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If the sponsor or applicant receives certain benefits, they may be exempt from demonstrating the £29,000 gross annual income requirement for the Adequate Maintenance Spouse Visa. This exemption, known as adequate maintenance, applies to those on specific benefits such as the War Pension Scheme, Disability Living Allowance, and several others listed below:
- War pension scheme
- Mobility Supplement
- Career allowance
- Constant attendance allowance
- Guaranteed income payment
- Armed Forces independence payment
- Disability living allowance
- Adult disability payment
- Attendance allowance
- Personal independence payment
- Industrial injury disablement benefit
- Pension age disability payment
- Severe disablement allowance
Please Note:
Yet, UK immigration rules do not fix the amount for adequate maintenance. However, after deducting tax, housing costs, and national insurance, the sponsor must have enough income to bear the living expenses of the whole family. The UK government has set specific guidelines to meet this requirement.
Who Needs to Meet The Requirement of Adequate Maintenance?
The requirement of adequate maintenance must be met after completing a five-year settlement route, and specific benefits must be obtained. There are the following categories of applicants that must meet the adequate maintenance requirement under Appendix FM:
- Applicants on a five-year settlement route whose partners get a specific kind of benefit.
- The partner with a dependent child applies under a five-year spouse settlement route, in which the sponsor gets specific benefits.
- Couples applying for settlement route as a parent of a British child.
- Children and parents applying on a settlement route must meet this requirement.
- If the sponsor receives any specific benefits, the applicants and their dependent children must meet the financial threshold.
Read More: Spouse Visa 10-year Route Requirement
How To Assess Adequate Maintenance Spouse Visa?
Follow the given three steps to assess the adequate maintenance for spouse visa finances:
Step #1
Calculate the weekly total net income of the couple:
- Take a mean average of the weekly income if it varies.
- Also, calculate the benefits you receive but exclude the income from a third party.
- If an applicant can assess public funds from their home country or the UK government, that will also be included in the income.
- Cash savings.
Step #2
Calculate housing cost per week:
- To calculate housing costs, calculate how much is your weekly rent and council tax.
- The sum of rent and council tax is your weekly cost.
Step #3
Calculate how much British family income support you receive weekly:
- Calculate weekly couple income and child support income; their sum is the total support income.
Let’s clear these points with examples to provide detailed knowledge. Generally, to assess adequate maintenance, the formulae used is:
A – B ≥ C means A minus B equals or exceeds C.
Example of Spouse Via Adequate Maintenance
For example, a sponsor with a family of 2 kids and a wife receives a weekly net income of £470. The weekly accommodation rent is £150, and there is no council tax. The family’s weekly income support is £250.
Calculations of weekly net income are:
| Income Source | Pay Period | Weekly Amount |
| Employment net income | Weekly | £165 |
| Tax credit | Weekly | £95 |
| Child benefit | Weekly | £35 |
| Tax credit for child | Weekly | £95 |
| Housing Benefit | Weekly | £80 |
| Total | – | £470 |
Housing Cost Calculations
| Housing Cost | Pay Period | Weekly Amount |
| Rent | Weekly | £150 |
| Council tax | Weekly | £00 |
| Total | £150 |
Income Support Calculations
| Support Income Element | Pay Period | Weekly Amount |
| Couple income rate | Weekly | £115 |
| Child income rate for two kids | Weekly | £135 |
| Total | £250 |
- A = 470
- B = 150
- C = 250
470 – 150 = 320, which is greater than 250, which means that the person meets the requirements of adequate maintenance.
Adequate Maintenance of Finances
The following points will be used to calculate the adequate maintenance of finances:
Cash Savings
Cash savings can be used to meet the requirement of adequate maintenance. Applicants, sponsors, and the sponsor’s parents must have specific income in their bank accounts. Individuals must hold this amount for six months in a bank in cash form that is easy to withdraw.
The formula for assessing cash saving is (A-B) ≥ C.
Example To Assess Cash Saving For 2 Year Spouse Visa
For instance, if a person has £3000 in savings in his bank account and is granted a visa for 33 or 30 months, in 33 months, there are 143 weeks. The total savings will be divided by the number of weeks of the visa grant 3000 ÷ 143 = 20.9. This amount will be added to your net income to assess your weekly adequate maintenance.
Example To Assess Cash Saving For Spouse Visa Settlement Route
Calculate the weeks in one year to assess cash savings for ILR and divide your savings by 3000 ÷ 52 = 57.6. Adding this to your weekly income helps assess your adequate maintenance.
Income
For adequate maintenance, applicants can use the income from the following sources:
- Non-employment income
- Self-employment income
- Salary income
- Housing cost
- Cost and expenses of adult relatives
- Exemption to show minimum income
Adequate Maintenance For Accommodation
The sponsors must meet adequate maintenance for accommodation to keep their family unit with them. For this, the sponsor must meet the following:
- House ownership
- Housing standard
- Accommodation should not be overcrowded
Read More: Spouse Visa Employment Letter
Housing Standard
Every local authority has set a living standard that applicants must meet to live in that area.
Overcrowding
Rules of accommodation are:
- In one room, couples of the opposite gender of applicants are not permitted to live together.
- More than three applicants of the same gender are not permitted to stay in a single room.
- With parents, a child of 4 plus is not allowed to share a room.
Use the following methods to assess whether the accommodation is overcrowded or not:
- Count applicants who will occupy the house.
- Less than 50 square feet will not be considered as room.
- Count rooms that are available for sleeping.
| Number Of Rooms | Number Of Applicants That Can Stay In One Room |
| 1 | 2 |
| 2 | 3 |
| 3 | 5 |
| 4 | 7.5 |
| 5 | 10 |
Frequently Asked Questions (FAQs)
How can we prove adequate maintenance for a spouse visa?
There are the following steps to assess the adequate maintenance for a spouse visa:
– Calculate net income after tax deductions
– Calculate housing cost
– Also, calculate the support income that you get as a benefit.
What happens if I can not meet the financial requirements?
If an individual is unable to pay the financial threshold, exemptions are there as an alternative:
– Apply on disability
– Apply on human rights ground
– Check alternative visa routes and apply for them.
How do you calculate housing costs?
The sponsor must provide the following documents as evidence:
– Letter from house owner if you live in a rental house with a monthly salary.
– Bank statements to claim that you have enough income to pay rent
– A letter from the housing authority will be needed to calculate your council tax.
Use this formula to calculate housing costs:
Calculate council tax by multiplying by 12 and dividing the whole income by 52. Suppose your council tax is 100. £100 × 12 = 1200 ÷ 52.
Can both partners use their income while applying for a spouse visa?
Yes, the sponsor and the sponsor’s partners use their combined income to meet adequate maintenance. Ensure you provide the payslips and employment contracts to claim your combined income.
What financial evidence is accepted for adequate maintenance?
The following financial evidence is accepted for adequate maintenance:
– Payslips
– Bank statements
– Employment letters
– Savings
– Self-employment documents
– Mortgage statement
– Tenancy agreement
Read More: Spouse Visa Document Checklist
Conclusion
The adequate maintenance spouse visa benefits applicants who want to live with their partners in the UK. To demonstrate this requirement, couples must know how to manage their living expenses, food, housing, and other essentials. Those who can not meet the financial threshold can explore other exemptions.
Moreover, adequacy ensures that couples maintain a stable life together. Maintaining adequacy is also crucial to claiming that the sponsor and the sponsor’s family never rely on public funds.
Read Also:
Reference Links
Appendix FM
Spouse Visa Requirements
Minimum Income Requirement