FINANCIAL REQUIREMENTS / DLA / ADEQUATE MAINTENANCE

[r4b]

hI, My wife was refused settlement visa UK under adequate maintenance by (Bangkok UKVI), I am on DLA so meet the financial requirements. I asked for an immediate review it has been refused and below i have included the email sent by the ECM Bangkok that we received today explaining. I find this to be incorrect from the research/ advice on this board and from others and on the UKVI website itself namely appendix fm chapter 8 1.7a paragraph 5, in which a person exempt from financial requirements has to refer to. Can anyone enlighten me if i have a case to pursue this matter legally perhaps in the courts if indeed the ECM/ECO at the Bangkok embassy are wrong. I have not appealed the visa refusal as i will meet my wife in Ireland and bring her to the UK this way and i am not throwing more money at the UKVI. But i have lost the near £900 and alot of energy time etc and i would expect to be refunded and also the ECM and embassy staff made accountable for their breach of office if they are incorrect of course. Any help advice would be appreciated. If indeed they are incorrect i will not just forget about it and move on. This if a mistake needs to be corrected for the future of applicants in the same situation. For the record my total income was £483 per week, DLA, ESA,CB,HB,CTC.

BELOW IS EMAIL SENT FROM EMBASSY

I note that you have completed and sent to us a form requesting that we undertake an Administrative Review of your visa application. We are not able to complete an Administrative Review (AR) of your visa application. An AR is only for the purpose of reviewing an application made under the Points-based System and cannot be requested for other applications. You were sent a Notice of Immigration Decision which stated the reasons for your visa application being refused. Included on this Notice were details of how you can appeal the decision if you wish to do so. To appeal a decision you must follow the correct procedure; please refer to the Notice if you wish to appeal the decision.

You have stated in your email that you believe the decision taken on your visa application to be unlawful and that your application fully met all the requirements of the UK’s immigration rules. More specifically, your husband has stated that he believes a mistake has been made in the calculations to assess the financial aspects of this application. Although your husband is exempt from the financial requirements due to his claiming Disability Living Allowance, there is still a requirement that you must demonstrate that you and your sponsor can maintain and accommodate yourselves adequately. The Notice of Immigration Decision clearly states the reasons for this refusal, including the fact that certain of your husband’s benefits are not permissible for inclusion in these calculations. This includes Employment Support Allowance, Child Tax Credit, Child Benefit and Housing Benefit. The decision Notice also clearly shows the calculations which the Entry Clearance Officer has undertaken when considering this application. You can refer to Appendix FM-SE of the UK’s immigration rules for further clarification.

[Amber]

Appeal within 28 days.

[Wanderer]

I don't know the answer to your situation but bringing your wife into UK illegally via Ireland is not something you should consider.

[r4b]

I don't know the answer to your situation but bringing your wife into UK illegally via Ireland is not something you should consider.

I wont be bringing her to Ireland illegally, i will be bringing her under the EEA Directive.

[r4b]

Appeal within 28 days.

The 28 days are up now and i dont want to be throw money at them. My wife is coming to Ireland under the EEA directive to meet me British where i will renounce and claim my irish citizenship to bring her to northern ireland. Its more of if i have a case to make legally to perhaps take them to a court or go through the IPCC etc. Because if i am correct and they are wrong then surely there has to be something that can be done to prevent this from happening again.

[Amber]

An appeal is your time a court. If you appeal the ECM will also review the decision. The IPCC is for police complaints

Also, would you not have to go through the often terrible assessments for your disability benefits again in Ireland?

[r4b]

An appeal is your time a court. If you appeal the ECM will also review the decision. The IPCC is for police complaints

Also, would you not have to go through the often terrible assessments for your disability benefits again in Ireland?

On the ukvi website it says you can complain to IPCC against the ukvi. When in Rep of Ireland we will only be there a few days, just to meet my wife at the airport and leave my irish passport application into the passport office. This is seen as doing an irish act. I will renounce british citizenship straight away which will allow my wife to travel to the north without having to spend hardly anytime in the rep of ireland
.

[Amber]

That's regarding the border police. You've not even lodged an appeal which is what you need to do. Even if it's late send an appeal in stating it's late as you'd asked the ECM to reconsider first.

[Wanderer]

I don't know the answer to your situation but bringing your wife into UK illegally via Ireland is not something you should consider.

I wont be bringing her to Ireland illegally, i will be bringing her under the EEA Directive.

Under the UKVI tightening of EEA rules that would mean 12 months+ living in Ireland and a 'shift of your centre of life'.

