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ukvisasolutions
ukvisasolutions, Solicitor
Category: Law
Satisfied Customers: 27
Experience:  Immigration Solicitor
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My husband is under pre july rules 2012 he came to the uk in

Customer Question

My husband is under pre july rules 2012 he came to the uk in Aprik 2012 we applied for visa june 2011 went through apeal stage.. i had done flr m extention in 2014 as hubby did not pass life in uk now that he has passed i will be applying same day in 1st week september 2016 for indefinate.. my question is what is the adequate maintenance we need to meet we have 2 children aged 2 and 1
We are recieving child tax and working tax 608 a month and i have savings of £6,000 for 6 months
I am on maternity leave will be going back to work on 21st july 2016 hubby has just got a job last week which he earns £195 a week after national insurance he does not pay tax as he will be earning less then £10,500 annually
Can we add our benefits to adequate maintanance calculations??
All this is without my wages.. i will get around £250 for july month and around £1200 for agust and then as i start part time in september i will get around £750 a month
I have no pay slips as i was not getting paid from febuary
How do i calculate adequate maintenance under pre july 2012 rules
Submitted: 5 months ago.
Category: Law
Customer: replied 5 months ago.
Sorry i did not mention he came here and still us here on spouse visa
Customer: replied 5 months ago.
Council tax and mortgage equals total 460
Customer: replied 5 months ago.
Child benefit 135 can i also add this to maintenance
Expert:  ukvisasolutions replied 5 months ago.

Thank you for your query.

As your partner is under the transitional provision, to apply for ILR one of the requirements you need to meet is adequate maintenance.

I will provide you with guidance form which tells you how to assess adequate maintenance. The guidance can be found here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf

I refer you to the following section of the guidance:

3. Assessing adequate maintenance

3.1. How to assess adequate maintenance

The Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013]

UKUT 84 [IAC] directed the Home Office to evidence financial figures in all decision letters in

which refusal was based on inadequate maintenance.

Therefore, decision makers considering an application for entry clearance, leave to remain,

further leave to remain or indefinite leave to remain which has to meet a requirement for

adequate maintenance must set out the 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 net income (after deduction of income tax and National Insurance contributions);

B is housing costs (i.e. what needs to be spent on accommodation); and

C is the amount of Income Support an equivalent British family of that size can receive.

The decision maker must take the following steps to assess the adequacy of the funds

available:

a) Establish the sponsor’s and/or applicant’s (if they are in the UK with permission to work)

current total weekly net income (A).

 If the net income varies, calculate a weekly mean average.

 Include all net income currently received, including benefits currently received to which

the person is entitled, and including third party support.

 An entry clearance applicant may say they will be entitled to claim public funds in their

own right in the UK, e.g. under reciprocal arrangements between the UK and their home

country, and ask for this to be included in their net income. However, any potential

future entitlement to benefits after the applicant arrives in the UK does not count

towards net income when assessing adequate maintenance.

 Where there are permitted cash savings, include a weekly equivalent figure (see 3.2).

b) Establish the sponsor’s current weekly housing costs from the evidence provided (B).

c) Deduct the weekly housing costs from the weekly net income (A).

d) Calculate how much a British family unit (of equivalent size to the sponsor and their family

unit) would receive if they were in receipt of Income Support (C).

 For details of current benefit rates see the document at the following link: http://www.rightsnet.org.uk/pdfs/rightsnet_benefit_rates_poster_2015_16.pdf · Decision makers must always use the correct rates which apply at the date of their decision. Case studies in this guidance show the method for setting out a calculation and do not necessarily represent current rates. e) Compare the weekly net income after deduction of weekly housing costs with the equivalent level of Income Support using the following formula: A – B ≥ C A minus B is greater than or equal to C Personal debt, including loans and credit card debt, should not be taken into account in this assessment. Only the weekly housing costs are deducted from the weekly net income. Where the weekly equivalent of income or housing costs is calculated to part of a penny, decision makers should always round this figure down.

So you need to follow the A – B ≥ C formula to assess as to whether you satisfy adequate and maintenance.

Please kindly rate my answer.

Customer: replied 5 months ago.
I did not understand anything can you plz tell me if i can add child tax and working tax into my maintenance calculations? And also can you tell me how much adequate maintenance should i have left weekly after deducting mortgage and council tax for a family of 4? Will there be a problem that we dont have payslips of 3 months? My husband will only have 2 and 1/2 month pay slip and i only 1
Expert:  ukvisasolutions replied 5 months ago.

I am afraid I am unable to give specific answer as Just Answer and my professional licence does not allow this.

I suggest that you look at the examples given at

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/452964/IDI_Adequate_Maintenance_and_Accommodation_Part_8_Annex_F.pdf

Please have a look at pages 10, 11 and 12 which tells you what can be counted and what cannot be counted.

Please kindly rate my answers.

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