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Topic: Adequate Maintenance Help (Fiance Visa).  (Read 1513 times)

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Adequate Maintenance Help (Fiance Visa).
« on: October 12, 2021, 08:38:16 AM »
My fiance (US) and I (UK) are engaged to be married. I currently receive a carer allowance and income support. I read in the forum that I can use the Adequate Maintenance as my income. I need help understanding if the calculation
A - B = C  equal or greater.
(Carer and income support weekly income - housing = income support for a couple)

We are going to live at my parents so we don't have rent to pay. 

These are my numbers

£67.60 (carers) I receive weekly + £44.80 income support (Would be for column A)
-
Housing (column B)
= Should equal or be greater to the new income support for a couple older than 18 which is £117.40

My question is do I calculate my carers +income support as my weekly income minus accomodations to equal the couples income support. Or do I have to calculate my weekly carers income with the expected income support once we're married?
Any advice you can provide on the various steps people have taken in successful visa applications, would be appreciated. This is all new to us and we want to make sure to do it right. Apologies for the long post.


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #1 on: October 12, 2021, 09:47:02 AM »
Your US partner will not be able to receive public funds, so your income should not increase.  Use your current numbers.
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #2 on: October 12, 2021, 02:25:52 PM »
Your US partner will not be able to receive public funds, so your income should not increase.  Use your current numbers.

Don't forget that as Income Support is a means tested welfare benefit, you will need to advise the DWP when your partner moves in.
https://www.gov.uk/income-support/report-a-change-of-circumstances


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #3 on: October 12, 2021, 02:41:02 PM »

My question is do I calculate my carers +income support as my weekly income minus accomodations to equal the couples income support. Or do I have to calculate my weekly carers income with the expected income support once we're married?

an entry clearance applicant may say they will be entitled to claim public
funds in their own right in the UK, for example, under reciprocal
arrangements between the UK and their home country, and ask for this to be
included in their net income - however, any potential future entitlement to
benefits after the applicant arrives in the UK does not count towards net
income when assessing adequate maintenance


AND

calculate how much a British family unit (of equivalent size to the sponsor and
their family unit) would receive if they were in receipt of Income Support (C):

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996403/part-8-adequate-maintenance-and-accommodation-v4.0ext.pdf

They have some examples in that link but Ksand is quite good at working out the required amount.

You won't get an additional Income Support benefit payment for your US partner as there isn't a reciprocal agreement for this between the UK and the US. However when they move in with you, their savings, earnings and capital in any country, will be used for your Income Support calculation. That's why you are required to notify the DWP that a partner has moved in with you.
« Last Edit: October 12, 2021, 03:00:52 PM by Sirius »


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #4 on: October 13, 2021, 12:28:42 AM »
Your US partner will not be able to receive public funds, so your income should not increase.  Use your current numbers.
Thank you for responding.
So are my numbers correct based on it's only for my income?
£67.60 (carers) I receive weekly + £44.80 income support (Would be £114.40 for column A)  minus Housing which is zero (column B) should be equal to or greater of (column C) which is £74.40 for me?
-


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #5 on: October 13, 2021, 12:29:55 AM »
an entry clearance applicant may say they will be entitled to claim public
funds in their own right in the UK, for example, under reciprocal
arrangements between the UK and their home country, and ask for this to be
included in their net income - however, any potential future entitlement to
benefits after the applicant arrives in the UK does not count towards net
income when assessing adequate maintenance


AND

calculate how much a British family unit (of equivalent size to the sponsor and
their family unit) would receive if they were in receipt of Income Support (C):

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996403/part-8-adequate-maintenance-and-accommodation-v4.0ext.pdf [nofollow]

They have some examples in that link but Ksand is quite good at working out the required amount.

You won't get an additional Income Support benefit payment for your US partner as there isn't a reciprocal agreement for this between the UK and the US. However when they move in with you, their savings, earnings and capital in any country, will be used for your Income Support calculation. That's why you are required to notify the DWP that a partner has moved in with you.

Thank you so much for responding. I noted about notifying DWP.