[r4b]

That's regarding the border police. You've not even lodged an appeal which is what you need to do. Even if it's late send an appeal in stating it's late as you'd asked the ECM to reconsider first.

Maybe i will do this. Do you know 100% if they are wrong in saying i cannot use my benefits towards adequate maintenance Amber. I had read a post before from yourself where it was clear that benefits can be used if a person is exempt from financial requirements namely DLA. It was your from your post i actually quoted them only after researching it myself. it was Chapter 8 appendix fm 1.7a paragraph 5a. I have spoken to people on DLA and on carers allowance who have had no problems getting uk settlement visas for their spouses. I feel my application was water tight and feel an injustice has been done. To be honest im angry about the £900 plus my time and effort i put into the application. I was caught by bringing cigarettes into the UK at the airport 18 months ago and have had them hound me for the tax on them. Do you think they would have this on record and are using this against me in some sinister way ?.

[Amber]

Yes, the decision was erroneous and should be either successful revised by the ECM or overturned by the tribunal.

[Amber]

I don't know the answer to your situation but bringing your wife into UK illegally via Ireland is not something you should consider.

I wont be bringing her to Ireland illegally, i will be bringing her under the EEA Directive.

Under the UKVI tightening of EEA rules that would mean 12 months+ living in Ireland and a 'shift of your centre of life'.

The OP is to renounce his British citizenship so Singh wouldn't apply!

[r4b]

Yes, the decision was erroneous and should be either successful revised by the ECM or overturned by the tribunal.

Thank you.

[saintjohn]

hI, My wife was refused settlement visa UK under adequate maintenance by (Bangkok UKVI), I am on DLA so meet the financial requirements. I asked for an immediate review it has been refused and below i have included the email sent by the ECM Bangkok that we received today explaining. I find this to be incorrect from the research/ advice on this board and from others and on the UKVI website itself namely appendix fm chapter 8 1.7a paragraph 5, in which a person exempt from financial requirements has to refer to. Can anyone enlighten me if i have a case to pursue this matter legally perhaps in the courts if indeed the ECM/ECO at the Bangkok embassy are wrong. I have not appealed the visa refusal as i will meet my wife in Ireland and bring her to the UK this way and i am not throwing more money at the UKVI. But i have lost the near £900 and alot of energy time etc and i would expect to be refunded and also the ECM and embassy staff made accountable for their breach of office if they are incorrect of course. Any help advice would be appreciated. If indeed they are incorrect i will not just forget about it and move on. This if a mistake needs to be corrected for the future of applicants in the same situation. For the record my total income was £483 per week, DLA, ESA,CB,HB,CTC.

BELOW IS EMAIL SENT FROM EMBASSY

I note that you have completed and sent to us a form requesting that we undertake an Administrative Review of your visa application. We are not able to complete an Administrative Review (AR) of your visa application. An AR is only for the purpose of reviewing an application made under the Points-based System and cannot be requested for other applications. You were sent a Notice of Immigration Decision which stated the reasons for your visa application being refused. Included on this Notice were details of how you can appeal the decision if you wish to do so. To appeal a decision you must follow the correct procedure; please refer to the Notice if you wish to appeal the decision.

You have stated in your email that you believe the decision taken on your visa application to be unlawful and that your application fully met all the requirements of the UK’s immigration rules. More specifically, your husband has stated that he believes a mistake has been made in the calculations to assess the financial aspects of this application. Although your husband is exempt from the financial requirements due to his claiming Disability Living Allowance, there is still a requirement that you must demonstrate that you and your sponsor can maintain and accommodate yourselves adequately. The Notice of Immigration Decision clearly states the reasons for this refusal, including the fact that certain of your husband’s benefits are not permissible for inclusion in these calculations. This includes Employment Support Allowance, Child Tax Credit, Child Benefit and Housing Benefit. The decision Notice also clearly shows the calculations which the Entry Clearance Officer has undertaken when considering this application. You can refer to Appendix FM-SE of the UK’s immigration rules for further clarification.

\just read this and was wondering what the reasons for refusal are. Are we not allowed to use child tax credit, child benefit, employment support allowance or housing benefit as income for adequte maintenance?

[CR001]

just read this and was wondering what the reasons for refusal are. Are we not allowed to use child tax credit, child benefit, employment support allowance or housing benefit as income for adequte maintenance?

Can I kindly request you to refrain from digging up old threads and tagging onto other members older threads. Please start your own topic with your circumstances and questions. See also the link below for the 2016/17 adequate maintenance calculations.

http://www.immigrationboards.com/immigr ... 05533.html