Financial Requirements Excemption Help

Good Evening!

I am a UK resident, and my fiance a US citizen.

My Fiance is in the process of gathering all information required for a spouse Visa, We plan on marrying in the US when I Visa over new year and he plans on submitting the application at the beginning of January.

However, we have come to some confusion regarding payslips & bank statements etc. I have requested from my place of work the letter that is required, and have been in contact with my bank regarding getting printouts stamped etc.

However, we are applying on the grounds that we are exempt from the financial requirements, as I am in receipt of disability allowance on behalf of my 6-year-old son.

I can't find any information regarding how many months bank statements/payslips I need to provide in this situation.

Also, I have worked out that we meet the adequate maintenance amount, however, do I need to show this working out? Feel like I've hit a grey area here

Any help would be greatly appreciated!

TIA!

Good Evening!

I am a UK resident, and my fiance a US citizen.

My Fiance is in the process of gathering all information required for a spouse Visa, We plan on marrying in the US when I Visa over new year and he plans on submitting the application at the beginning of January.

However, we have come to some confusion regarding payslips & bank statements etc. I have requested from my place of work the letter that is required, and have been in contact with my bank regarding getting printouts stamped etc.

However, we are applying on the grounds that we are exempt from the financial requirements, as I am in receipt of disability allowance on behalf of my 6-year-old son.

I can't find any information regarding how many months bank statements/payslips I need to provide in this situation.

Also, I have worked out that we meet the adequate maintenance amount, however, do I need to show this working out? Feel like I've hit a grey area here

Any help would be greatly appreciated!

TIA!

Do you claim Carer's Allowance?

I do not, I don't qualify as I work. However I claim DLA on behalf of my son, and with him being only 6.

Do you claim Carer's Allowance?

See the OP's previous thread:
https://talk.uk-yankee.com/index.php?topic=94061.msg1237773#msg1237773

From what I found in the financial requirements a few months ago, it appears as though she can apply as exempt from the financial requirement, even though she is claiming the DLA for her son.

See the OP's previous thread:
https://talk.uk-yankee.com/index.php?topic=94061.msg1237773#msg1237773

From what I found in the financial requirements a few months ago, it appears as though she can apply as exempt from the financial requirement, even though she is claiming the DLA for her son.

Good spot. I didn't realise that either as some of the lower rates of DLA doesn't quailfy for a carer (Carer's Allowance).

However, we have come to some confusion regarding payslips & bank statements etc. I have requested from my place of work the letter that is required, and have been in contact with my bank regarding getting printouts stamped etc.

However, we are applying on the grounds that we are exempt from the financial requirements, as I am in receipt of disability allowance on behalf of my 6-year-old son.

I can't find any information regarding how many months bank statements/payslips I need to provide in this situation.

The Adequate Maintenace guidance states how many months you need to provide:

5.3.Earnings from employment (all adequate maintenance applications under Appendix FM)
Under paragraph 12A(a) of Appendix FM-SE, where income from current employment in the UK is relied upon, the following must be provided:

a) A letter from the employer confirming the employment, the gross annual salary/income and the annual salary/income after income tax and National Insurance contributions have been paid, how long the employment has been held, and the type of employment (permanent, fixed-term contract or agency).

b) Payslips covering the period of 6 months prior to the date of application or such shorter period as the current employment has been held.

c) Personal bank statements covering the same period as the payslips, showing that the salary/income has been paid into an account in the name of the person or in the name of the person and their partner jointly.

Also, I have worked out that we meet the adequate maintenance amount, however, do I need to show this working out? Feel like I've hit a grey area here

I would show the calculation anyway, regardless of whether you need to or not, because you want to make it completely clear that you definitely meet the requirement.

Just checking, are you using the current income support figures? I ask because the figures given in the Adequate Maintenance document are several years out of date now.

You need to show that after rent and council tax, you have at least the following amount left over each week:
£114.85 (for you and your spouse)
+
£66.90 for each child under 18 living in the same household
+
£17.45 family premium

Your previous posts mentioned that you have 2 children, so for couple with 2 children you need to show that you have:

Total weekly income - (rent + council tax) = £266.10 or more

Thank you for your help.

This is the calculation I made, sorry it looks bad, I copied it from a table.

