Adequate maintenance:- benefits rates from April 2012

[Stanleychan87]

Dear Amber,

Sorry I am a bit confused. Are you saying I don't need to put ESA in the public funds section calculation? Is it not in any of these categories: Attendance Allowance, Careers Allowance, Child Benefit, Child Tax Credit, DLA, Social fund payment, State pension credit, Council tax, council tax reduction, housing benefit, housing or homelessness assistance, income-based jobseekers allowance, income support, severe disablement allowance, working tax credit, invome related employment and support allowance, personal Independence Payment , and Universal Credit?

Do you mean I need to write a cover letter as below?

A - B >=C

A:
DLA= 480
ESA= 550
My salary = 1400

B:
Housing = 391
Council Tax Reduction = 98

C: 492.7

My fiancée doesn't pay any council tax so will it be still be A - B? Is it 480+550+1400-391-98 > 492.7 or 480+550+1400+391+98 > 492.7 ?

Also you haven't answer my question "What should I put in " Do you or your sponsor, or both pay any rent or mortgage for your home? Should I put 391?

I would like to thank for all your help

Stanley

[Stanleychan87]

Anyone?

[Amber]

Yes, you'd have to put liable rent down.

[Sha123]

I m really appreciate your comments !!

I am hoping to apply ILR 10 year visa on first week of September including my dependents!

Seems to be I am in a trouble due to there is no enough household income to show my dependents to apply FLR (M) ! Because I am in Tire 4 student at University and doing 20 hours contract and my wife stopped work since last January. (We have 1 and half year baby as well, that's why she stopped work)

In this situation, Do I have any option to extend her visa for temporary till I grant my ILR and also then I can ready that amount stated by UKBA (18,000+)for 12 months period to apply FLR (M).

Because our both of us visa s will expire on same time while I am reaching to 10 years.

hope you could understand my situation and please give me some suggestions for me.

Many thanks

[Amber]

Do you have children?

[Sha123]

Do you have children?

Hi Amber;

yep, I have one year and half baby.

thanks

[Sha123]

Do you have children?

hi Amber;

Just a baby born here; One year and half, he was granted pbs dependent in last visa extension.

thanks

[Amber]

Your child should be registered as British as soon as you're granted ILR. That would engage the family life provisions.

[Sha123]

Your child should be registered as British as soon as you're granted ILR. That would engage the family life provisions.

Thanks Amber;

Then how can I extend my Wife and baby s visa till I grant ILR 10 year visa. Because all of us visa going to expire in same time. Please help me to find a solution for that.

Any visa catagary for them to extend apart from FLR (M) ? I don't want to send them back till I get my ILR 10 visa.

Hope you could understand my situation. Many Thanks

[Amber]

You are high jacking this thread with off topic questions!

You'd apply for their extensions asking for a decision after your ILR is granted.

[Sha123]

You are high jacking this thread with off topic questions!

You'd apply for their extensions asking for a decision after your ILR is granted.

I'm sorry Amber, I'm lost that's why might be in wrong thread! also seeking advices asp. Please this might be last quiz will ask from you.

Please let me know which form set I could use for my wife and baby to extend there visa.

many thanks

[matthymeine]

Hey amber ,want to ask about my situation
my wife has adequate maintenance ( she recieve money from her ex 1000 pound every month )
could these money of maintenance , be added to her shortfall salary , so that it can reach the 18600

[Sherza]

Hi

I have made the following calculations based upon my situation to apply for my son. Could someone have a look if:
I have applied the right procedure
and If I am safe to apply or not

A = Income= Weekly
Net Wages (3 Months Average)= £351.39
Child Benefit= £34.05
Child Tax Credit= £75.95
Total = £461.39

B= Expenses= Weekly
Rent =(£395 monthly) £91.15
Council Tax (£1117.22 per Year) £21.49
Total £112.64

C = The amount of Income Support an equivalent British family of that size can receive.

Weekly
Couple= £113.70
Family premium = £17.45
Dependant Children - (66.33*3)
(Two in UK and Applying for Third)= £198.99
Total = £330.14

A – B = £461.39 - £112.64 = £348.75
A – B ≥ C= £348.75 ≥ £330.14
Weekly Left Over= £18.61

I have £3000 cash savings in my UK "CURRENT ACCOUNT" for the past 9 months. Is it possible to show them for adequate maintenance. If yes should they be turned into tariff income (basically amount of savings divided by 104 weeks for Part 8 FLR(M)). Which would be:

Cash Savings (under "A" = Income)=Weekly= £28.85


Thanks

[Amber]

Seems perfectly fine, should have any problems for adequate maintenance.

[us.student]

Can anyone comment on exactly where the [savings] / 104 formula comes from? As in, where it appears in some official documentation?

Also, for those of us only required to make adequate maintenance, how long must the money have been in our savings or checking account?

[Sherza]

Seems perfectly fine, should have any problems for adequate maintenance.

Thanks Amber

[Amber]

It comes from a court case. I'll have to dig it out.

[us.student]

Amber-

In addition, I seem to be getting different opinions from different solicitors regarding the standard of proof for adequate maintenance. Some say it is as simple as following the formula--either the numbers work out, or they don't. Others say that in addition to this, spending habits will also be scrutinized. That, even if there should be enough extra income, if they are not showing enough untouched money each week, the decision maker might decide that adequate maintenance is not demonstrated.

Do you have an opinion on this?

[Amber]

Spending habits are not scrutinised.

The case for savings was Jahangara Begum & others (maintenance:savings)

[us.student]

Amber, I'm wanting to use funds in a retirement (IRA) account as the US applicant for a UK fiance visa, to show adequate maintenance for myself. I've planned to move funds from my IRA (paying a penalty for early withdrawal while doing so) into my ordinary bank account, so that the funds will be readily available to us.

If I can show that the IRA account was in my name for any length of time prior to moving the funds to my bank account, will I be able to have them considered? Or must I wait some length of time?

Thank you!

[Amber]

Savings may be considered in either the applicants or sponsor's or a joint account.

[us.student]

Yes, I'm just asking if it's alright that the savings very recently came from a retirement account.

[Nicolear]

Hi, Is it all benefits that can be included for adequate maintainance ? Have many people been successful using benefits while claiming carers allowance or is it hard to do ?

[acmilan]

Hi there amber. I just got refused for adequate maintenance. The UT judge set aside the FT judges determination because I was working 10 hours a week and didn't have any payslips other than a letter from the employer to say I was working there, my carers allowance money was not coming in to my account that was another reason, is there anything I can do now? because it failed under immigration rules as well as article 8, the UT judge did not consider article 8, whereas FT judge did take into account about gulshan vs secretary of state and nagre vs secretary of state and granted me entry clearance under article 8. Am not sure how many days I have to appeal to court of appeal coz they didn't mention that they just said there's a limited time, can you help me Please.

[Obie]

You first need to apply to the Upper Tribunal for Permission and if refused you need to apply to the court of appeal within 28 days for permission to appeal to them.

http://www.justice.gov.uk/tribunals/imm ... /appeals#5