Adequate maintenance
Produced in partnership with Jo Renshaw of Turpin & Miller LLP
Adequate maintenance

The following Immigration guidance note Produced in partnership with Jo Renshaw of Turpin & Miller LLP provides comprehensive and up to date legal information covering:

  • Adequate maintenance
  • Specified benefits
  • Assessing the adequacy of the funds available
  • What income can be taken into account—the differences between ‘adequate maintenance’ under Appendix FM and under Part 8
  • Appendix FM—specified evidence for non-benefit(s) income
  • Appendix FM and Part 8—relying in whole or in part on cash savings
  • Part 8—prospective employment and job offers
  • Part 8—third party support

For partners and children applying under Appendix FM where the sponsoring partner is receiving one or more specified benefits, there is no minimum income requirement for the five year route to settlement, and the relevant financial test is that of ‘adequate maintenance’. This is also the requirement for partners and children who are applying under Part 8 of the Immigration Rules, although there are key differences in relation to the treatment of third party support and offers of employment under Appendix FM.

Specified benefits

The 'specified benefits' listed in the partners and children categories of Appendix FM are:

  1. disability living allowance

  2. severe disablement allowance

  3. industrial injury disablement benefit

  4. attendance allowance

  5. carer’s allowance

  6. personal independence payment

  7. armed forces independence payment or guaranteed income payment under the armed forces compensation scheme

  8. constant attendance allowance, mobility supplement or war disablement pension under the war pensions scheme

  9. (for decisions taken on or after 6 April 2017) police injury pension

If the sponsoring partner is in receipt of any of these benefits at the time of application, the minimum income requirement is replaced by the requirement to provide evidence that they are able to maintain and accommodate themselves, the applicant partner and any other dependants adequately in the UK without recourse to public funds.

The Home Office confirmed to Lexis®PSL Immigration that Statement of Changes, HC 667