I have calculated adequate maintenance and accommodation using ‘Immigration Directorate Instruction
Family Migration: Appendix FM Section 1.7A Adequate Maintenance & Accommodation August 2015’

A Net income
B Housing costs
C the amount of income support a British family of that size can receive

Income Source
Internal Received
Equivalent Weekly Amount

Net Income from Non-Salaried Employment
Monthly £850.96
Multiplied by 12 Divided by 52 =
£196.38

Disability Living Allowance
Every four weeks £319.80
Divided by 4 =
£79.95

Child and Working tax credits
Weekly
£232.17

Housing Benefit
Fortnightly £51.32
Divided by 2 =
£25.66

Child Benefit
Every four weeks £
Divided by 4 = £137.60
£34.40

Cash Savings
£3319.02
Divided by 130 weeks =
£25.53
Total Income (A)

£594.09


Housing costs
Interval paid
Equivalent weekly amount

Rent
Monthly £541
Multiplied by 12 Divided by 52 =
£124.85

Council Tax
Monthly £88.00
Multiplied by 12 Divided by 52 =
£20.31

Total Housing Costs (B)

£145.16



The following table has been copied from the above-mentioned document:

An equivalent sized British family could receive the following Income Support:
Element
Interval
Amount
Income support rate for a couple
Weekly
£113.70
Each dependant Child from birth to age 30 £66.33 x 2
Weekly
£132.66
Family Premium
Weekly
£17.45
Total income support (C)


£263.81

(A ) 594.09 - (B) 145.16 = £448.93
(A - B) £423.40 must be greater or equal to (C) £263.81

I can observe, that the Net income minus the housing costs, is more than the amount of income support an equivalent British family would receive, and therefore the ‘adequate maintenance’ requirement has been met.

Should this be included in the sponsor letter?

Income support rate for a couple
Weekly
£113.70
Each dependant Child from birth to age 30 £66.33 x 2
Weekly
£132.66
Family Premium
Weekly
£17.45

These figures are several years out of date (they haven't updated the document since 2015, but the income support amounts go up every year).

The figures you need to use for 2018/2019 (and for 2019/2020) are:

Income support rate for a couple = £114.85 per week
Each dependant Child from birth to age 30 = £66.90 per week
Family Premium = £17.45 per week

Listed here: https://www.focusondisability.org.uk/brates-1.html

So, your calculation will be:
£114.85 + (£66.90 x 2) +  £17.45 =  £266.10
(which is what I wrote a few posts above)

Which means your calculation is:

(A ) 594.09 - (B) 145.16 = £448.93
(A - B) £423.40 must be greater or equal to (C) £266.10

Sorry I did notice your reply, I just copy and pasted what I had already wrote, I will amend that now.

Other than the new amounts, does the calculation look ok?

Should I add these calculations to my sponsor letter, or somewhere separate?

Sorry for all the questions, so many things to consider make me very overwhelmed and I do appreciate your help 

Sorry I did notice your reply, I just copy and pasted what I had already wrote, I will amend that now.

Other than the new amounts, does the calculation look ok?

It looks okay... however, I would check your total council tax amount on your annual bill... because council tax is only charged 10 months of the year, not 12.

For example, my council tax is £1000 per year, and I pay £100 per month by direct debit over 10 months, from April to January, and then I don't pay anything in February or March.

So, in your case, if you are paying £88 per month, then your total annual bill may actually be £88 x 10 = £880.... which means that per week, it would be £16.92, and your total rent plus council tax would be £141.77.

Should I add these calculations to my sponsor letter, or somewhere separate?

I would probably put the total calculation in the sponsor letter and then include a separate sheet with the financial documents showing your full calculation breakdown.

I.e. For the sponsor letter, he could put something like:
'my total weekly income is £594.09, and my rent and council tax comes to £141.77, which means I have £449.32 left over each week, which more than meets the minimum adequate maintenance requirement of £266.10 for my family.'

It looks okay... however, I would check your total council tax amount on your annual bill... because council tax is only charged 10 months of the year, not 12.

For example, my council tax is £1000 per year, and I pay £100 per month by direct debit over 10 months, from April to January, and then I don't pay anything in February or March.

So, in your case, if you are paying £88 per month, then your total annual bill may actually be £88 x 10 = £880.... which means that per week, it would be £16.92, and your total rent plus council tax would be £141.77.

I would probably put the total calculation in the sponsor letter and then include a separate sheet with the financial documents showing your full calculation breakdown.

I.e. For the sponsor letter, he could put something like:
'my total weekly income is £594.09, and my rent and council tax come to £141.77, which means I have £449.32 left over each week, which more than meets the minimum adequate maintenance requirement of £266.10 for my family.'

Oh, I will have to check that! I think I pay for 10 months also. Currently waiting for a replacement document for council tax as I had misplaced my original, and the replacement I received Friday was for last year *Sigh*

That perfect, I will add a sentence like that into my supporting letter and have an additional letter dedicated to adequate maintenance calculations.

I have a few other questions also... would it be ok to ask them on here?

Sure, go ahead and ask your questions here .

ok thank you, I'm sorry there is so many!

Passport copy - do I need to photocopy each page to show my travel to the US?

P60 - is this required, as I will only be showing bank statements from June - December?