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #6 on: October 13, 2021, 03:47:37 AM »
Thank you for responding.
So are my numbers correct based on it's only for my income?
£67.60 (carers) I receive weekly + £44.80 income support (Would be £114.40 for column A)  minus Housing which is zero (column B) should be equal to or greater of (column C) which is £74.40 for me?
-

Not quite - column C is a hypothetical amount that a UK household of the same size as yours will be once the visa has been granted would receive in income support if they were all eligible for it.

For 2021/2022, the income support figure for a couple with no children is £117.40... so this is the figure you need to use for C, as you have to be able to show you have enough weekly income to support both you and your fiance, not just you.

So, for your calculation:

Column A =
Your Carer's Allowance (£67.60)
+
Your income support (£44.80)
+
any other income you may have (employment, non-employment, pension etc.)
+
any savings you and your fiance hold in your bank accounts (averaged per week)

Column B =
£0

Column C =
£117.40

As you have £0 housing costs, you have to show that:

Your weekly income (Column A) = £117.40 (Column C)

Using just your carer's allowance (£67.60) and income support (£44.80), your weekly income = £112.40... which is £5 short of the £117.40 needed to meet the requirements.

Do you have any other income at all, or any savings, that you can use to meet the requirements? Any savings your fiance has in the US can be considered as well.


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #7 on: October 13, 2021, 05:55:47 AM »
Not quite - column C is a hypothetical amount that a UK household of the same size as yours will be once the visa has been granted would receive in income support if they were all eligible for it.

For 2021/2022, the income support figure for a couple with no children is £117.40... so this is the figure you need to use for C, as you have to be able to show you have enough weekly income to support both you and your fiance, not just you.

So, for your calculation:

Column A =
Your Carer's Allowance (£67.60)
+
Your income support (£44.80)
+
any other income you may have (employment, non-employment, pension etc.)
+
any savings you and your fiance hold in your bank accounts (averaged per week)

Column B =
£0

Column C =
£117.40

As you have £0 housing costs, you have to show that:

Your weekly income (Column A) = £117.40 (Column C)

Using just your carer's allowance (£67.60) and income support (£44.80), your weekly income = £112.40... which is £5 short of the £117.40 needed to meet the requirements.

Do you have any other income at all, or any savings, that you can use to meet the requirements? Any savings your fiance has in the US can be considered as well.

Thanks. Yes we have some savings we could use to reach that amount. Would I be able to use the Adequate Maintenance for the Spousal Visa income requirements once we're married? 


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Adequate Maintenance Help (Fiance Visa).
« Reply #8 on: October 13, 2021, 06:05:12 AM »
Thanks. Yes we have some savings we could use to reach that amount. Would I be able to use the Adequate Maintenance for the Spousal Visa income requirements once we're married?
Yes, as long as you continue to receive Carer’s Allowance (or any other qualifying benefit), you can use Adequate Maintenance to meet the requirements for each visa.

However, if you stop receiving Carer’s Allowance (and do not receive any other qualifying benefits), you will not be eligible to use Adequate Maintenance anymore and will need to meet the £18,600 income requirement instead.

Once you are married and your fiancé has his next visa (FLR(M)), his UK income can be combined with yours to meet the requirements for the future visas.


Sent from my iPhone using Tapatalk


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Re: Adequate Maintenance Help (Fiance Visa).
« Reply #9 on: October 13, 2021, 06:37:29 AM »
Yes, as long as you continue to receive Carer’s Allowance (or any other qualifying benefit), you can use Adequate Maintenance to meet the requirements for each visa.

However, if you stop receiving Carer’s Allowance (and do not receive any other qualifying benefits), you will not be eligible to use Adequate Maintenance anymore and will need to meet the £18,600 income requirement instead.

Once you are married and your fiancé has his next visa (FLR(M)), his UK income can be combined with yours to meet the requirements for the future visas.


Sent from my iPhone using Tapatalk

Thanks. You've helped me a lot understand the requirements for the visas. Greatly appreciate it.


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