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Skip to content When it comes to building a life together in the UK, one key requirement stands between you and your dream: Adequate Maintenance. This financial benchmark is designed to ensure that you can support yourself and your spouse without relying on public funds.
For adequate maintenance guidance, our experienced immigration solicitors are here to help. Call us now at 02033844389.
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With the introduction of Appendix FM, there was a new financial requirement based on a minimum income threshold of £18,600, plus extra amounts for any “relevant children.”
Instead of meeting the minimum income criteria, applicants for some Appendix FM applications must show that they could “adequately” support themselves or their family in the UK. In this piece, we’ll look at the Immigration Rules and try to define “adequate” maintenance.
To apply for a UK spouse visa, you must meet the acceptable maintenance requirements:
Appendix FM and the Home Office’s related Immigration Directorate Instruction define a specified benefit as follows:
In the case of KA and Others (Adequacy of maintenance), Pakistan [2006] UKAIT 00065, the Asylum and Immigration Tribunal (as it was then) deliberated on this matter. The Immigration Rules define “adequate” and “adequately” in paragraph 6:
“adequate” and “adequately” in relation to a maintenance and accommodation requirement shall mean that, after income tax, national insurance contributions, and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of income support.”
Consequently, there is no set amount that needs to be met to prove that maintenance is acceptable, unlike the amount that is required in Appendix FM. It depends on family size and is case-specific.
In Ahmed (benefits: proof of receipt; evidence) Bangladesh [2013] UKUT 84 (IAC) the Upper Tribunal sought to define “adequate” and provide a method for determining if sufficient funds will be available.
It determined that a family would be able to afford appropriate maintenance if their expected weekly income (“A”), minus their weekly accommodation costs (“B”), was equal to or more than the amount they would be entitled to if they were receiving income support or an analogous program (“C”).
A – B ≥ C
To illustrate the point, let’s say the sponsor of the applicant had a weekly income of £275 (after taxes and insurance were subtracted), and housing expenses were £100 (£90 for rent and £10 for council tax). In this case, the sponsor’s earnings would be £175 minus the cost of housing. As of 2 October 2019, the amount of income support for a couple who is 18 years old or older is £114.85.
£275-£100 ≥ £114.85
The condition is thus satisfied because the sponsor’s net income is more than what they would get if they qualified for income support or equivalent.
You can also calculate with the help of adequate maintenance spouse visa calculator.
To meet the need for appropriate maintenance, certain cash savings can be used instead of or in addition to income.
If the application is approved, the total amount kept in cash savings must be divided by the number of weeks of limited leave that would be awarded (“A”) in order to determine if the amount is sufficient. Maintenance is calculated using the same formula as weekly income.
A – B ≥ C
For example, if the applicant had £52,000 in cash savings, they would need to divide that amount by 52 weeks (since there are 52 weeks in a year). If the visa they were applying for allowed a 12-month stay, this calculation would give the weekly amount of savings available. Continuing with this example, if their weekly housing expenses are £100, and the income support amount for a couple aged 18 or older is £114.85, this would help determine if their savings meet the adequate maintenance requirement.
£1,000 – £100 ≥ £114.85
Contact our immigration lawyers at 02033844389 or through the form below if you need more help meeting the reasonable maintenance requirement under Appendix FM or for any other type of immigration.