ILR Maintenance and Maternity (Old Rule)

infolad · Post by **infolad** » Sat Apr 20, 2013 2:40 pm

Hi,

I applied for Spousal Visa in 2011 and due to apply for my ILR in october. My hubby is not employed but I am, but I would be on stat maternity leave by July. I am worried that I might not meet the financial requirement.

Also, there is no section in the set(m) form for the consideration of Statutory maternity leave.

After July(when i give birth), my statutory maternity allowance would be about £500/month, and I have a savings of about £6000.

My husband and I spend £300/month for rent, £120 for council tax, and about £80 for our bills/month.
But with the child going to be a UK citizen, would I have to pay any more for maintenance? If yes, how much more?

The above amount specified, would it be sufficient for my maintenance?
Please would appreciate any information on this.

Post by **vinny** » Sat Apr 20, 2013 2:49 pm

See also Public funds and rules before 9th july 2012.

infolad · Post by **infolad** » Sat Apr 20, 2013 6:57 pm

Vinny, I know that stat maternity pay is not a public fund. There is no fixed amount before July 2012 that specifies how much is needed as maintenance fund.

I would like to know if the amount i specified would be adequate or not, and hw much is adequate for ILR

Post by **Amber** » Sat Apr 20, 2013 7:02 pm

infolad wrote:Vinny, I know that stat maternity pay is not a public fund. There is no fixed amount before July 2012 that specifies how much is needed as maintenance fund.

I would like to know if the amount i specified would be adequate or not, and hw much is adequate for ILR

Although there is no income requirement for the pre July 2012 applications per se, your disposable income should be that of or greater than the income support rate

infolad · Post by **infolad** » Sat Apr 20, 2013 8:01 pm

Vinny, from the below statement, do you think it would be considered? and would my savings play any part in the maintenance?

[i]After July(when i give birth), my statutory maternity allowance would be about £500/month, and I have a savings of about £6000.

My husband and I spend £300/month for rent, £120 for council tax, and about £80 for our bills/month.
But with the child going to be a UK citizen, would I have to pay any more for maintenance? If yes, how much more? [/i]

infolad · Post by **infolad** » Sat Apr 20, 2013 8:53 pm

D4109125, from the below statement, do you think it would be considered? and would my savings play any part in the maintenance?

After July(when i give birth), my statutory maternity allowance would be about £500/month, and I have a savings of about £6000.

My husband and I spend £300/month for rent, £120 for council tax, and about £80 for our bills/month.
But with the child going to be a UK citizen, would I have to pay any more for maintenance? If yes, how much more?

mrgs1 · Post by **mrgs1** » Sat Apr 20, 2013 9:51 pm

infolad wrote:D4109125, from the below statement, do you think it would be considered? and would my savings play any part in the maintenance?

After July(when i give birth), my statutory maternity allowance would be about £500/month, and I have a savings of about £6000.

My husband and I spend £300/month for rent, £120 for council tax, and about £80 for our bills/month.
But with the child going to be a UK citizen, would I have to pay any more for maintenance? If yes, how much more?

Does the child have to be included in the application if its british? I may be wrong but it would mean a lower maintenance figure for application?

infolad · Post by **infolad** » Sat Apr 20, 2013 10:17 pm

mrgs1 could you please expantiate further on this?

Post by **Amber** » Sat Apr 20, 2013 10:25 pm

infolad wrote:D4109125, from the below statement, do you think it would be considered? and would my savings play any part in the maintenance?

After July(when i give birth), my statutory maternity allowance would be about £500/month, and I have a savings of about £6000.

My husband and I spend £300/month for rent, £120 for council tax, and about £80 for our bills/month.
But with the child going to be a UK citizen, would I have to pay any more for maintenance? If yes, how much more?

Yes savings can also be used to show evidence of adequate maintenance. You also can use your tax credits and child benefit as income to make the disposable income of ~£178 per week

Post by **Amber** » Sat Apr 20, 2013 10:31 pm

mrgs1 wrote:
infolad wrote:D4109125, from the below statement, do you think it would be considered? and would my savings play any part in the maintenance?

After July(when i give birth), my statutory maternity allowance would be about £500/month, and I have a savings of about £6000.

My husband and I spend £300/month for rent, £120 for council tax, and about £80 for our bills/month.
But with the child going to be a UK citizen, would I have to pay any more for maintenance? If yes, how much more?
Does the child have to be included in the application if its british? I may be wrong but it would mean a lower maintenance figure for application?

Yes the family unit is the couple + any dep kids. You can use your tax credits and child benefit as income too.

infolad · Post by **infolad** » Sat Apr 20, 2013 10:48 pm

D4109125 i dont have any tax credits and child benefits. But without having to claim that, would the combination of the above mentioned income and expenditure be sufficient?

Post by **Amber** » Sun Apr 21, 2013 8:14 am

infolad wrote:D4109125 i dont have any tax credits and child benefits. But without having to claim that, would the combination of the above mentioned income and expenditure be sufficient?

Your hubby can claim the benefits once you have the baby. You should be fine as your reduced income is just during the SMP period for which you can top up with the savings. Just show a pre SMP wage slip and that should satisfy that there are reasonable expectations of meeting maintenance and that the savings will top up the SMP.

infolad · Post by **infolad** » Sun Apr 21, 2013 9:35 am

D4109125 Thanks. I was really worried that my ILR would be turned down on that basis.

One last question that I'm just really curious about. Since my child would be british, and my hubby is british, shouldn't the maintenance amount be for just me? 'Because it says the cost of income a british family would use while trying to do the calculation'. So instead of £178 pound/week, shouldnt i be expected to have £103/week since i'm the only applicant?

Post by **Amber** » Sun Apr 21, 2013 10:00 am

infolad wrote:D4109125 Thanks. I was really worried that my ILR would be turned down on that basis.

One last question that I'm just really curious about. Since my child would be british, and my hubby is british, shouldn't the maintenance amount be for just me? 'Because it says the cost of income a british family would use while trying to do the calculation'. So instead of £178 pound/week, shouldnt i be expected to have £103/week since i'm the only applicant?

The child benefit and tax credit income would basically negate the child amount in the income support calculation.

Post by **Greenie** » Mon Apr 22, 2013 9:03 am

infolad wrote:D4109125 Thanks. I was really worried that my ILR would be turned down on that basis.

One last question that I'm just really curious about. Since my child would be british, and my hubby is british, shouldn't the maintenance amount be for just me? 'Because it says the cost of income a british family would use while trying to do the calculation'. So instead of £178 pound/week, shouldnt i be expected to have £103/week since i'm the only applicant?

no, under the old rules, the amount you need to show is for the entire family not just for the applicant. However as already pointed out you can claim tax credits and child benefit once the baby is born. They also do not tend to refuse applications under the old rules on maintenance grounds alone.

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ILR Maintenance and Maternity (Old Rule)

ILR Maintenance and Maternity (Old Rule)