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Settling my Filipino bf in UK:'adequate maintenance' rules

Discussion in 'UK Visa and Immigration Help' started by Keither, Feb 6, 2020.

  1. Keither
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    Keither Member

    Hi everyone
    I've been in a long distance relationship with my Filipino boyfriend for two years now.
    Originally when I studied the immigration rules it seemed impossible for him to come here (even with a visitor visa),,since he didnt meet the stringent rules for income and didnt have a job .
    However,I've only just discovered that there is an exemption to the UK partner financial requirement (£18,600 pa)for a spouse Visa...maybe also for a visitor Visa.I read that there is an exemption if the UK partner receives a disability benefit such as PIP or DLA.I do receive PIP,as well as other benefits,due to mental health problems.
    Is it true that under the adequate maintenance rules I have to have £113.07 a week after rent to 'adequately maintain' the two of us?
    (I looked at the equation they use to work it out on www.gov.uk ,but I honestly didnt understand how to work it out).
    Also,with a spouse Visa,if we got married in the UK,would he automatically get permanent leave to remain,and he able to work?
    Anyone been in a similar situation?
    Many thanks
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  2. Brom27
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    Brom27 Well-Known Member Trusted Member

    Hi I don’t know the ins and outs of that aspect of meeting the financial requirement because I used a different category but I do know you can use that to get your bf over to the UK. He will have to apply for fiancé visa first so you can get married in the UK. That will be valid for 6 months wherein you have to get married within that time. Have to stress he is not allowed to work during this visa. After getting married you will have to apply for an extension that will be Further Leave to Remain (Marriage) or FLR(M) as we call it. This will be valid for 2.5 years and he will be allowed to work for the whole duration of his visa. After 2.5 years he will then apply for another extension which will be again valid for 2.5 years. After completing 5 years in the UK he will then be able to apply for Indefinite Leave to Remain (ILR) and after that apply for his British Citizenship if he wants to.

    This is the route that I am in and just recently got my second extension of FLR(M).

    All the best for both you and hope you can get him over here.
    • Informative Informative x 1
  3. Heathen
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    Heathen Active Member

    This is the section that you will come under..

    3.6. Meeting the financial requirement through “adequate maintenance”

    3.6.1. 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. 3.6.2. 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”. 3.6.3. The evidence required to demonstrate that the applicant’s partner is in receipt of a specified benefit or allowance is specified in Appendix FM-SE: 12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment, or Armed Forces Appendix FM 1.7: Financial Requirement August 2017 16 Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, or a Police Injury Pension, all the following must be provided: (a) 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. (b) 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. 3.6.4. The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. The relevant guidance is set out in IDI Appendix FM 1.7a. 3.6.5. The minimum income threshold will apply at the next application stage if the applicant’s partner is no longer in receipt of one of these benefits or allowances at that time. 3.6.6. Some applicants under Appendix Armed Forces are already required to demonstrate that they will be adequately maintained without recourse to public funds and there is no assessment needed of whether they are exempt from minimum income threshold because the minimum income threshold does not apply to their category of application. See Part 4, Part 7, Part 9, and Part 10 of Appendix Armed Forces for details of who falls into this group. The relevant guidance is set out in IDI Appendix FM 1.7a.

    So Personal Independant Payment is covered under adequate maintenance.. and you wont need to meet the £18,600 minimum income requirement.

    3.6.2. 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”.

    12. Where a person is in receipt of Carer's Allowance, Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance or Personal Independence Payment, or Armed Forces Appendix FM 1.7: Financial Requirement August 2017 16 Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme or Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme, or a Police Injury Pension, all the following must be provided: (a) 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. (b) 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. 3.6.4. The applicant will not need to meet the minimum income threshold. Instead, the applicant is required to demonstrate that they will be adequately maintained without recourse to public funds. The relevant guidance is set out in IDI Appendix FM 1.7a.

    https://assets.publishing.service.g...pendix-FM-1-7-Financial-Requirement-ext_1.pdf

    Hopefully thats of some help..
    Last edited: Feb 6, 2020
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  4. Keither
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    Keither Member

    Thank you that's really helpful!!

