The Adequate Maintenance Criteria in Family Visa Applications

Most Family Visa applicants believe they or their sponsor must meet a minimum annual income threshold of £29,000 to qualify for a Family Visa. However, some Appendix FM visa applicants may be eligible under the appropriate maintenance criteria. This means their sponsors do not need to earn £29,000 a year to meet the Family Visa financial requirement.

In this article, our UK Immigration Solicitors explain the adequate maintenance criteria.

Contact OTS Solicitors for Family Visa immigration legal advice. 

What are the adequate maintenance criteria?

Most Appendix FM visa applicants must prove that their sponsoring partner earns at least £29,000 gross per year. The adequate maintenance criteria are an alternative financial threshold for some types of Family Visa applications.

If a visa applicant meets the adequate maintenance criteria, it means they have shown that their sponsor will be able to support them and any dependent family members adequately, without recourse to public funds.

The adequate maintenance criteria involve:

1. A sponsor receiving a specified state benefit, and
2. The sponsor demonstrating that they have an adequate income to support the visa applicant and any dependents without reliance on additional public funds.

There is no set figure for adequate maintenance. Instead, Home Office officials follow case law and mathematical formulas to determine whether the adequate maintenance criteria are met.

Visas and the adequate maintenance criteria

An applicant can qualify for one of these Family Visas if they meet the adequate maintenance criteria:

1. The Adult Dependent Relative Visa.
2. A Parent Visa.

State benefits and the adequate maintenance criteria

Family Visa applicants may qualify for a Family Visa under the adequate maintenance criteria (rather than the £ 29,000 minimum income requirement) if their sponsoring partner receives a specified state benefit. Not all state benefits qualify – the benefit must be on a specified list of qualifying benefits.

Qualifying state benefits for the adequate maintenance assessment

The immigration rules currently define the specified qualifying state benefits as:

1. Attendance Allowance.
2. Carer Allowance.
3. Constant Attendance Allowance.
4. Mobility Supplement or War Disablement Pension under the War Pensions Scheme.
5. Disability Living Allowance.
6. Industrial Injury Disablement Benefit.
7. Severe Disablement Allowance.
8. Personal Independence Payment.
9. The Armed Forces Independence Payment.
10. The Guaranteed Income Payment under the Armed Forces Compensation Scheme.
11. The Police Injury Pension.

If a Family Visa sponsor receives specified benefits in Scotland, their partner will qualify for a Family Visa if the sponsor receives one of these benefits:

1. Adult Disability Payment (Scotland).
2. Carer’s Support Payment (Scotland).
3. Child Disability Payment (Scotland).
4. Pension Age Disability Payment (Scotland).
5. Scottish Adult Disability Living Allowance (Scotland).

The calculation of adequate maintenance

Unlike the £29,000 income financial requirement for the Spouse Visa and Unmarried Partner Visa, there is no specific income figure for adequate maintenance. Instead, Home Office officials look at household income, deduct accommodation costs, and assess whether the balance exceeds the amount the family would receive in income support if eligible for the benefit.

Each visa application requires individual consideration, as the income support figure depends on the number of people in the household and the extent of the household's rent or mortgage.

When assessing whether a visa applicant meets the adequate maintenance criteria, a Home Office caseworker may include certain types of income in addition to the specified benefit the sponsor receives.

Permissible additional income sources and the adequate maintenance criteria

Permissible additional income sources include:

1. Income from employment.
2. Non-employment income, such as rent from a buy-to-let property portfolio.
3. Some types of income as a company director.
4. State pension.
5. Private pension income.
6. Some income-related state benefits, such as child benefit and tax credits.
7. Savings provided that the cash savings meet the strict immigration rules on how they are held.

In a first visa application, the visa applicant is not usually working in the UK, and their income cannot be considered. On a visa extension or settlement application, the applicant's employment income can be used to meet either the adequate maintenance criterion or the Family Visa financial requirement.

Extension and settlement applications and the adequate maintenance criteria

Applicants can use the adequate maintenance criteria in their Family Visa extension application or Indefinite Leave to Remain application, provided that their sponsor is receiving a specified benefit on the date of the extension or settlement application.

If an applicant’s sponsor is no longer receiving a specified benefit, the visa extension or settlement applicant can use their own income to fully or partially meet the £29,000 Family Visa financial requirement. This is not possible typically on a first Family Visa application.

Family Visa Solicitors in London

At OTS Solicitors, our Immigration Lawyers specialise in Family Visa applications, including:

1. Spouse Visas.
2. Unmarried Partner Visas.
3. Civil Partner Visas.
4. Fiance Visas.
5. Parent Visas.
6. Child Visas.
7. Adult Dependent Relative Visas.

Our Immigration Solicitors in London have an excellent track record in successful Family Visa applications. That’s mainly down to our attention to detail, thorough knowledge of UK immigration rules, and our ability to advise on the best content and evidence to help you or your partner secure their visa.

Our experience and expertise in Family Visa applications means we are often consulted after a family has had an application refused and needs specialist immigration legal advice on a fresh application, a Family Visa appeal or where a family has very specific or complex financial circumstances, such as former army personnel in receipt of disability related benefits or company directors in receipt of company dividends.

Our expertise in Family Visa applications, extension applications, and settlement after UK entry under Appendix FM is recognised by our inclusion in the 2026 editions of The Legal 500 and Chambers Guide to the Legal Profession.

Contact OTS Solicitors for fast, friendly Family Visa advice.

Appointments are available at our London office, by phone, or online. 

Our Immigration Lawyers in London speak Arabic, Armenian, Bengali, Farsi, French/Mauritian Creole, Gujarati, Hindi, Spanish, Tamil, Tagalog/Ilonggo, and Urdu/Punjabi. 

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