: 62.10 per week
Income Support: 45.20 per weekMy mortgage is £260 per month and I do not pay any council tax. Thanks
Expert:  Thomas replied 1 year ago.
Hi, Thanks. Do you have any savings or other income at all apart from your allowance/income support?Does your spouse have any savings?Kind regards,
Customer: replied 1 year ago.
I don't have much savings but can borrow some money from friends/family members to put into my bank account. My spouse wont have much savings. There is a benefit called Support for Mortgage Interest available to people on Income Support which I may be eligible for. This can reduce my monthly mortgage payments by about £100. My mortgage may then be reduced to about £170 per month. Would that plus borrowing money from friends/family members help?
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.It’s going to be tight. Basically you have to show that you will be able to support/accommodate yourself. I would certainly see if you are eligible for the mortgage support benefit before and claim before you apply. Borrowing from friends and family would not be acceptable under the financial rules if the money had to be paid back. If your friend/family were instead willing to gift you the money and execute statements confirming that the transfer of monies to you were not loans and that they do not expect to be paid back and that the monies were yours to do with as you please then this would be acceptable. Once you have investigated both the support benefit and family transfers then you should gather documentation on all of it and importantly both of the following piece of documentation:{C}(a) Official documentation from the Department for Work and Pensions confirming the current entitlement and the amount currently received.{C}(b) At least one personal bank statement in the 12-month period prior to the date of application, showing payment of the benefit or allowance to which you are entitled in to your account. You should also prepare a detailed budget of your incomings/outgoings for when your husband is here to submit with your application. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 1 year ago.
Thanks Tom, I have a few follow up questions:1) I currently pay £260 per month for mortgage. Am I right in assuming that immigration officials will see this as £65 per week housing costs.
2) The Support for Mortgage Interest is currently a benefit but the Government is planning to change this in April 2018 when it will become a loan which will need to be repaid. Will this have any effect on my application?
3) Do any savings that are gifted to me have to be divided by 143 weeks e.g £6000/143 equals £41.95 per week?
4) Do any savings in my account have to be there for 6 months?
5) If my mortgage is reduced from £260 to £170 per month do I need to show 6 months worth of £170 per month outgoings or just one letter from my bank showing how much mortgage I pay every month?
Expert:  Thomas replied 1 year ago.
Hi, 1 - Yes, likely they will see it this way.2 - They will probably still see it not as a loan for the purpose of the application.3 - I am not entirely sure because this is a bit of an unusual situation but I would say in your statement that the gifts are for the purpose of using until such time as your spouse can get an income from employment once they are here. 4 - Usually, yes, if you were not exempt but as you are exempt you can try to argue they should be taken account of in meeting the "adequate maintenance" requirement which is what you have to meet and which is different to the normal financial requirement.5 - I would apply after three months of reduced payments witha letter from the bank as well.Please remember to leave feedback.Tom
Customer: replied 1 year ago.
Thanks Tom.What about third party support? Someone told me that a family member can provide an undertaking to provide support until my circumstances change. Is this true?
Expert:  Thomas replied 1 year ago.
Hi, No, this would not be acceptable for this type of application. It can help with a visit visa, but not with this. in order to help they would have to gift you money. Please remember to leave feedback.Tom
Customer: replied 1 year ago.
Hi TomYou have mentioned a Visit Visa. If my wife wants to come to visit me for a few months and then return home, is that allowed and what are the general requirements?
Expert:  Thomas replied 1 year ago.
Hi, I am sorry, this was not your original question. I have answered your original question but you have not left feedback. Please leave feedback to the original answer and then submit a further question about the visit visa to the board and I will assist.Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
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