Spouse visa – Financial requirements
In July 2012, significant changes were made to the Immigration Rules. With the introduction of new stringent requirements, non-EEA spouse visa applicants have faced numerous difficulties in meeting the financial requirements. Some applicants, whose sponsors are in receipt of specified benefits, can be exempt from meeting the financial requirement.
Appendix FM introduced new financial requirements for the applicants applying under the family migration route – threshold of £18,600 earnings per annum. The minimum income requirements increase if there are dependent children involved in the application.
Some applicants under the spouse visa route can be exempt from meeting the financial requirement. If the exemption applies, they would not be required to demonstrate the availability of earnings equivalent to £18,600. Instead, they will have to meet the adequate maintenance requirements proving that they can ‘adequately’ maintain themselves and their dependent family members in the UK.
This applies only to the partner or parent visa on the 5-year route to settlement. Spouses and parents on a 10-year route to settlement do not qualify for adequate maintenance requirements.
What is Adequate Maintenance?
It can be difficult for most of the applicants to understand the meaning of adequate maintenance requirement. There is no specific amount to indicate adequate maintenance as it varies on a case-by-case basis.
Simply put, the applicant and their spouse have to demonstrate that their income is the same or exceeds the level of income support that would be available for a British family of their size. This income is calculated after deducting income tax, housing costs, and national insurance contributions.
Requirements For Adequate Maintenance
Not all spouse visa applications can meet the adequate maintenance requirements to get a leave to enter or remain as a partner. The requirement only applies to the following 5-year routes to settlement applications:
- Apply for leave to remain as a spouse of a person receiving a specified benefit
- Entry clearance as a child of a parent granted permission to stay in the UK as a spouse where the parent’s partner or UK sponsor is receiving a specified benefit
- A parent applying for permission to stay in the UK as the parent of a child
- Adult dependent relative applying for ILR
Specified Benefits
The list of specified benefits that qualify for adequate maintenance is outlined in the Immigration Rules. This consists of the following:
- Disability living allowance, severe disablement allowance, or industrial injury disablement benefit;
- Carer allowance or attendance allowance;
- Personal independence payment;
- Guaranteed income or armed forces independence payment under armed forces compensation scheme;
- Mobility supplement, war disablement pension, or constant attendance allowance under the war pensions scheme;
- Police injury pension.
Calculating Adequate Maintenance
To calculate adequate maintenance, the applicant will need to deduct the weekly income (‘A’) from accommodation costs (‘B’). The remaining amount would be equal to or more than the level of income if the family were in receipt of income support (‘C’).
For example, if the weekly income is £300 after income tax and national insurance contribution deduction and if housing costs are £100, then the remaining amount would be £200. Since the income support for a couple aged over 18 is £114.85, the adequate maintenance requirement would be fulfilled as the amount would exceed the level of income support received.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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