Spouse visa when the sponsor is on benefits: adequate maintenance

If the sponsor receives certain disability or carer's benefits, the £29,000 income rule does not apply. Instead, you show that the household will be "adequately maintained": that after tax and housing costs, your income is at least what an equivalent British family would receive on Income Support. For many couples this is a much lower bar than £29,000, and it is often missed.

The benefits that switch the test

The adequate maintenance test applies if the sponsor receives any of these:

• Personal Independence Payment (PIP)
• Disability Living Allowance (DLA)
• Attendance Allowance
• Carer's Allowance
• Severe Disablement Allowance
• Industrial Injuries Disablement Benefit
• 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
• In Scotland: Child Disability Payment, Adult Disability Payment, Carer Support Payment, Pension Age Disability Payment or Scottish Adult Disability Living Allowance

Universal Credit, Employment and Support Allowance and Child Benefit are not on the list, so receiving them does not switch the test on its own. The listed benefit must be paid to the sponsor.

How the test is worked out

The Home Office uses a weekly calculation:

net weekly income, minus weekly housing costs, must be at least the Income Support amount for a family of your size.

• Net income is the household's income after tax and National Insurance, including the sponsor's benefits and any earnings.
• Housing costs are rent or mortgage and council tax. Personal debts are not deducted.
• The Income Support amount is what a British couple, plus any children, would receive. The rates change each April.

Because of the way the sum works, a couple with low housing costs, for example living with family rent-free, can meet the test on benefits alone. A couple paying high rent may need some earnings or savings on top.

The evidence

• Benefit award letters for every benefit, dated recently, showing the weekly or monthly amount.
• Bank statements showing the benefits being paid in.
• Payslips or other income evidence for anything else you rely on.
• The tenancy agreement or mortgage statement, and a council tax bill, to show housing costs.
• If you live with family, a letter confirming what you contribute, if anything.

This is not a complete list. What you need depends on your circumstances, and the documents vary from case to case. Your solicitor will tell you exactly what applies to you.

Questions people ask