What is meant by "adequate maintenance"?

[Aranyrammie]

Hello readers, I didn't want to link or hijack another thread so I started this one, apologies if you've seen it all before. I am looking into moving my wife and her two children to the U.K. to be with myself and our disabled son. When looking into the requirements I keep seeing the term "adequate maintenance" and although I understand the meaning of it, i'm still confused. To quote..." 3.6.2. If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through “adequate maintenance”."

Do they mean that I still have to prove I can afford to look after them all? Or am I exempt because I receive DLA etc for my disabled son?

Also, I am still not sure of my best route, citizens advice were of no use to me with this one. My wife is currently here on a 6 month visitors visa, do I apply to change her visa while she is here or wait until she returns to Thailand?

I am not very good at reading all the guidance notes on my laptop, gives me a headache, can anyone point me in the right direction. Thankyou TV.

[theoldgit]

As I understand it, whilst being in receipt of various benefits means that you don't need to demonstrate a specific figure to sponsor an settlement visa application, you do need to demonstrate that you are able to adequately support the applicant, so yes I believe that's exactly what it means.

Most people would argue that demonstrating affordability if the best and most meaningful option.

Your wife will need to make the application from Thailand.

[MaprangHolmes]

If you take that the income support level for a couple in the UK is £113.70 per week I would guess that you would need at least this amount but that figure is not including the cost of supporting your wife's children.

If you take your income and say they where British children you can get up to £2,750 per year for each child plus child benefit of £136.20 per month.

So yearly that would be a total income yearly income of £13,044

If you take them figures it gives you a amount of £1087 given that is the amount a British couple with 2 kids would get, I am assuming that would be the amount that would be considered as adequately supporting your family which given the income that is normally required to sponsor your wife with a settlement application this figure is considerable less.

Hope it give you some sort of help

[7by7]

Indeed; from MAA4 Maintenance: general requirements

There is no explicit minimum figure for what represents adequate maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.

Generally, this is the income you should have left after paying your housing costs; i.e. rent or mortgage.

[Aranyrammie]

Thankyou for the replies everyone, most helpful. I believe I would have enough money to keep them but I guess when it comes to the application itself and showing proof, they will still need to see all of my income. The annoying part of my situation is that when everyone is settled in the uk I can go back to being a self employed joiner or finding a job on the books somewhere local, then money wouldn't be an issue, catch 22 I think.

I guess I have some more research to do yet before I decide which route to take, any advice on that would be most welcome.

Thanks again and have a good Easter.

John.