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we are in similar position with my mother in law. Applied for settlement visa from India in October 2009. Rejected on the financial ground (despite sending all the western union money transfer receipts, etc). Lodge the apeal in the UK and now waiting for the hearing date.Guy_mk wrote:hey bototo--Congratulations.
Can you please contact me, I am in a similar situation but my mother is in india and applied from there.
We had won the appeal on the 1st application but HO decided to appeal against it and the decession was over turned.
Now 2nd application made and was rejected on financial ground although I send money and evidences provided.
I am really pissed off with these "jobs worth" ECO'S.
Joint sponsorship is allowed. There was a case in October 2008 where this was tested and the judges ruled that the wording of the law did in fact allow for joint sponsorship (the UKBA's "interpretation" is wrong). That case has been used as a precedent very successfully in several cases last year. The UKBA won't tell you that! And I notice they haven't corrected their online guidance. So, if you don't have enough funds to sponsor on your own, bear in mind that you can team up with someone else and do a joint sponsorship.Note: Joint sponsorship is not allowed (see Chapter 8 Section 8 paragraph 3.2.)
What they think is "normal" doesn't really matter. It's what the judges in IAT accept as adequate evidence of support - you could be sending Â£0 per year and still be complely supporting your parent.The evidence should normally be in the form of international money orders or a letter from the bank confirming that money is transferred on a regular basis.
Correct (in case if you go to court/tribunal appeal).bototo wrote:Nice post and very useful for all the links and pointers.
But I wouldn't follow the UKBA's guidance too much - they don't have an incentive to help you.
Example 2:What they think is "normal" doesn't really matter. It's what the judges in IAT accept as adequate evidence of support - you could be sending Â£0 per year and still be complely supporting your parent.The evidence should normally be in the form of international money orders or a letter from the bank confirming that money is transferred on a regular basis.
In other words, read the law on the matter and get a good solicitor/barrister, don't be scared by the UKBA interpretation - because that is essentially what is on the UKBA's site: their interpretation.
There isn't a choice. You sound very inexperienced in this. Read the qualifications for this category, read them again, then talk to a good lawyer about how you can meet every single requirement and how you can prove it. In areas where you feel your application is weak, read as many threads as you can here and elsewhere. And some case studies for good measure.2) should i apply for ILR on health ground or on financial ground ?