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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.
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  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..

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