What is an adequate maintenance spouse visa?
Paragraph 6 of the Immigration Rules sets out the definition of adequate and adequately that must be applied in all cases in relation to a maintenance and accommodation requirement.
‘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.
adequate maintenance requirement for spouse visa
Where the applicant’s partner is in receipt of any of the following benefits or allowances in the UK, the applicant will be able to meet the financial requirement at that application stage by providing evidence of “adequate maintenance” rather than meeting an income threshold:
- Carer’s Allowance
- Disability Living Allowance
- Severe Disablement Allowance
- Industrial Injuries Disablement Benefit
- Attendance Allowance
- Personal Independence Payment
- Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
- Police Injury Pension
Documents for adequate maintenance for spouse visa application
If the applicant’s partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through ‘adequate maintenance’, with evidence specified in Appendix FM-SE.
All the following must be provided:
- official documentation from the Department for Work and Pensions or Veterans Agency or Police Pension Authority confirming the current entitlement and the amount currently received
- at least one personal bank statement in the 12-month period prior to the date of application, showing payment of the benefit or allowance to which the person is currently entitled into their account
Adequate maintenance spouse visa calculator
The Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] directed the Home Office to evidence financial figures in all decision letters in which refusal was based on inadequate maintenance.
Therefore, decision-makers considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain which has to meet a requirement for adequate maintenance must set out the financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
- A is the net income (after deduction of income tax and National Insurance contributions);
- B is housing costs (such as what needs to be spent on accommodation); and
- C is the amount of Income Support an equivalent British family of that size can receive.
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