Adequate Maintenance - UK Spouse visa

[globalThailand]

Jumping in with another question, this time on what evidence is needed to show adequate maintenance.   I've been so focused on getting evidence to support the accommodation part of the equation that I haven't given the maintenance part much thought.

 

I meet the financial requirement but looking again at the guidance notes and the voodoo maths they use, I realise that's not enough. 

 

We'll be living for a short time with my mum, so I don't have any official rental agreement.  She is disabled and receives housing / council tax benefits.  I'm aware the benefits will be reduced as I'm a non-dependent and will obviously pay my mum the shortfall. 

 

I found some info here Appendix-FM-SE (12A)

 

Quote

(f) The monthly housing and Council Tax costs for the accommodation in the UK in which the applicant (and any other family members who are or will be part of the same household) lives or will live if the application is granted.

 

So, evidence of rent and council tax... anything else? Does mum need to explicitly say in a sponsor letter that we have an agreement that I will pay?

[theoldgit]

Are you in one of the categories that "adequate maintenance" rules applies to, I thought your wife was applying for a regular settlement visa?

[globalThailand]

Yeah, its the settlement for spouse - the initial step... Unless I have misunderstood something the ECO has to consider if the applicant will have adequate maintenance and accommodation  without recourse to public funds.

[globalThailand]

Ooooh....

 

Quote

Adequate maintenance must be met by the following categories in Part 8 of the Immigration Rules where an applicant may rely on transitional provisions:

 

Spouses and civil partners:

Paragraph 284 – Limited Leave to Remain

 

Paragraph 284

 

So this is not necessary for the initial visa, but for the 2nd visa in a couple of years?

 

 

[7by7]

The financial requirement has to be met at all three stages:

• initial visa,
• FLR after 30 months in the UK,
• ILR after a further 30 months.

Note that you can use different methods to meet it at each stage; e.g. savings for the initial visa, income for FLR and ILR.

 

One way of meeting it is via 'adequate maintenance,' but to do so you have to qualify.

Quote

3.6. Meeting the financial requirement through “adequate maintenance” 
 
3.6.1. Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:   
 
 Carer’s Allowance.  Disability Living Allowance.   Severe Disablement Allowance.   Industrial Injuries Disablement Benefit.   Attendance Allowance.  Personal Independence Payment.   Armed Forces Independence Payment or Guaranteed Income Payment under the   Armed Forces Compensation Scheme.  Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme. 

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”. 

3.6.3. The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE (Paras 12. 12A and 12B)

(7by7 emphasis)

 

But note that you, the applicant's partner must be receipt of one of the listed benefits to be able to rely on adequate maintenance and that housing benefit is not on the list..

 

Are you in receipt of any of the listed benefits?

 

If not then you do not qualify to meet the financial requirement through adequate maintenance.

 

1 hour ago, globalThailand said:

Unless I have misunderstood something the ECO has to consider if the applicant will have adequate maintenance and accommodation  without recourse to public funds.

 

Only if meeting the requirement through adequate maintenance.

 

If meeting the financial requirement through income or savings than the assumption is that you can adequately support and accommodate yourselves without recourse to public funds. This is because the minimum income or savings required is the level above which British residents cannot claim any income related benefits, such as housing benefit.

 

2 hours ago, globalThailand said:

I meet the financial requirement but looking again at the guidance notes and the voodoo maths they use, I realise that's not enough. 

 

You either meet it or you don't; how can it not be enough if you meet it?

Edited December 18, 2016 by 7by7

[globalThailand]

Many thanks for the clarification 7by7.

 

It seems like I was over thinking things and chasing my own tail!  My understanding was I had to show what my outgoings would be (housing / council tax) despite already meeting the £18600 financial requirement.  An extreme example would be that I return home to rent a luxurious mansion that I clearly couldn't afford.

 

Looking into it further, and thanks to 7by7, that's not the case.  My mum has already sent through her letter and council tax info (which, while not relevant, it at least shows proof of address)

 

...I'm off to look for some luxurious mansion to rent! :)

 

 

[7by7]

6 hours ago, globalThailand said:

My understanding was I had to show what my outgoings would be (housing / council tax) despite already meeting the £18600 financial requirement.  An extreme example would be that I return home to rent a luxurious mansion that I clearly couldn't afford

 

That is the main absurdity of this financial requirement.