  5. Keither
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    Keither Member

    Thank you so much that's fantastic!..really detailed information.It seems 100% certain...all being well..that my bf will get a visitor and then a fiance visa...since his income is considered irrelevant!
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  6. Heathen
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    Heathen Active Member

    The relevant information that i posted was for a marriage, fiancee, spouse visa, the visit visa im unsure about but i think its different financial info thats needed, prior to our marriage my wife was refused a visit visa, for a visit visa the UKBA need to be sure that your Bf has good reason to return home, such as owns property, has a job and so on..
  7. kuroneko
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    kuroneko New Member

    Hello, my bf and I are in the same situation, although he is the PIP beneficiary and I am the fiancée visa applicant. I just want to ask how they would compute for adequate maintenance when my bf lives with his parents and doesn't really spend anything on living expenses (his parents pay for rent and utility bills.) Does this mean that he literally has £0 as living expenses? Also, what do we need to provide as evidences for this? Do we still need to show them his parents' bank statements, profession/working contract, etc., or will the tenancy agreement and utility bills being in his parents' name be enough as proof? Thanks in advance!
  8. John Surrey
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    John Surrey Well-Known Member

    You probably need to look at this @Keither

    https://assets.publishing.service.g...ve_Adequate_maintenance_and_accommodation.pdf

    Long time since I looked at it , don't know why I did as it never applied to me, think I wanted to know more about the definition of adequate accommodation.

    Anyway the crux of the matter is if you're in receipt of PIP you won't need to meet the £18,600 Financial threshold - (From the guide) you'll need to show:

    ... 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...

    It's arguable that this should be the bar for everyone. :like:
  9. kuroneko
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    kuroneko New Member

    Hello! I understand we don't need to hit the £18,600 financial threshold. I'm just wondering if we do have any "housing costs" to deduct though, since my bf doesn't pay the rent nor any of the utility bills (his parents do.) We plan to live with his parents for the whole duration of the fiancée visa as well and his parents are fine with us to pretty much freeload for the time being. XD

    How do we prove that he spends pretty much nothing on living expenses? Or...is that not allowed? I'm just a bit worried his level of income (from benefits) might end up to be less than the amount of Income Support if by chance UKVI computes their rent as if he's the one paying for it. :(
  10. John Surrey
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    John Surrey Well-Known Member

    There's a number of examples in the guide which you can have a look at.

    In your situation I'd just be honest and get a letter from his parents confirming you pay nothing for the rent or utilities etc.... assuming that's not going to cause any problems (?) I mean will he lose some of his PIP if he says he has no housing costs... I don't know how that works so you should probably tread carefully.

    Anyway, try to follow the calculations they lay out in the guide and see what you come up with for yourselves.
  11. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Get parents to provide a letter stating that he lives there with them and that you will be allowed to live there with him.
    If they own the house or have mortgage on the property letter from the building society or house deeds copy would be good if parents rent then tenancy agreement and letter from landlord giving permission for you all to live there. Put in some utility bills with parents name on
  12. HONEST DAVE
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    HONEST DAVE Active Member

    John I'm so surprised this does not raise a Red Flag with most of the members here? If this had been your Daughter or Niece, I'm sure there would be a stern warning from yourself not to get involved is this situation and advice given on the prospect of taking on a Filipino Male Spouse? they are just about as opposite as you can get from their Female counterparts, the worst of them are the ones that do not work to just laze around sponging off their parents, it is also well known that many of them are prone to treating their women with a lack of respect and also prone to anger and violence when things do not go their way, of course many Foreigners are also like this but not quite to the same degree as that of a Pinoy I'm sure we have all heard accounts of this from many sources.

    There is a time for brutal honesty and everyone here should be doing their best to highlight the difficulties with such a liaison as this and NOT be providing the shovel with which to dig themselves into a deep hole? this is near to an impossible situation and so highly unlikely to have a successful outcome?
  13. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    The OP(Keither) on this thread is male taking on potentially a male Filipino boyfriend @John Surrey responds in the post you quote to kuroneko who is a Filipino female talking about her non stated nationality boyfriend.
    Daughters and nieces don’t come into the relationship equation on this thread hence no red flags (if required)
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  14. HONEST DAVE
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    HONEST DAVE Active Member

    Daughters and Nieces may not apply in this one instance and that was not obvious to me I can be a Cupid auld Stunt at times? however had it been a Nephew 'hence no red flags' ? this comes with exactly the same warning from me, actually many Gay boys there in PH seem to have some mental health issues, so I do wonder if you are just trying to split hairs here??? any Foreigner having lived for a some years in the Philippines (this obviously does not apply to you) knows full well just how bad these Pinoy's can be and would strongly advise against any member of their Family not (no matter what their gender is) to get involved with one and yet most of the posts on this thread are actually encouraging this situation??????????

