• MAA1 Who has to meet the maintenance and accommodation requirements?
• MAA2 Public funds
• MAA3 What if the applicant has been in receipt of public funds during previous stays in the UK?
• MAA4 Maintenance: General requirements
• MAA5 What evidence of maintenance is required?
• MAA6 Accommodation: general requirements
• MAA7 Maintenance and accommodation: fiancé(e) / proposed civil partner
• MAA8 maintenance & accommodation: spouse / civil partner / unmarried or same-sex partner
• MAA9 Maintenance & accommodation: dependant
• MAA10 Assessing adequate means of maintenance
• MAA11 Assessing adequate accommodation
• MAA12 Legally owned or exclusively occupied
• MAA13 Adequacy of accommodation
• MAA14 Overcrowding
• MAA15 Undertakings

See other guidance information Common Travel Area (CTA) Crew Members (CRM) - Aircrew Crew Members (CRM) - Seafarers ECAA referrals guide Entry Clearance Guidance - General Instructions Entry Clearance Guidance Documents Exempt (EXM) Medical Issues (MED) Referrals / Deferrals (RDF) Right of Abode (ROA) Useful links to points-based guidance Work (WRK) - Work Permit Holder Dependants  

MAA1 Who has to meet the maintenance and accommodation requirements?

The majority of the Rules require applicants to be able to be maintained and accommodated (and any of their dependants) without additional recourse to public funds.

The guidelines deal particularly with the Rules on fiancé(e)s, spouses / civil partners / unmarried partners / same-sex partners and dependants.  However, much is applicable to persons coming to the UK for temporary purposes.

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MAA2 Public funds

UK Border Agency: Public funds

There is no objection to the British citizen/settled sponsor receiving any public funds to which he/she is entitled in his/her own right.

Details on current benefit and tax rates (means and non-means tested)

The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on the state because they don't have sufficient means of their own will find it difficult to support another person for any length of time.

The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter granted. 

Bear in mind that in some exceptional cases an applicant may be able to claim in their own right the public funds listed. This is either as a result of reciprocal arrangements between the UK and their home country, or as a result of the fact that they will be married to / living with a British citizen /EEA national.  Where these exceptional circumstances apply, the applicant should not be treated as having recourse to public funds.

For more detailed guidance on this please read:
Immigration directorate instructions: Chapter1 Section 7

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MAA3 What if the applicant has been in receipt of public funds during previous stays in the UK?

This does not necessarily mean that an application must be refused. However, this may indicate a failure to observe previous conditions attached to a grant of leave to enter.

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MAA4 Maintenance: General requirements

There is no explicit minimum figure for what represents sufficient maintenance. If dependants of the main applicant are going to accompany him / her to the United Kingdom, resources must be available for the whole family unit to be maintained.

The ECO should bear in mind the position taken by the UK Asylum and Immigration Tribunal (UKAIT):

In 2006, the UKAIT  in UKAIT 00065 KA and Others (Pakistan), strongly suggested that it would not be appropriate to have immigrant families existing on resources that were less than the Income Support level for a British family of that size.
More information is available on the British & Irish Legal Information Institute website (BAILII)

If it is more likely than not that the total amount that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

Maintenance may be provided by either:

• The applicant with their own funds or with funds available to them; or
• The sponsor; or
• A combination of applicant and sponsor funds.
  

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MAA5 What evidence of maintenance is required?

For applicant's and / or sponsor's funds:

• Statements covering at least 3 months
• Are there regular transactions?
• Are the funds immediately available?
• Large deposits with no evidence of normal transactions need careful examination.

The extent of the evidence required will depend on the circumstances of the case, with some applicants required to produce more detailed evidence of funds available.

Where there is doubt that the funds will be at the disposal of the applicant, the ECO may ask them for a written undertaking.

For further guidance, see ECB12 Undertakings.  This includes circumstances for refusal, the prescribed undertakings form (see link below), and the recovery of Income Support from sponsors by the DWP.

Maintenance and Accommodation undertaking

 

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MAA6 Accommodation: general requirements

The ECO must be satisfied as to:

• The availability and adequacy of accommodation (see MAA14 below).
• That (where applicable) the permission of the owner of the accommodation has been given
• No additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds. (see guidance on public funds - MAA2)

More detailed guidance on accommodation undertakings is given in ECB 12.

