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application on hold since last year...please help

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isma91
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application on hold since last year...please help

Post by isma91 » Tue Mar 11, 2014 11:48 am

hi my husbands application has been put on hold since april 2013....I am exempt from the minimum income threshold as I am a carer and also we have a two year old son...after inquiring they said that at this time the application has been denied due to lack of funds but has been put on hold because the high court has still to make a decision.

my question is should I wait for the high court decision or withdraw his application and re apply as I believe I have sufficient funds now. please I really need help and would really appreciate an answer.. :(

MPH80
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Re: application on hold since last year...please help

Post by MPH80 » Tue Mar 11, 2014 2:31 pm

Regardless of the high court decision we can expect an appeal to the supreme court - and even then someone might decide to try and head to the ECHR. We might have another year before we're certain as to what all this means.

So - based on that - if time is of the essence for you and you are certain you now qualify - you should withdraw and reapply.

isma91
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Re: application on hold since last year...please help

Post by isma91 » Tue Mar 11, 2014 6:29 pm

MPH80
thank you for your response..just another question I am on the following benefits weekly -
carers allowance - £59.75
child tax credit - £61.61
income support- £45.25
child benefit - £20.30
total - £186.91
savings held for more than 6 months - £5000 my account -£1500 in husbands account in Pakistan

do you think this will be sufficient to funds for a couple and 1 child

the letter they sent me had no other points just the funds...if you would like to see the letter I will copy and paste it as I cant attach it for some reason....thank so much for your time.

MPH80
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Re: application on hold since last year...please help

Post by MPH80 » Tue Mar 11, 2014 6:54 pm

You should run the calculation yourself. This is the document that explains how an ECO should calculate 'adequately maintained':

https://www.gov.uk/government/uploads/s ... enance.pdf

See section 5.1.

isma91
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Re: application on hold since last year...please help

Post by isma91 » Tue Mar 11, 2014 7:54 pm

thank you according to this I am £20- £30 over if I divide our saving by 130 weeks.
so I am goint to withdraw and re apply.

isma91
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Re: application on hold since last year...please help

Post by isma91 » Wed Mar 12, 2014 3:06 am

another question I am currently living with family but if I rent a property and start getting housing benefit will that affect my husband application in any way...thank you would really appreciate a answer as I am confused.

SoHopeful
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Re: application on hold since last year...please help

Post by SoHopeful » Wed Mar 12, 2014 9:42 am

If you receive carer's allowance were you not exempt from meeting the financial requirement in the beginning? Could you not send more evidence to support your circumstances rather than reapply?

isma91
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Re: application on hold since last year...please help

Post by isma91 » Wed Mar 12, 2014 5:18 pm

im not sure...this is the email they sent my husband -

"Your application for entry clearance under paragraph EC-P of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as she is in receipt of DLA. In order to meet the requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds. However, your sponsor has no source of income other than public funds. Furthermore, the bank statements submitted do not show an ongoing balance that suggests that she will be able to support you both and your dependents without recourse to public funds. I note that the higher balance at the time of application is apparently due to the sponsor selling her own possessions – although I am not satisfied that this is not simply a short-term deposit aimed at temporarily inflating the sponsor’s bank balance for the sake of this application. Either, way, it does not suggest a sponsor who is in a position to support her partner and child without recourse to public funds.
Therefore, I am not satisfied that you and your sponsor are able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal. Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.
In the meantime, if by 23rd November 2013 you submit any further information or document(s), it must relate directly to the reasons given above as to why you do not meet the income threshold requirement. It must also relate only to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period(s) prior to that date. If, on the basis of this further information or document(s) and otherwise, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.
You can submit further documentation to us via courier, using the postal address above, or via one of our Gerry’s visa application centres. Please ensure that documents sent to us comply with the guidance online in relation to supporting documents. You should also include a covering note quoting your reference number (found at the top of this letter), so that we can identify your case. Evidence should be submitted in original format and thus emailed copies of documents will not be considered as part of the application process.
Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (e.g. in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee."

sorry for the long copy and paste I am unable to attach the document.

SoHopeful
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Re: application on hold since last year...please help

Post by SoHopeful » Thu Mar 13, 2014 10:13 am

Ah the deadline has passed to submit further information so it looks as though you will have to reapply again. Maybe someone else can help you to understanding the wording of the refusal though as I thought once you are in receipt of carers allowance and show proof of this, that's all they require...

