When making decisions on settlement visa applications the ECO will try to make a balanced judgement on the complete application and evidence provided.
Concerning financials, UKBA do not specify any actual amount of income. Although the immigration rules do not indicate just how much is considered to be 'sufficient', the ECO will want to understand the overall financial position and to feel positive that the amount of money left after any key fixed/regular expenditure will be enough to support an additional consumer.
We all have different key fixed/regular outgoings but it seems that your fiance has no rent or mortgage payments to make.
In principle he does not have any key expenditures, which is a positive.
Various Immigration Tribunal's have concluded that it would not be appropriate to have families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available in deciding about finances.
In principle this means that if it is likely that the amount of money that the applicant and sponsor will have to live on would fall short of that available for a family of similar size from welfare benefits
then the ECO may consider this as appropriate grounds for refusal.
The current 'Income Support' rate for a couple over 18 yrs of age is £105.95 per week.
This is very close to the income of your fiance, and means that your 'total application' needs to be convincing.
Please take note of this from UKBA:-
Maintenance may be provided by either:-
The applicant with their own funds or with funds available to them
or
The sponsor
or
A combination of applicant and sponsor funds
or
Third party suppot (see below).
A couple or other applicant who is/are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple/ applicant until they are able to support themselves from their own resources.
Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.
The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he/ she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (e.g. original bank statements over at least three months) of the third party’s assets.
Maintenance and accommodation: fiancé(e) / proposed civil partner
Paragraphs 290 (iv), (v) and (vi) of the Rules require that there must be adequate maintenance and accommodation for a fiancé(e) or proposed civil partner and any dependants both up to and after the date of the marriage or registering of the civil partnership.
Points to consider:
The fiancé(e) or proposed civil partner is prohibited from employment until he / she has been granted 2 years leave following the marriage or registering of the civil partnership; and
It would not be reasonable to require a fiancé(e) or proposed civil partner overseas to be as clear as a spouse or civil partner may be about the couple’s future accommodation.
Maintenance
The maintenance test will in most cases be based on the sponsor’s income / employment and the applicant’s employment prospects. There will also be cases where a friend or relative in the UK may offer assistance until the marriage or civil partnership takes place and the applicant is free to take employment. An applicant may have a specific job waiting for him/her. Where he/she is relying on this job offer to meet the maintenance requirement of the Rules, care should be taken that the job offer is genuine and will be held open until such time as he / she is free to take employment.
Assessing adequate accommodation
The ECO should be satisfied that the accommodation complies with the following requirements:
it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
Overcrowding - Residential housing
The Housing Act 1985 contains statutory definitions of overcrowding in residential housing. The ECO should bear in mind, as Pakistan 2004 UKAIT 000066 says, that adequacy of accommodation must be assessed on an individual basis. It is not enough to equate adequacy with overcrowding.
A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.
Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.
Rooms such as kitchens or bathrooms are excluded.
Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:
Number of rooms --------Maximum numberof people allowed
1...................................... 2
2.......................................3
3.......................................5
4.......................................7.5
5.......................................10
Each additional room in excess of 5 = An additional 2 people
For the purpose of the Act:
a child under onedoes not count as a person.
a child aged 1-10 years counts as only half a person.
I realise it's a lot to read but I hope this helps you understand what is needed