    Ex-Pat forums contain so much useful information, however there does tend to be many members that give their free advice, they are not using it themselves wanting to give it away to get rid of it so it seems?

    As for myself having lived in PH for 8 years in a few different locations in more than one relationship I think it fair to say I know the lay of the land there, added to that I did make quite a few stupid mistakes in my time there and served my 8yr Apprenticeship, but for you looking from the outside in I would suggest there is so much you do not know about Ex-Pat life there or the day to day life of a Filipino.
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  15. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Yes your probably right in the part of the content in your first paragraph of your response and you certainly come across as such.
    The rest of your response is hilarious but only in parts
    Last edited: Nov 5, 2023
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  16. bigmac
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    bigmac Well-Known Member Trusted Member

    Dave--@which person are you referring to ? The original post was over 3 years ago.
  17. PhilPensioner
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    PhilPensioner Active Member

    Why some people live amongst people they clearly despise, I have no idea.
    Of course maybe I'm clueless, after living and visiting here for 33 years. :erm:
    • Winner Winner x 1
  18. John Surrey
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    John Surrey Well-Known Member

    I was simply replying to #9, kuroneko,Oct 25, 2023 - not sure what Dave is going on about :D
  19. HONEST DAVE
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    HONEST DAVE Active Member

    Sorry John if I offended you, I guess I may have been both assuming too much and perhaps over generalising for want of a better description, but the point I was trying to get over is; certain circumstances are highly unlikely to work all that well there or here in the UK for the long term, such as older western girl or Gay person meets young irresponsible Pinoy which most of them are having no money and no Job speaks volumes for this type of person? and thinks to bring him over to UK? Pinoy's are known for not being all that loyal in any relationship as soon as they see the greener grass on the other side of the fence they are gone, in my opinion for anyone to get in tow with a Pinoy they are courting disaster, it is the Pinays that work the hardest to make a relationship work over there.

    In my time living there in PH I have known so many Foreign men to have failed relationships often these are when an older man and a young girl perhaps in her twenties gets together, great at the outset, for once in that young girls life she has financial security, but often this does not work in the long term if she is deprived of having children. A relationship where the couple have a lesser age gap has a much better chance to work and even better if the female is past child bearing age in their early 40's, to be honest I have played many a fine tune on these old Milfs.

    Perhaps I should point out I do like Filipinos both Male and Female and I did enjoy the time I had there even when building the house, though I was not all that well prepared for was to unfold during this time, I foolishly expected the Pinoy construction workers to make some decisions and to be able to assist me in any of the choices I had to make, not having ever had any real experience in house building myself I was hoping they would be able to take up the slack, in reality they were all quite useless as construction tradesmen, nice guys but totally useless at their trades, as my workers were a family group living next door to our rental I was to find out if they had an argument with the Wife they would take the day off the following day, or if a storm was to pass through they would all be off for a couple of days to put the roofs back on their houses. For all that I have said about the Pinoy's they were not bad men and I did get on well with them, however I would not want any of them to pair up with any of my relatives.

    I will be returning this month for a two months stay to visit my young Son and his Mum if I see you in the Pub John I will buy you a Pint as some ways to an apology, for a Scotsman this is equivalent to the Widows Mite.
  20. John Surrey
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    John Surrey Well-Known Member

    Thank you @HONEST DAVE , not offended at all... always interesting to get your thoughtful and experienced insight on these matters -

    Either I'm too old or I've been using forum's too long now to take anything anyone says on it too seriously!

    Anyway, I see what you mean... And in 99 out of 100 cases you're right! My wife often likes to remind me of my shortcomings and what a martyr she is... thankfully she's still with me.

    "I foolishly expected the Pinoy construction workers to make some decisions and to be able to assist me in any of the choices I had to make..."

    Yeah it doesn't work like that here - if you want decision making and assistance with choices you need an Engineer and/or Architect and maybe even the Priest! The average Pinoy construction worker tends to focus on one task... bending steel, mixing mortar or concrete, laying block etc. Ask them to step out of their comfort zone, do less or more... and it's like: 1) I need training before I can do that and/or 2) I don't want to do that coz you'll blame me if I cock it up.

    You're very unlikely to find me at the Pub here... As I discovered a very long time ago, the problem with the "bar" here is: 1) they tend to attract the wrong type of girls... (definitely not ones my Church-going-wife wants me seen with) and even worse, 2) the gf/partner of the "kano" often uses his "bar/pub time" (which she encourages) to catch up with her filipino hubby or bf! :D

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