As the sponsor receives Disability Living Allowance (Middles Rate Care (MRC) and Lower Rate Mobility (LRM)) I am exempt from the financial requirement and therefore I am only required to adequately maintain and accommodate ourselves.
Following the Upper Tribunal case of
Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the
Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual 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 projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.
For the purpose of income,
benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a).
No benefit income is said to be excluded in the Immigration directorate instructions. I have calculated all figures as weekly as per the benefit entitlement letters (included). For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).
Therefore,
A, income is:
Employment and Support Allowance = £181.99
Disability Living Allowance (MRC & LRM) = £74.00
Housing Benefit = £63.99
Total income = £319.98 per week
B, accommodation costs:
Rent = £63.99 per week
Total accommodation costs = £63.99 per week
C, income support applicable amount:
An amount for a couple = £112.55 per week
The total income support applicable amount for my family unit is £112.55 per week
A at £319.98 – B at £63.99 =
£255.99
As £255.99 is greater than C at £112.55 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted.
Furthermore, I have savings of £1000 which would be an additional tariff income of:
£1000 divided by visa duration of 130 weeks (2.5 years) =
£7.69 per week
I have supplied enough evidence, and explained the case clearly to show that we satisfy the adequate maintenance and accommodation requirement. Thus the application should be granted immediately.
