Refused mainly on Income!!!

[prettypolitical]

I am on a low income as I work part time and also get working tax and child tax credits, how can you prove that you can support your dependant coming to the UK.

I can as that what I was doing before my partner left the country!

Any concrete advice! Please help!

[vinny]

It may help if you can include a monthly budget to demonstrate that you, as a family, will not need to rely on (additional) Public funds. Don't panic!

[lesley15]

I to was on tax credits,i did as vinny said ,made a spreadsheet showing all my income including the tax credits and child benefit total it all up.Then i did another spreadsheet showing my outgoings which included utility bills,council tax,food shop and i wrote down my car expenses and insurances,you don't have to but i needed to show i could easily afford to support husband so i included everything.Then at the bottom it showed how much i had left each month.This was enough to help the judge and HO to show i had enough income and they were happy with it.

[prettypolitical]

Excellent advice, I now have a little bit of a smile on my face after 14 weeks of being totally depressed, lol!!

I did read the section on entry clearance guidelines, with my money alone including the tax credits I have about 1732GBP. So I am sure I will have something left.

Another thing my banks statements are generated every 28 transactions, and debits are shown before credits if that makes sense.

For example if I use my card to make a payment for something on the 12th Jan and it is the 28th transaction, the statement will end and be sent out.

However if I also recieve my wages on the 12th Jan aswell it wont show until the following 28th transaction statement is generated.

Therefore the statement that has the card payment on it will have a balance for example 234.12 OD/S which means an interim balance and not overdrawn.

The account that I have does not have an overdraft facility but yet these ECOs say that I have been overdrawn etc.

I am currenlty in the process of preparing the appeal any other info advice you have would be greatly appreciated.

Thank you so much for your responses!!!!!

[prettypolitical]

PS how long did it take for your appeal to be heard from when you put it back in Lesley!!

[lesley15]

Hi, our application was refused on the 28th march 2008 and i had my hearing on the 19th september 2008 (strange how these dates stick in your mind!!!)
Don't worry about how your bank statements are,you will be able to explain this to the judge and HO but be prepareed for them to question it.If it helps i passed my hearing and it wasn't so bad just really have everything prepared and keep it simple so they don't need to ask to many questions.
If you need help just ask,

[Tamarto]

Hi, I'm new to this board and I am in a similar situation. My bank statements shows that I'm permanently using my overdraft. My overdraft is £1400 and I get paid £1000 so I'm always showing in the red. I am trying to clear it, but I'm afraid that if I give them my last 3 bank statements they will see this and decline my wife's Visa. I'd be grateful if someone could tell me if this is the case or if I can prove that I can pay off my overdraft and have enough money to support her, her visa application will be accepted.

[prettypolitical]

Like Lesley advised you could always prepare a sheet with your finances on ingoings and outgoings maybe you could use excel or similar programme to do it on, because they have a way of twisting every little thing, make sure you have everything and make sure there is no detail left unturned, i am in the process of an appeal and i am making damn sure i get my husband here!!

Good luck!

Hey Lesley thanks, I will let you know if i need any help!!!!!

Have you got any other tips lesley would be appreciated.

[lesley15]

I found at my hearing all i really needed was my spreadsheets and i took extra copies with me which was just as well because the HO didn't have a copy and actually asked what i was reading off.The HO wanted to see my wageslips to check it matched with what i had said.I wasn't really asked much about my tax credits but i had a print out explaining it wasn't to be counted as resource to public funds if i needed it.I did take all proof that all my bills were paid up to date and that i wasn't in debt with anyone but again it wasn't needed.They asked if i declared my income to the tax man which i said you have to because of the tax credits and you have to do over 16 hrs etc.....just know your income inside out so anything they ask you can answer confidently..they like that.I did also take the employer who was offering my husband work,that helped but i did prove i could support him on my income and they were satisfied with that the job offer was just a bonus.

[prettypolitical]

Hi Lesley,

I have done everything that you have listed, made a table to show all monies incoming and outgoing and my employer is writing me a letter aswell. I do not have an employer for my husband but he does have some qualifications where we are going to submit the certificates for that. Just out of interest how much did you have spare on your budget after all of your bills etc, I have around 560GBP, oh! I do hope this enough. I dont know how much more hell they are going to put us through.
I have foloowed the refusal notice and picked in and filled in the gaps what they want so and used the act in some parts where they are saying he does not meet the criteria.
I wish our life together was just a sham and maybe I could just get on with my life but that is not the case.
I feel sorry for our children because they are the ones that keep asking and they are tired of my excuses!

