What is adequate maintenance?

Adequate maintenance is a financial test in the UK Immigration Rules. After income tax, National Insurance and housing costs, a family must have the income it would have if it received Income Support. It is used for some family visas, including partners whose sponsor receives certain disability or carer benefits, instead of the minimum income requirement.

How adequate maintenance works

Adequate maintenance is a financial test that sits beside the minimum income requirement. The Immigration Rules define the word “adequate” for any maintenance and accommodation requirement. It means that, after income tax, National Insurance and housing costs, the person or family has the income they would have if they received Income Support.^{[1]Home Office, Immigration Rules: introduction (paragraph 6 definitions)}

The Rules do not set a pound figure. The Home Office guidance says the level depends on the case and on the number of people in the family unit. If dependants will come to the UK or stay with the applicant, there must be enough for the whole family unit, whatever their nationality or immigration status.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

For a partner whose sponsor receives one of the listed benefits, the requirement is that the partner can maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds. This appears in the partner rules for both entry clearance and leave to remain.^{[2]Home Office, Immigration Rules Appendix FM: family members} GOV.UK says the caseworker considers the family’s income and housing costs.^{[5]Home Office, Family visas: Financial requirements if you are applying as a partner or spouse}

Who has to meet it

The Home Office guidance lists the categories that must show adequate maintenance:^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

It is not a requirement on the 10-year partner and parent routes, on private life applications or where an application is made outside the Rules on the basis of exceptional circumstances.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

The listed benefits for a partner are Disability Living Allowance, Severe Disablement Allowance, Industrial Injuries Disablement Benefit, Attendance Allowance, Carer’s Allowance, Personal Independence Payment, Armed Forces Independence Payment or Guaranteed Income Payment, Constant Attendance Allowance, Mobility Supplement or War Disablement Pension, Police Injury Pension and the Scottish equivalents. GOV.UK says a partner receiving one of these does not need to meet a minimum income requirement.^{[5]Home Office, Family visas: Financial requirements if you are applying as a partner or spouse} A partner who stops receiving the benefit must meet the minimum income threshold at the next application stage.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

How the Home Office calculates it

The guidance sets out a formula. A minus B must be greater than or equal to C.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

• A is the weekly net income, after income tax and National Insurance
• B is the weekly housing costs, such as rent or mortgage plus Council Tax
• C is the weekly amount an equivalent British family of that size could receive in Income Support

Net income includes benefits the person currently receives, but not third-party support. Any future benefit entitlement after arrival in the UK does not count. Personal debt is not deducted. Only housing costs are.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)} Decision-makers use the Income Support rates that apply on the date of their decision.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

Cash savings can be used instead of income or as well as income. The total is divided by the number of weeks of leave that would be granted, or by 52 for indefinite leave to enter or remain, and added to weekly income. If the savings figure moves during the 6 months before the application, the lowest figure is used.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)} Appendix FM-SE sets the same rule for how savings are held and evidenced.^{[3]Home Office, Immigration Rules Appendix FM-SE: family members specified evidence}

Example

Mr X sponsors his wife and 2 children. His weekly net income is £460.17 and his rent is £150 a week with no Council Tax. This is the Home Office guidance’s own worked example.

• A minus B: £460.17 minus £150 = £310.17 a week
• C: the Income Support amount for a couple and 2 children on the date of the decision

The guidance example uses £246.36 for C. That figure was an example only, and the rate changes. If the result of A minus B is at least C, the requirement is met.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

Now suppose he also holds £3,000 in savings, held for 6 months, and the wife applies for leave to remain for 30 months, which is 130 weeks. The guidance divides £3,000 by 130 to give £23.07 a week, which is added to the weekly income.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)}

What people get wrong

Adequate maintenance is often confused with the minimum income requirement. It is a different test. It measures weekly money left after housing costs against the Income Support level, and it has no £29,000 figure.

One consequence is on savings. For the minimum income requirement only savings above £16,000 count. For adequate maintenance the guidance says all cash savings that meet the rules can count.^{[4]UK Visas and Immigration, Family Migration: Appendix FM and Adult Dependent Relative - Adequate maintenance and accommodation (caseworker guidance, version 13.0)} Another is evidence. A partner relying on a listed benefit must provide official documents from the Department for Work and Pensions, Social Security Scotland or the relevant authority, and at least one personal bank statement from the 12 months before the application showing the payment.^{[3]Home Office, Immigration Rules Appendix FM-SE: family members specified evidence} Employed applicants need a letter from the employer and 6 months of payslips and bank statements.^{[3]Home Office, Immigration Rules Appendix FM-SE: family members specified evidence}

The bottom line

Adequate maintenance asks whether a family has at least the income level it would receive on Income Support once tax, National Insurance and housing costs are taken off. It replaces the minimum income requirement for a defined group, including partners of sponsors on certain disability or carer benefits. The formula is fixed, the benefit rates move, and the evidence rules in Appendix FM-SE decide what can be counted.