I'm New and I need some advice please Help

[sue88]

Hello everyone!

Good Day!

I'm Sue and I'm currently working in the bank. I need some advice especially to SIR TERPE, anyway does anyone here applied a visa under exceptional scoop. We are going to apply next year for spouse visa with my British Husband for 4 years.

My husband is receiving DLA and Working TAx Credit as Self Employed. He is writer and publisher. He receive WTC as dis ability person because of lower income. He receive DLA with higher mobility rate because year ago his left leg being amputated and he need me to be there and I'm willing to sacrifice my work here to be with him.

My question Sir Terpe are

1. As My husband is being exempt from financial requirement as he receive DLA. Does Working Tax Credit counted in Adequate Maintenance?

2. Can I add this working Tax credit for benefits that he receive so that we can achieve the adequate maintenance as being exempted for financial requirement or Not or Only DLA will count?

Thank you Sir Terpe

[marksroomspain]

Hiya Sue I am sure Peter will be here shortly to clarify what I will say,

Yes other benefits alongside DLA can be use to show adequate maintenance basically it means after housing costs have been deducted ie: council tax & rent/mortgage as long as as there is £113.70 left over (income support level for a couple) then your application should not fail.

Like I said Peter should be along to give a more detailed insight into this.

Good Luck, Mark...

[Terpe]

Hi Sue,
Welcome aboard Filipino UK :welcomex:

The simple answer to you question is yes.....the working tax credit can be counted towards income under the case you outlined.

The detail can be found within the Immigration directorate instructions Chapter 8 Family Section FM 1.7A -
Maintenance (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf )

Please do take some time to review those rules.
In the meantime here's the relevant extract:-


.....staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual 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 projected NET income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation (rent/mortgage and council tax); and

C is the amount of Income Support an equivalent British family of that size can receive.


As it stands right now a couple with no children would need to show £113.70 per week remaining after rent/mortgage and council tax is deducted from net income.

[sue88]

Thank you so much Sir Terpe! Yes, I already compute and deduct all bills, water, electricity and council tax. Housing not included because it's already paid and directed to landlord.

DLA+WTC+Saving deducted by bills -council tax = income support. Is this correct sir? God bless you

[marksroomspain]

Thank you so much Sir Terpe! Yes, I already compute and deduct all bills, water, electricity and council tax. Housing not included because it's already paid and directed to landlord.

DLA+WTC+Saving deducted by bills -council tax = income support. Is this correct sir? God bless you

You don't need to put gas, electricity, water etc into the equation as it's not counted by UKVI. Once again, I hope that clarifies. ..

[Terpe]

Thank you so much Sir Terpe! Yes, I already compute and deduct all bills, water, electricity and council tax. Housing not included because it's already paid and directed to landlord.

DLA+WTC+Saving deducted by bills -council tax = income support. Is this correct sir? God bless you

Sue, your computation is not correct.
Please follow the link I provided and compute according to Immigration rules indicated.
Any application will strictly follow those rules.

Here's the link again:-

Family Section FM 1.7A - Maintenance (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf )

[sue88]

Mark, thank you for the response! I really appreciate it! God bless your family!

[sue88]

Sir Terpe thank you so much for the link and thank you for the help! God bless you and take care!