[lesley15]

That is all fine and sounds good.Yes you have more than i did left over so that is fine,can't think what mine was about £490,do you have savings ?.I also added all updated bank statements then i copied them again and showed where i had paid mortgage and bills by colour code,i put this in the bundle but they never questioned it but must have seen it.And obviously all updated wageslips and you can show them your p60.
It is very unfair and i was in a right panick as i can't make anymore money as i have children but i prepared so well that even my solicitor was impressed that he just added exactly what i gave him and didn't have to do any more.At the front of each section i did an index so they could clearly see what was there plus it showed what details i wanted them to look at as there was so many copies of my bank statements pointing out different things.
Have to say in just this week you are sounding like you are more confident and getting control back,the refusal always knocks us down but we all come back fighting.

[prettypolitical]

Yes I am fighting back and dont intend to stop until i have what i want, I think i have crushed their points in the refusal notice. I dont have a solicitor as thats why we are here doing this in the first place, i can not believe how much work i have done on this as all that was originally handed in was a very brief letter, bank statements, wage slips and a few letters from friends and family and the application form. This was under the instruction of the solicitor and now they want 1000GBP for the appeal i said no cahnce and took a chance i am going to the immigration advisory service tomorrow, so i can get them to advise me legally on the work i have done. Hopefully i have done everything i have worked my socks off, staying up until 2.30am then getting up at the crack of dawn with the kids. I am exhausted but hopefully now i will be able to rest for a while. Hopefully it will go back to post and they will grant the visa if not i am afraid it is going to be a long time before we are reunited. I just worry about the children, do they take them into account as one of my little ones has become badly effected by this situation and is under the GP for stress, shes only for.

Thanks, Lesley the advice and confidence has really inspired me!!! I owe you a very big thankyou!!!!!!!!!!!

[lesley15]

Unfortunately they don't take how people are coping into account because they are all heartless.
I know what you mean about the price of solicitors,i blame our solicitor for us failing in the first place as he said not to include my tax credits so it did really look like i couldn't afford to keep him!!!!so i educated my self and although i had a solicitor do the appeal i put it all together he just posted it for me.When i went to court i went without a barrister as only i can explain my income and i had no problems, so you will be fine,good luck with it all,give your babies a big squeeze from me.x

[prettypolitical]

Hey thanks Lesley!

Its nice to speak to someone who understands, however I have some other evidence for them from me, should really help cant really disclose it on here very personal, but it is factual and very powerful and hopefully will prove how genuine our relationship as they were questioning that too and also trying to say he wasnt the father of our youngest cos he was not on the birth cert!! that does not phase me though, they can ask me anything!!
Went to the IAS today and they are going to represent me, i am waiitng for an emergency appointment now so we can get the ball rolling and waiting for some docs from my hubby so we can submit everything, I am determined that they are not goin to push me out of the country!!!

Was your hubby at his country of origin and you did it all here!!!

I admire your confidence, i am going to adopt that will give them all a big hug!! May take some time as there are three!!! How many do you have!!

Take care!!!
Catch up soon!

[lesley15]

Sounds all good,yes husband was in his country infact we were apart for 16 months and only saw him for one week out of that,it was very hard and i was a wreck but he is back now and i can't believe it is all over and he is here,you will know what i mean soon!!!!
I have two children and think they helped keep me sane,had to look after them and not let them get dragged down with this and think that helped me,well kept me busy anyway.
Sounds like you have been busy and prepared everything well,you will have no problem,just give them every evidence you have.Good luck with your meeting.

[prettypolitical]

Sorry for the late response, I am still waiting for a call from IAS, I am running out of patience. They say that they are aware of the appeal date, but I have tried to explain to them my husband will be sending some documents to put in with the appeal. I have advised my husband just to send everything, then when I get the call I am ready to go!!!

Hope you doing OK Lesley!!!

[lesley15]

Hi, we are all doing well thanks,
Hope things get sorted out,maybe this week will be the week!!!! keep me informed of what happens. x

[prettypolitical]

Hi Lesley!

Hope you are all fine!

I went to the IAS and they have advised that our case is very strong, she also pointed out that the refusal notice was so sloppy and poorly written, she couldn't believe it.

She says that they have misinterpreted information, overlooked issues and there is no problem at all with my income.

This was good news, although now the long process begins, she is going to lodge it on Monday, so it will go to be reveiwed at post, although she says the decision should be overturned the probability of this happening is very slim. As she says it would be like admitting that the staff at post are incompetent.

So will be heard in court, she advised about six months, its a lifetime, but by the sounds of things it is all positive.

Just wish time would flyby.

Keep intouch!!!!!!!

[lesley15]

That is good news,she sounds like she is a really helpful lady.I agree with her that most cases do not get over turned but never say never some have been.
Our case took 6 months plus then the waiting time for the visa to be issued that took just under 3 months but it differs from country to country,seems India is just slow.
Keep me informed of the process,you can PM me anytime.x.