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SPOUSE VISA REFUSED FOR CARERS HELP NEEDEdr

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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sonya24
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SPOUSE VISA REFUSED FOR CARERS HELP NEEDEdr

Post by sonya24 » Mon Sep 23, 2013 12:00 pm

Hi I need urgent help regarding my spouse visa I had applied for spouse visa under the financial Exemptions for people receiving carers allowance his visa has been refused today this the reason they have stated

Your sponsor is exempt from meeting the requirement of paragraph E-ECP.3.1 as they are in receipt of carers allowance. in order to meet the requirement of these rules you and your sponsor must be able to maintain and accommodate
Yourselves and any dependants adequately in the uk without recourse to funds.you provide dwp documents that show your sponsor is in receipt of carers allowance, child tax credit,income support and child benefit.you also provide a letter from Brent council stating that you are in receipt of housing benefit and council tax support.however the only income from all these benefits that can be taken into account is carers allowance.this is paid at a rate of 59.75 per week.the income support rate for a couple is 112.55 per week.therefore your sponsors eligible income is 52.80 less than the rate considered necessary to support a couple in the uk per week.therefore I am not satisfied that you and your sponsor are able to maintain and accommodate yourselves and any dependants adequately in the uk without recourse to future public funds. I therefore refuse your application under paragraph EC-P.1.1(d) of appendix FM of the immigration rules.E-ECP3.3(b)

Can you help with this because the ECO didn't take child tax credit and child benefit into account and how did they calculate my income please if someone can put a light on this. These are benefits and amounts I get ever week

Income support 40.25
Carers allowance 59.75
Child tax credit 61.67 per week I have got another child now now my child tax credit is 114.94
Child benefit 20.30 per week now it's gone up to 33.14 per week because of the second child.

When I applied for my husbands spouse visa my total income was 182 which I was assuming was enough to meet the requirement.

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Post by Amber » Mon Sep 23, 2013 1:06 pm

Try not to fret they appear to be refusing a lot of benefit cases at the moment. You need to appeal and also ask the Entry Clearance Manager to reconsider the decision.

What is your rent/mortgage per week/month and how much Housing Benefit do you get per week? Which Country is your spouse from and how many children?
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sonya24
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Post by sonya24 » Mon Sep 23, 2013 1:18 pm

Thanks for the reply my rent is 290 per week and housing benefit covers the full rent my husband is from pakistan I had 1 child when I applied I was expecting a second baby I have got 2 boys now can you tell if they have taken the right decision thanks.

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Post by Amber » Mon Sep 23, 2013 1:40 pm

You should appeal the decision and ask for an immediate reconsideration with the following:

As per Annex FM section FM 1.7 at 3.6.1, as the ‘sponsor’ is in receipt of Carer’s Allowance this application is exempt from the Financial Requirement instead, I am required to be adequately maintained and accommodated. I believe the recent decision dated [state date] was erroneous as I satisfy that requirement, and I will now set out how:

Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:

A – B ≥ C

A minus B is greater than or equal to C.

Where:

A is the projected income (after deduction of income tax and national insurance contributions);

B is what needs to be spent on accommodation; and

C is the amount of Income Support an equivalent British family of that size can receive.

For the purpose of income, benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a). No benefit income is said to be excluded in the Immigration directorate instructions. I have calculated all figures as weekly as per the benefit entitlement letters which you have sight of. For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).

Therefore,

A, income is:

Carer’s Allowance = £59.75
Income Support = £40.25
Child Tax Credits = £114.94 (was £61.67 p/w at the time of application due to one child)
Child Benefit = £33.14 (was £20.30p/w at the time of application due to one child)
Housing Benefit = £290.00
Total income = £538.08 per week (£471.97 previously)

B, accommodation costs:

Rent = £290.00

Total accommodation costs = £290.00 per week

C, income support applicable amount:

An amount for a couple = £112.55 per week, amount for each child £65.62.
The total income support applicable amount for my family unit including my partner (112.55 + 2 x 65.62) =£243.79 per week (previously £178.17)

A at £538.08 – B at £290.00 = £248.08 (£181.97 previously)

As £248.08 (£181.97 previously) is greater than C at £243.79 (£178.17 previously) I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted immediately.

I have had another child since the application was submitted, however, I have displayed both calculations above and in both scenarios with one child and with two children, I meet/met the adequate maintenance and accommodation requirement. I feel like I am being discriminated due to disability.

Furthermore, all the benefits I receive will be paid at the same rate when my partner joins me, even though some applications will be changed to joint applications. There will be no additional recourse to public funds when my partner joins me. This was key in the case of Yarce which held that:

“It seems to us that, since these issues involve mixed fact and law, an appellant in an immigration appeal must be able to demonstrate to the judicial fact-finder, either that the actual financial position on arrival will be such as to make it unnecessary to rely upon benefits in order to provide a standard of living equivalent to that available on means tested benefits, or that the relevant law bears on the circumstances of the family, in such a way that there will be no additional recourse to public funds in doing so.”

I have supplied enough evidence, and explained the case clearly to show that we satisfy the adequate maintenance and accommodation requirement. Thus the application should be granted immediately.

Send the appeal to the UK and a reconsideration request to the Entry Clearance Manager in Pakistan.
I assume you care for another family relative and it’s not your children receiving DLA?
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sonya24
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Post by sonya24 » Mon Sep 23, 2013 2:40 pm

Hi thank you so much for your reply I feel so relieved yes I care for my disabled mother how does he apply for reconsideration does he go back to gerrys with all the documents again?

