FLR (M) extension - receiving benefits

[Dudik]

Good evening fellow members and respected gurus!
I am new to this forum but have been reading other posts. Unfortunately I am still puzzled up with our situation.
Would really appreciate if someone could help me with our situation.
I’m British citizen and my partner is from outside European Union. We are not married, but he is on spouse visa in the UK (FLR M), which was received as unmarried partner in Aug 2018. We have two sons (twins) both British citizens. My partner has not been working in the UK, while I was working back in 2018 and stopped in Feb 2019. I have been receiving benefits since Jul 2019.
His spouse visa is due for renewal on 28 Feb 2021. As both of us have not been working and I receive only benefits, do we have a chance to extend his visa via FLR(M) route?
I am receiving following benefits:
- Child benefit
- Child tax credit
- Housing benefit
Total £20,900 per year

I understand the requirement is £18,600 for income. But I am in doubts if we can apply based on me receiving benefits.
1) Can we apply based on my benefits?
2) Do we need to supply any evidence of receiving benefits? Bank statements?
3) Do I need to request any additional HMRC papers to back up my benefits?
Please can knowledgeable members and respected gurus help with my question.

Thank you very much!

[CR001]

You cannot use the benefits that you receive to meet the financial requirements.

If neither of you work, it will have to be an FLR fp partner route application which resets the ilr clock and puts him on a new 10 year route, ie 4 X 2.5 year visas.

Without minimum 6 evidence of salary earnings (payslips and bank statements and employer letter) he can't apply for FLR m.

Note also that the IHS fees have increased in October.

[Dudik]

Thank you CR001 for you reply,

As I mentioned I stopped working full-time in Feb 2019, and my partner have never worked in the UK on full-time employment only self-employment he started this year just before covid. Unfortunately it is not permanent full-time, he does car repairs.

I thought my benefits can be a basis for extension as they are permanent source.

[CR001]

Benefits is not your money, that is the issue. It is taxpayers money and the appendix FM clearly states you cannot use benefits, at least not the ones you are claiming, to meet the financial requirment.

Only certain limited benefits, such as PIP,disability allowance or carers allowance can be used and there is a different formal calculation to determine if you qualify under the adequate maintenance provision.

[Dudik]

But can we use his self-employed income?

he was working since Feb this year, repairing cars even though it is not full-time permanent job

I just need to put together how much he has earned.

[CR001]

For self employment, you should carefully read section 9 of the Appendix 1.7 documents. It is a more challenging and difficulty route and requires a lot more paperwork to use to meet the financial requirements