 

Before it was introduced (July 2012) sponsor's and applicants did have to show that after meeting all their regular outgoings such as rent/mortgage, loans etc. they still had enough to live on without recourse to public funds.

 

Now, as long as the minimum income or savings requirement is met that is it.

 

So a sponsor who has an income of £18600 p.a. with a mortgage of £5000p.a and loan repayments of £3000p.a. meets the requirement.

 

Whilst a sponsor with an income of £18599p.a, mortgage paid off and no loans doesn't!

[globalThailand]

Ouch... not sure I'd like to be in either position. 

 

This whole process really has opened my eyes to a lot of absurdities.  A Spanish friend of mine went back home with his Thai wife for 3 months, got a job in London, paid £65 for a 5 year residency card for his Mrs.  At the current prices I'll need to pay around 3 grand over the next 5 years for the same privilege (2 visas and 5 years health surcharge) and jump a considerable number of other hoops...

[rasg]

7 hours ago, globalThailand said:

Ouch... not sure I'd like to be in either position. 

 

This whole process really has opened my eyes to a lot of absurdities.  A Spanish friend of mine went back home with his Thai wife for 3 months, got a job in London, paid £65 for a 5 year residency card for his Mrs.  At the current prices I'll need to pay around 3 grand over the next 5 years for the same privilege (2 visas and 5 years health surcharge) and jump a considerable number of other hoops...

 

That;s the stupidity of the system but I’d be interested to know how long ago your Spanish friend did that and the kind of visa they received.

[globalThailand]

This would be a couple of years ago, three at the most.  I asked him what type of visa it was very recently and he just said it was the 5 year residency card.  Is the residency card in addition to any other visa (ie, a page in your passport?)  Or is that just it?  He's been back in Thailand about 5 months and is planning to head back to the UK very soon.

 

 

[rasg]

Looks like it might have been the Sirinder Singh route into the EU but I don't know much about it. Essentially the EU national can move to any EU country to live and work for between 3 and 12 months and, (I believe) get a residency permit. Their spouse is entitled to join them.

 

https://www.gov.uk/family-permit/surinder-singh

[7by7]

17 hours ago, globalThailand said:

Ouch... not sure I'd like to be in either position. 

 

This whole process really has opened my eyes to a lot of absurdities.  A Spanish friend of mine went back home with his Thai wife for 3 months, got a job in London, paid £65 for a 5 year residency card for his Mrs.  At the current prices I'll need to pay around 3 grand over the next 5 years for the same privilege (2 visas and 5 years health surcharge) and jump a considerable number of other hoops...

 

37 minutes ago, rasg said:

Looks like it might have been the Sirinder Singh route into the EU but I don't know much about it. Essentially the EU national can move to any EU country to live and work for between 3 and 12 months and, (I believe) get a residency permit. Their spouse is entitled to join them.

 

https://www.gov.uk/family-permit/surinder-singh

 

Not Surinder Singh, rasg, as the EEA national concerned was Spanish and they were moving to the UK. Surinder Singh is only applicable if an EEA national has been living with their non EEA national family in an EEA state other than their own and are now returning home.

 

globalThailand, it seems from what you say that your friend was using the EEA freedom of movement regulations to move to the UK and obtain an EEA family permit for his wife. In which case I can't understand why his wife had to pay £65 for a UK resident permit as it should have been free.

 

These regulations only apply if the family are moving to an EEA state other than that of which the EEA national is a citizen. So you and your wife cannot use them to move to the UK from Thailand, and had your Spanish friend's wife wanted to move to Spain with him then she would have had to apply using the Spanish immigration rules and pay whatever fees are due under those rules.

 

Unless Surinder Singh applies, which it would do if they decided to move back to Spain after living in the UK.

[rasg]

Thanks for the info on that.

[globalThailand]

16 hours ago, rasg said:

Thanks for the info on that.

ditto

 

And it seems I was mistaken about the card, he just clarified the visa was free but he paid some small amount (he didn't' remember how much) for a card - which I assume is the biometric ID card.