Employers letter - My OH is applying for the VISA during the first week of January, as I get paid the 25th of each month (21st of dec with it being bank holidays), therefore I will need my December payslip certifying (as we receive them via email) So if I get my manager to write the letter on the 21st December, the day I will get paid, is this okay? is the employer letter subject to the 28 days rule? I leave for the US on the 29th, and there aren't many working days between payday and when I leave!

Marriage Certificate - We are marrying in the US on New years eve, we will receive the certificate the same day, and my OH will be applying a few days later when I have returned to the UK, should this cause any problems with him applying so close our marriage date?

Entering the US - I know marrying a US citizen in the US and then returning is permitted, but when asked my reason for my visit is this something I should tell them, or would simply visiting my Fiance be ok?

Landlord letter - what does this need to include? I have emails between myself and landlord, asking her permission to OH to live in the property once the VISA is granted, and she has amended the tenancy agreement so that he is a permitted resident.

form VAF4A Appendix 2

1.28 is your sponsor responsible for supporting anyone else financially, including any children listed below:
do I need to list my children here? They live with me, and I don't send them any money.

4.14 how much does your sponsor spend each month on living costs?
is this just rent and council tax? or does this include utilities, groceries etc?

4.15 is your sponsor responsible for anyone else's financial support?
same as above, do I list my children here? they live with me full time and I don't send them any money.


I'm sure I have some more I just can't think of them right now! I feel like I'm on top of everything, and then I come on here and I feel so unprepared!

Passport copy - do I need to photocopy each page to show my travel to the US?

No, you only need to copy the photo page.

P60 - is this required, as I will only be showing bank statements from June - December?

It's not a requirement to send it, but you can if you like.

Employers letter - My OH is applying for the VISA during the first week of January, as I get paid the 25th of each month (21st of dec with it being bank holidays), therefore I will need my December payslip certifying (as we receive them via email) So if I get my manager to write the letter on the 21st December, the day I will get paid, is this okay? is the employer letter subject to the 28 days rule? I leave for the US on the 29th, and there aren't many working days between payday and when I leave!

The letter IS subject to the 28-day rule, but it just needs to be dated no more than 28 days before the date he applies online. So, if he is applying online the first week of Jan, it just can't be dated earlier than probably this week.

Marriage Certificate - We are marrying in the US on New years eve, we will receive the certificate the same day, and my OH will be applying a few days later when I have returned to the UK, should this cause any problems with him applying so close our marriage date?

Nope, no issues at all. You can apply as soon as you have the official marriage certificate (and you are ready to apply).

Entering the US - I know marrying a US citizen in the US and then returning is permitted, but when asked my reason for my visit is this something I should tell them, or would simply visiting my Fiance be ok?

You should tell them if they ask specifically, but don't offer information that they have not asked for.

For example, it's fine to say you are visiting your fiance. If they then ask further questions about what you will be doing on your visit, you can say you are getting married.

Landlord letter - what does this need to include? I have emails between myself and landlord, asking her permission to OH to live in the property once the VISA is granted, and she has amended the tenancy agreement so that he is a permitted resident.

If he is named on the tenancy agreement, you do not need a letter from the landlord. However, I might include a hand-signed letter from her as well, giving him permission to live there after the visa has been granted.

However, she should not have amended the tenancy agreement yet, because it is illegal for her to rent to someone who does not have a visa to live in the UK.... she could be fined £3,000 for adding him to the tenancy before his visa has been granted.

1.28 is your sponsor responsible for supporting anyone else financially, including any children listed below:
do I need to list my children here? They live with me, and I don't send them any money.

Yes, you list your children.

4.14 how much does your sponsor spend each month on living costs?
is this just rent and council tax? or does this include utilities, groceries etc?

It's everything you spend on living costs (rent, council tax, bills, petrol, food, etc.).

4.15 is your sponsor responsible for anyone else's financial support?
same as above, do I list my children here? they live with me full time and I don't send them any money.

Yes. And you list how much you spend on raising them each month (just give an estimate if you're not sure).

The letter IS subject to the 28-day rule, but it just needs to be dated no more than 28 days before the date he applies online. So, if he is applying online the first week of Jan, it just can't be dated earlier than probably this week.

So does it not matter if my latest payday is after the letter has been written? as long as I get my December payslip certified on the day i get paid?

If he is named on the tenancy agreement, you do not need a letter from the landlord. However, I might include a hand-signed letter from her as well, giving him permission to live there after the visa has been granted.

However, she should not have amended the tenancy agreement yet, because it is illegal for her to rent to someone who does not have a visa to live in the UK.... she could be fined £3,000 for adding him to the tenancy before his visa has been granted.

Ok, I will definitely get in touch with my landlord about this and ask her to reissue it, and also write a letter.

Yes, you list your children.

It's everything you spend on living costs (rent, council tax, bills, petrol, food, etc.).

Yes. And you list how much you spend on raising them each month (just give an estimate if you're not sure).

would this be things like clothes, toys, days out etc?