If you are applying for visa in the UK based on the family life but your sponsor does not meet the financial requirement, you still can count on Appendix FM-SE.
Appendix FM-SE – ‘Adequate maintenance’
Appendix FM-SE states that if the sponsor does not meet the financial requirement, they may be eligible to apply the adequate maintenance test if they are in receipt of the following ‘permitted’ benefits:
Disability Living Allowance;
Severe Disablement Allowance;
Industrial Injury Disablement Benefit;
Attendance Allowance;
Carer’s Allowance;
Working Tax Credit;
Child Tax Credit
Child Benefits;
Income-related Benefits;
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.
Adequate maintenance is only applicable to those who are applying for a visa to the UK on the 5-year route to settlement, these applications are as follows:
Spouse visa both entry clearance and in country applications;
FLR M;
Fiancé(e ) visa;
Unmarried partner visa;
FLR FP parent route;
A child whose parent is applying for or has been granted leave to remain based on a British partner;
A child whose parent is applying for or has been granted leave to remain as a parent;
Adult dependent relative applying for either ILR;
ILR in the above-mentioned categories.
Adequate maintenance does not apply to those filing applications via the 10-year route to settlement.
For those that are seeking entry to the UK on exceptional circumstances under the family route they will need to show that they meet the requirements as laid out in the findings from the case of R (on the application of MM (Lebanon) (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) [2017] UKSC 10.
Calculating ‘Adequate maintenance’:
When reviewing adequate maintenance, the Home Office follows this 3-step equation as illustrated below.
Step 1: Add up weekly net income
‘Weekly net income’ can be the following forms of income:
Net income from salaried or non-salaried employment;
Cash savings;
Pension income;
Self-employed income;
Permitted benefits listed above;
Other sources of non-salaried income listed above;
Once the total weekly net income figure has been calculated this will be subtracted from current weekly housing costs, as explained in step 2.
Step 2: Calculate weekly housing costs
‘Weekly housing costs’ can include the following:
Rent;
Council tax;
Mortgage payments.
Personal debt will not be taking into consideration when calculating weekly housing costs.
Once the total weekly housing cost has been calculated this will be subtracted from the above weekly net income figure, this is the income net of accommodation costs figure.
Step 3: Calculate the Income Support entitlement
Once the total figure from subtracting the weekly net income from the weekly housing costs has been calculated, this figure will to be greater or equal to how much a British family unit equivalent to the size to the sponsor and their family unit would receive on a weekly basis in income support.
In order to compare the current benefits rates for the UK it would be ideal to check the most recent updated benefit rates.
The link below provides the 2021-2022 benefits rates poster.
At Apply for UK Visa we understand that each case is unique and complex, however our expert immigration lawyers can provide their expertise and advice for further information on the financial requirement please contact us directly.