 

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MAA7 Maintenance and accommodation: fiancé(e) / proposed civil partner

A person being admitted as a fiancé(e) / proposed civil partner must have adequate maintenance and accommodation without additional recourse to public funds. 

Points to consider for Maintenance:

• The applicant is prohibited from employment for a period not exceeding 6 months to enable the marriage to take place.
• The applicant may obtain financial assistance from a relative or friend in the UK to ensure adequate maintenance until the marriage / civil partnership; but there should be no dependency on such assistance after the marriage / civil partnership as the Rules require that the couple then maintain themselves. 
• Evidence that plans for obtaining employment in the UK (applicant and / or sponsor) are reasonable and realistic.  In the case of the applicant, evidence of arrangements for a specific job is not necessary.

Points to consider for accommodation:

• Before the marriage / civil partnership it is acceptable for the applicant to have arranged temporary accommodation with family or friends for the period before the marriage / civil partnership.
• Applicants may not always be clear about the accommodation available to them after the marriage / civil partnership.  However, the ECO must be satisfied that the couple have reasonable prospects of obtaining adequate accommodation which they own or occupy exclusively (see MAA12).

 

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MAA8 maintenance & accommodation: spouse / civil partner / unmarried or same-sex partner

Under the Rules a person being admitted as a spouse / civil partner /  unmarried or same-sex partner must have adequate maintenance and accommodation for both parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively (see MAA12).

Points to consider:

• It is the ability of the couple together to meet the requirements, which the ECO will need to take into account.
• The applicant should be able to produce reasonably firm plans for the foreseeable future. 
• Have they some idea of the employment which they will be seeking (if not already arranged) or any other way in which they will be able to maintain themselves?
• If members of the couple’s families in the UK offer to maintain the couple adequately until they can do so from their own resources, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.  
• Have adequate arrangements for the couple’s accommodation for the foreseeable future been made?
  

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MAA9 Maintenance & accommodation: dependant

According to the Rules, children (Paragraph 297), adopted children (Paragraph 310) and other dependants (Paragraph 317) e.g. parents, grandparents, must be provided, without recourse to public funds, with adequate maintenance and accommodation which the sponsors own or occupy exclusively (see MAA12).

These requirements apply only to children included in an application, e.g. a child applying with a parent, not to other children who might travel at a later date.

Accommodation need not be available exclusively for a dependant in the same way that the Rules require for a spouse / civil partner / fiancé(e) / proposed civil partner / unmarried or same-sex partner. However the ECO  must be satisfied that the provision of accommodation for a dependant in the UK is reasonable and will not cause overcrowding (as described below), otherwise refusal of entry clearance will be appropriate.

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MAA10 Assessing adequate means of maintenance

The following list, which is not comprehensive, is intended as a guide to the factors which may need to be considered when assessing means of maintenance:

• the applicant’s past and current employment;
• do the applicant’s / sponsor's educational qualifications and any other skills or qualifications offer a reasonable chance of obtaining employment? If so, that should be viewed as sufficient to meet the maintenance requirement without having to make further enquiries.
  
• the sponsor’s current or proposed employment; 
• any plans the applicant has for employment in the UK; 
• What is the unemployment situation in the area in which the couple intend to settle? High unemployment in a particular area or amongst a certain age group with particular skills (or lack of them), is not in itself sufficient to show that the maintenance requirement has not been met. It would be a relevant factor if the couple’s plans were not realistic or if they did not have any skills or qualifications.
• any arrangements which have been made, or could be made, by the sponsor, any other relatives, friends or contacts in the UK in connection with the plans for employment; 
• satisfied that job offers are genuine and the work likely to last for the foreseeable future?
• any support which will be forthcoming from others.
  

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MAA11 Assessing adequate accommodation

The ECO should be satisfied that the accommodation complies with the following requirements:

• it is (or will be) owned or legally occupied for the exclusive use of the couple (see definition in section below); and
• it is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985 (see MAA14).

Depending on the circumstances of the case, there may be other relevant factors; for example, the ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting (see below).

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MAA12 Legally owned or exclusively occupied

The ECO should consider the basis of the availability and security of tenure of the accommodation. Factors to be taken into account will include:

• the ownership of the property and/or the duration of a lease;
• how much security the terms of any lease gives and whether it could be terminated at short notice; 
• whether any lease enables the tenant to sublet to the couple or take them in as lodgers.