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Post by Amber » Mon Sep 23, 2013 2:54 pm

Which area of Pakistan is he located nearest, Islamabad, Karachi or Lahore? An appeal needs to be lodged in the UK.
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sonya24
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Post by sonya24 » Mon Sep 23, 2013 3:15 pm

He's in karachi

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Post by Amber » Mon Sep 23, 2013 3:21 pm

I think the address is (send a copy of the refusal letter and any other additional evidence (i.e. new benefit awards)):

The Entry Clearance Manager
British Deputy High Commission
Shahrah-e-Iran
Clifton
Karachi
75600
Pakistan

For the appeal you have to complete IAFT-2 (click) and send with the refusal decision letter to:

First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

Fax: 044 0 116 249 4214
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sonya24
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Post by sonya24 » Mon Sep 23, 2013 7:11 pm

Thanks a lot for the information I want to ask you one more thing can I reapply for my husbands spouse visa with the refusal letter and with all the information you have provided because reviews and appeals are taking too long I think an year I am so desperate to get my husband here I can't wait for an another year I have been married for 5 years now I have hardly spent anytime with him and that makes me really sad my kids need him now:(

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Post by Amber » Mon Sep 23, 2013 7:19 pm

You could reapply, but I think a reconsideration to the manager should hopefully do the trick and shouldn't take too long.
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Post by sonya24 » Tue Sep 24, 2013 12:26 pm

Hi I went see my local mp and he has advised me fill in the appeal form and send it to them. Your case will be reviewed by the entry clearance office first if he still believes that they have taken the right decision you will have to go to the court he said that once I have sent them the appeal I should go back to him and they will contact them to speed things up.but I spoke to a friend who works at solicitor firm he told me that other benefits will not be counted they only count carers allowance towards the income I am really confused please help.

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Post by Amber » Tue Sep 24, 2013 12:29 pm

I've given my opinion on what to do, there is not much more I can say. If you want to start asking others and getting a multitude of answers then go to a solicitor/OISC adviser and follow their instructions. I've given reference to the relevant guidance and cases, if you don't won't to read them it's futile. Requesting a reconsideration to the EC manager in addition to the appeal gives them a push.
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iyanu
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Post by iyanu » Tue Sep 24, 2013 12:56 pm

D4109125 wrote:I've given my opinion on what to do, there is not much more I can say. If you want to start asking others and getting a multitude of answers then go to a solicitor/OISC adviser and follow their instructions. I've given reference to the relevant guidance and cases, if you don't won't to read them it's futile. Requesting a reconsideration to the EC manager in addition to the appeal gives them a push.
@sonya24,

D4109125 has done exactly what any lawyer will do and it's free of charge.

I still does not see any reason you will waste your money to re-apply at the moment, what @D4109125 did for you is very ingenious and kind indeed.

I will advice you to follow all his instruction and believe me you will come back thank him.

I rest my case.

sonya24
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Post by sonya24 » Tue Sep 24, 2013 1:09 pm

I am really thankful to D4109125 for giving me the best advice my mp told me that when you send the appeal form an entry clearance manager will review your case and decide if he/she can over rule without going to court I am going to fill in the form and send to them tomorrow does anyone know how long will they take to review my case?

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Post by Amber » Tue Sep 24, 2013 3:51 pm

It is correct that when anyone appeals the first point is can the case be reconsidered (saves lots of money)? However, the tribunal service are slow hence why I suggest sending a reconsideration directly to the EC Manager in addition to sending the appeal.
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Post by sonya24 » Tue Sep 24, 2013 4:08 pm

My husband told me that the high commission in karachi is closed now so I should send it to the high commission in Islamabad?

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Post by Amber » Tue Sep 24, 2013 4:11 pm

Yes.
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Post by sonya24 » Tue Sep 24, 2013 4:30 pm

Do I attach any documents?i will send the refusal entry covering letter explaining everything and the letter you wrote for me is that enough?

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Post by Amber » Tue Sep 24, 2013 5:19 pm

Send a copy of the refusal decision and a copy of the evidence (benefit award notice) and letter to the EC Manager. Send the original refusal decision to the UK Tribunal Service with additional evidence.
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sonya24
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Post by sonya24 » Tue Sep 24, 2013 6:23 pm

Thanks for all the information one last question the original refusal is with my husband so he will have to post it to me that's going to take a week can I send a copy to the tribunals?

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Post by Amber » Tue Sep 24, 2013 6:41 pm

Well really you're expected to send the original, but a copy should suffice if it is good quality then send the original.
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Post by issysaj19 » Thu Oct 03, 2013 9:29 pm

Will make new thread

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Post by sonya24 » Sun Oct 06, 2013 9:49 am

Hi i need help filling up the appeal form.

Are you paying for the appeals of any member of your family or anyone planning to appeal against an immigration decision?

I am submitting the appeal my husband and i am paying with my card so should write my name?

I have given my address in the U.K. for any correspondence

I have also written my name and address as a representative because i will be attending the hearing.

Please help

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Post by Amber » Mon Oct 07, 2013 11:17 am

Yes your details on the payment page, you are not a representative (it is against the law for you to claim to be) do not put your details their rather, they go in the sponsor page (section 6).
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Post by sonya24 » Mon Oct 07, 2013 11:36 am

Thanks for the reply my husband has already sent a letter to british high commission in islamabad with copies of new award notices for my second child.i am going to submit the appeal here today i have attached a covering letter the print outs for links you had sent me new award notice for child benefit and child tax credit and refusal letter is that enough i should send the photocopies of the documents my husband had submitted with the application eg bank statements award notices for all benefits and tenancy agreement.
Thanks

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