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ALKB
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Re: application on hold since last year...please help

Post by ALKB » Thu Mar 13, 2014 10:42 am

SoHopeful wrote:If you receive carer's allowance were you not exempt from meeting the financial requirement in the beginning? Could you not send more evidence to support your circumstances rather than reapply?
She still has to satisfy the requirements for adequate maintenance.

isma91
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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 13, 2014 11:48 am

does anyone know of a good lawyer or solicitor in Stoke-on-Trent or surrounding areas who can help me to prepare documents for me to re apply..

isma91
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Re: application on hold since last year...please help

Post by isma91 » Sun Mar 16, 2014 10:21 pm

hi does anyone know how I withdraw the application and how long do the take to return documents...sorry if its a silly question

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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 20, 2014 1:25 pm

thank you every one for your help I recently sent an email to the embassy in Islamabad embassy asking them if I am able to send my recent bank statements as I now have sufficient funds to support my husband... they sent my a reply today saying that if I have any documents to support our application to immediately send them in...please could some one tell me how should I write the supporting letter which I am going to send with my bank statements of last 6 months.....I would really appreciate a quick response as they have asked for the statements urgently...please ...

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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 20, 2014 2:42 pm

please help.:(

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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 20, 2014 5:19 pm

isma91 wrote:please help.:(

zia123
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Re: application on hold since last year...please help

Post by zia123 » Wed Mar 26, 2014 9:22 pm

Unfortunately I can't help u for what u are asking but can I ask a question as I'm in very similar situation. How do you meet the financial requirement in figures now then before. Didn't you show before that u had 5000 in your account ??? And with the formula a-b>c you should be OK I think and if u were then why did he refuse ??? Thanks

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Re: application on hold since last year...please help

Post by isma91 » Wed Mar 26, 2014 10:28 pm

I had put into my account £2000 which I got from selling jewellery I attached the receipt and explained where the money came from I was advised from my solicitor the it would not be a problem...however when I asked for an update of my husband application the only point for refusal was that they said that they are not convinced that the lump sum of money is mine...I have now saved up and have £5000 which I have held in my account for more than 6 months.

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Re: application on hold since last year...please help

Post by zia123 » Wed Mar 26, 2014 10:31 pm

As our case is very similar someone advised me that don't even get into savings as it would just complicate things more plus you already meet the maintenance requirement anyways

isma91
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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 27, 2014 2:04 am

im on carers allowance so I am exempt from the minimum income threshold but I still need to show that I can maintain both my husband and son to do that I have to show I have a weekly income of over £180(I cant remember the exact figure)after rent/mortgage and council tax I couldn't do that with just my benefits and carers allowance so I had to also include my savings.

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Re: application on hold since last year...please help

Post by zia123 » Thu Mar 27, 2014 2:08 am

But how couldn't you do that with the same benefits it should be okhttp://www.immigrationboards.com/immigration-f ... 04025.html
Read ambers reply to flozo kind of same benefits with yours ?

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Re: application on hold since last year...please help

Post by zia123 » Thu Mar 27, 2014 2:19 am

Plus you don't even have rent cos u live with your parents

isma91
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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 27, 2014 4:07 am

£113.70 for couple
£17.45 family premium
£66.33 dependant child
= £197.48

my income after adding all the benefits and carers allowance is £187, I don't have a part time job so I have to cover the remaining with my saving by dividing them by 130 so that it gives me a weekly figure which is bigger than that stated

zia123
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Re: application on hold since last year...please help

Post by zia123 » Thu Mar 27, 2014 7:20 am

What is this family premium and why do you have to pay it ? Why are so many people not including family premium when they calculate there's. For example in our example of flozo even amber the moderator didn't even mention it. I know one of my wife's friend got a visa recently and she didn't include it in our calculation plus she didn't even calculate in hers even though she had children from previous relationship. Thnx

isma91
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Re: application on hold since last year...please help

Post by isma91 » Thu Mar 27, 2014 8:53 am

the family premium is a part of the public fund you would get if you were a british couple with a child/children theses are the figure what the uk govt says we need to live on...I don't know why you friends didn't include it in their calculations..most likely they also had a part time job which included with their benefits covered the income for adequate maintenance.

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Re: application on hold since last year...please help

Post by zia123 » Thu Mar 27, 2014 9:05 am

But they don't work either. Is that because your husband is not in the country ?

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