If the accommodation is not owned by the couple (or one of them), the Rules require that there be adequate accommodation which is for their exclusive use. This need not be as elaborate as a self-contained flat. It is acceptable for a couple to live in an existing household, e.g. that of a parent, uncle, aunt, sibling or friend, as long as they have at least a bedroom for their exclusive use.

If the couple have children with them there must be additional adequate accommodation for them (see MAA14 for maximum numbers of persons allowed).

 

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MAA13 Adequacy of accommodation

The ECO's judgement should be based on the evidence from the applicant.
If the ECO is not sure of the credibility of the applicant, he/she should ask to see a letter from the owner of the property (which may be a housing authority, housing association, landlord or a building society). This should confirm particulars of tenure and occupation of the dwelling, together with a description of the accommodation and, if rented, a copy of the lease.

The onus is on the applicant to provide confirmation that there is no objection to an additional resident moving into the accommodation.

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MAA14 Overcrowding

Residential housing

The Housing Act 1985 contains statutory definitions of overcrowding in residential housing.  The ECO should bear in mind, as Pakistan 2004 UKAIT 000066 says, that adequacy of accommodation must be assessed on an individual basis. It is not enough to equate adequacy with overcrowding.

A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room. The Act also details the maximum number of people allowed for a given number of rooms or a given room floor area.

Account is taken only of rooms with a floor area larger than 50 square feet and rooms of a type used either as a living room or bedroom.

Rooms such as kitchens or bathrooms are excluded.

Under the Housing Act, the number of people sleeping in accommodation must not exceed the following:

Number of rooms	Maximum number of people allowed
1 2 3 4 5 Each additional room in excess of 5	2 3 5 7.5 10 An additional 2 people

For the purpose of the Act:

• a child under one does not count as a person.
• a child aged 1-10 years counts as only half a person.

Houses in multiple occupation
Separate overcrowding regulations exist for houses in multiple occupation (HMO). These include houses occupied by persons not forming a single household. This wide definition covers not only hotels and hostels but also houses lived in by 2 or more couples of different generations where they do not share common facilities.

Local authorities have the power to serve an overcrowding notice in respect of an HMO to specify the maximum number of people who may sleep per room. The local authority can also set a limit on the number of people in a house, or prevent further new residents, and require the provision of extra facilities.

If an overcrowding notice makes an occupier homeless, the local authority may be forced to provide alternative accommodation under the Housing Act 1985.  Such accommodation counts as public funds (see MAA2).

If Posts issue guidance to applicants on accommodation, they should make it clear that any qualified body independent of the applicant or sponsor may prepare a report confirming the status of the proposed accommodation, e.g. size, occupiers etc.

Only where overcrowding seems likely, and there is no other way of determining this, should an ECO need to write the local authority or landlord, or ask the applicant to provide such evidence.

The ECO should be aware that some local authorities have objected to providing information on housing standards in immigration applications.

Letters to local authorities should be written in the following terms:

Name of applicant The above-named has applied for .................................................................. to come to the United Kingdom for settlement as........................................................................... .................................. ......of ................................................................................................. ............................................................. ................. whose address is given as ................................................................................................. ............................................................. ................................................................................................. ............................................................. ................................................................................................. ............................................................. Before I can grant the entry clearance asked for, I am required by the Immigration Rules to be satisfied that the applicant can maintain and accommodate himself/herself, or be maintained and accommodated without recourse to any of those public funds mentioned in the Immigration Rules, i.e. housing under Part III of the Housing Act 1985 and income support, family credit, council tax benefit and housing benefit under Part VII of the Social Security Contributions and Benefits Act 1992. From the information I have it appears that the address at which the applicant says he/she is going to live is a house in multiple occupation within the meaning of the Housing Act 1985. It would be helpful to me to know whether your authority would regard the arrival of the applicant as causing overcrowding and whether you would consequently have to provide emergency housing under Part III of the Housing Act 1985 if the applicant were to remain living at the address. I should emphasise that I am seeking your voluntary help. If, for any reason you are unable to provide the help I am seeking, I would be grateful if you could let me know as soon as possible so that my decision in the case should not be unnecessarily delayed.

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MAA15 Undertakings

Guidance on undertakings for maintenance and accommodation is available in our ECB12 guidance.
 

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