1. Understanding the Minimum Income and Adequate Maintenance Requirements
On 11 April 2024, the minimum income threshold in respect of sponsorship under the family migration route was increased for new applicants from £18,600 to £29,000 as set out within Appendix FM of the Immigration Rules. This means that the vast majority of applications under Appendix FM will need to show that the minimum income requirement of £29,000 is met.
There are some categories within Appendix FM where the minimum income threshold does not apply. Instead, these categories will need to demonstrate that they are able to maintain themselves and any dependents 'adequately' without recourse to public funds.
2. Categories Subject to the Adequate Maintenance Requirement
The following categories remain subject to the adequate maintenance requirement:
- Entry clearance or leave to remain as a partner or dependent child whose sponsor is in receipt of a 'specified benefit';
- A parent applying for entry clearance or leave to remain as the parent of a child in the UK;
- Entry clearance as an adult dependent relative.
3. Specified Benefits That Qualify for Adequate Maintenance
A specified benefit is defined within Appendix FM and the Home Office's associated Immigration Directorate Instruction as:
- Disability Living Allowance;
- Severe Disablement Allowance;
- Industrial Injury Disablement Benefit;
- Attendance Allowance;
- Carer's 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;
- Child Disability Payment (Scotland);
- Adult Disability Payment (Scotland);
- Carer's Support Payment (Scotland);
- Pension Age Disability Payment (Scotland);
- Scottish Adult Disability Living Allowance (Scotland).
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.
Please note that if an extension application is made and the applicant's partner is no longer in receipt of a specified benefit, the adequate maintenance test will no longer apply and it will need to be shown that the minimum income threshold as above is met.
There is specified evidence which should be provided to demonstrate the receipt of the above.
4. Legal Definition of Adequate Maintenance
In accordance with the decision of the Asylum and Immigration Tribunal (as it then was) in KA and Others (Adequacy of maintenance) Pakistan [2006] UKAIT 00065 paragraph 6 of the Immigration Rules sets out the definition of 'adequate' and 'adequately':
'adequate' and 'adequately' in relation to a maintenance and accommodation requirement shall mean that, after income tax, national insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of income support.
There is, therefore, no fixed amount to be met as the level of income required will be very much fact specific.
5. Calculating Adequate Maintenance: The Ahmed Formula
In Ahmed (benefits: proof of receipt; evidence) Bangladesh [2013] UKUT 84 (IAC) the Upper Tribunal identified the following formula to be used when calculating whether there will be adequate resources available:
A – B ≥ C
(A minus B is greater than or equal to C)
where:
A: is the projected income;
B: is what needs to be spent on accommodation and;
C: is the income support (or equivalent) figure.
Personal debt, including loans and credit card debt, should not be taken into account in this assessment.
6. Example of Adequate Maintenance Calculation
To provide an example using the above formula Mr A makes an application for entry clearance to join his wife, Mrs A, in the UK. Mrs A receives a total weekly income of £310 after tax and national insurance have been deducted. Her accommodation costs are £120 per week (£100 for rent and £20 for council tax). On these facts, the parties will be able to maintain themselves adequately:
A: total income is £310;
B: accommodation costs of £120
A – B = £190
C: income support level for a couple aged 18 or over = £144.65 (according to figures correct at December 2025).
As Mrs A's income after accommodation costs have been deducted exceeds the income support level then there will be adequate maintenance available.
7. Sources of Income for Adequate Maintenance
The following sources of income will be taken into consideration when deciding whether there is adequate maintenance available:
- Income from salaried or non-salaried employment;
- Non-employment income, for example – income from property rental or dividend income;
- Cash savings held for at least 6 months prior to the date of application;
- State or private pension;
- Income from self-employment;
- Income as a director of a specified limited company in the UK;
- Income from Working Tax Credit, Child Tax Credit, Child Benefit or other income-related benefits.
Third party support, however, is not a permitted source of income and will not be counted as part of the application.
In addition, the evidential requirements set out within Appendix FM-SE of the Immigration Rules will apply. Therefore the applicant must ensure that all the specified evidence is provided and it is in the correct format.
8. Contact Our Immigration Barristers
If you would like further advice regarding meeting the adequate maintenance requirement under Appendix FM, or in relation to any other immigration category, please contact our immigration barristers on 0203 617 9173 or or complete our enquiry form below.
9. Frequently Asked Questions
How much income do I need to sponsor a family member?
Most applicants must show a minimum income of £29,000 per year. This ensures the family can be supported without relying on public funds.
Are there situations where the minimum income requirement doesn't apply?
Yes. Some applicants can rely on adequate maintenance instead of the £29,000 minimum, particularly if the sponsor receives a specified benefit.
What is "adequate maintenance"?
Adequate maintenance means the family has enough income, after tax and housing costs, to live at the level of someone on income support. There is no fixed amount, so it depends on your specific financial situation.
How is adequate maintenance calculated?
The Home Office uses the following formula:
Projected income – housing costs ≥ income support level
If your remaining income meets or exceeds the income support figure, you meet the requirement.
What types of income count towards adequate maintenance?
You can include:
- Employment or self-employment income
- Rental income, dividends, or pensions
- Tax credits or child benefits
- Cash savings held for at least six months
- Income as a director of a UK limited company
Third-party support is not accepted.
What evidence do I need to show I meet the requirement?
Applicants must provide documentation as set out in Appendix FM-SE, clearly showing income, savings, or receipt of specified benefits.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
