The “adequate maintenance” financial requirement for a UK family visa is an alternative route to the standard minimum income threshold. The fundamental principle is that the applicant and their dependants must be adequately maintained and accommodated in the UK without recourse to public funds. This is assessed by comparing the family’s weekly net income (after tax and National Insurance) with their weekly housing costs and the amount they would receive if they were on Income Support.
Who can use the adequate maintenance route?
This route is only available if the UK sponsor is in receipt of one or more of the following “specified” benefits:
- Disability Living Allowance
- Personal Independence Payment (PIP)
- Carer’s Allowance
- Attendance Allowance
- Armed Forces Independence Payment
- Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme
- Severe Disablement Allowance
- Industrial Injury Disablement Benefit
If the sponsor does not receive one of these benefits, they must meet the standard financial requirement, which as of April 11, 2024, is a gross annual income of at least £29,000 (this amount does not increase for children).
How to calculate “adequate maintenance”
The calculation for adequate maintenance is a formula that ensures your family’s weekly net income, after housing costs, is equal to or greater than the amount an equivalent British family would receive if they were on Income Support.
The formula is: A – B ≥ C
- A = Net weekly income: This is your total weekly income from all sources (employment, qualifying benefits, and other benefits) after income tax and National Insurance have been deducted.
- B = Weekly housing costs: This includes rent or mortgage payments and council tax. It does not include other utilities like gas or electricity.
- C = The weekly Income Support amount: This is the amount a family of your size and composition would be entitled to if they were receiving Income Support. The rates for this figure change, so it’s essential to use the most current rates.
Example Calculation (Illustrative rates):
Let’s assume the following:
- A (Net weekly income) = £300
- B (Weekly housing costs) = £120 (e.g., £100 rent + £20 council tax)
- C (Equivalent Income Support for a couple) = £114.85
In this case:
Since is greater than , the adequate maintenance requirement is met.
Documentation required
To prove you meet the adequate maintenance requirement, you must provide comprehensive evidence, which typically includes:
- Benefit award letters: Official letters from the Department for Work and Pensions (DWP) or other relevant bodies confirming the type, rate, and duration of the qualifying benefit.
- Bank statements: At least six months of bank statements showing the receipt of benefits and other income.
- Evidence of income: Payslips and a letter from your employer (if applicable).
- Housing evidence: A tenancy agreement or mortgage statement, and council tax bills to prove your housing costs.
Accommodation Requirements
In addition to adequate maintenance, you must also demonstrate that you have adequate accommodation that is:
- Not overcrowded, according to the Housing Act 1985.
- Not in breach of public health regulations.
- Owned or exclusively occupied by the family.
This means you need to provide evidence of your living arrangements, such as tenancy agreements, mortgage statements, or letters from landlords/property owners.
Key differences from the standard financial requirement
- Fixed amount vs. tailored calculation: The standard route requires a specific gross annual income (£29,000 as of April 2024), while the adequate maintenance route is a tailored calculation based on your individual circumstances.
- Source of income: The adequate maintenance route allows you to use all sources of income, including benefits, to meet the threshold. The standard route is more restrictive.
- Cash savings: With the adequate maintenance route, there is no set minimum amount of savings you need to hold, unlike the standard route which has a complex formula for cash savings. You can use savings in addition to income to meet the requirement.
- Net vs. Gross: The adequate maintenance calculation uses net income (after tax and National Insurance), whereas the standard route is based on gross income.
