Recourse to public funds!!! Please help

Hi been reading this board for a while, heas helped me loads, thanks.

Quick synopsis
I am a british citizen married to a tunisian national, I am currently a fulltime carer to an autistic child, We applied for a settlement visa and was refused, we heard today.

We are going to appeal and would like any help or guidance, he was told by the ECO that he was refused because "your wife has no money" This was apparently the only reason, she told him there was nothing wrong with him, or the application and info provided just your wife!!!

I do claim benefits but had found info as below before we did the visa application.


"Public funds" is defined in paragraph 6 of HC395 as
Additionally, there is this guidance note... "...For the purposes of these Rules, a person is not to be regard as having (or potentially having) recourse to public funds merely because he is (or will be) reliant in whole or in part on public funds provided to his sponsor, unless, as a result of his presence in the United Kingdom, the sponsor is (or would be) entitled to increased or additional public funds..."

This is taken to mean that the UK sponsor can be in receipt of public funds, but must show that the applicant will not cause the sponsor to receive additional public funds.

Having my husband living here with me will actually allow me in the short term to to have more disposable income as i wont be spending on flights and hotel bills etc just to see him, and huge phone bills and in the long term, a much larger family income as either or both of us can work as we will be a two parent family and i'll no longer be a lone parent with sole carer duties.

I am appealing but would like guidance and advice on how to go about proofing that having my husband live here with me will not cause me to claim additional public funds as this seems to be their concern.

I do have disposable income, more so than people in work, mainly because I had savings previously to caring for my daughter and previously had a good job (savings now gone), I budget and stick to it, and my current living expenses are quite low, I also own my home and am on the deeds, I am sole owner, I do have good earning potential as im well qualified, however I choose to care for my daughter as her autism was getting worse.

Also please any guidaince on a hearing before the AIT in the uk ( i feel this is fairer than going back to the embassy ), i dont wish it to be a paper hearing as feel i can eloquently put my case before them, but is there any info on how these hearing proceed? Can you please tell me what i may expect?

What documents do i need? Will all the visa paperwork be provided to them, or will i need to provide all the original visa documents again?
Is it like doing another visa application or do i just provide info to prove our case and show further info on current income and expenditure, future earning and job potential for both of us?

And please anything else that you may know, has anyone also been here before?

Because of xmas i have even less time as have 28 days from today to get this appeal in, thanks in advance for your help.

I strongly suggest that you get legal advice on this. It can be difficult enough doing appeals on your own, and yours sounds harder than many.

Victoria

Thanks, Where can I go for legal advice? CAB dont work in this area in my town

Would it be a specialist immigration lawyer? Where can you find details of those who specialize in this area? Thanks

You can look on www.oisc.gov.uk for a list of regulated immigration advisors.

I would offer to help, but I don't have any free time now before New Year, sorry.

Victoria

HI JUST REALISED THEY DID NOT COUNT ALL MY INCOME AS I DID NOT HIGHLIGHT OR EXPLAIN OTHER INCOME RECIEVED ON THE BANK STATEMENTS THAT I SENT WITH THE VISA APPLICATION.
AS WITH CLAIMING CARERS ALLOWANCE, I CAN EARN UP TO £85 A WEEK WITHOUT AFFECTING MY OTHER BENEFITS, THE APPLICATION FORM ASKED IF I HAVE A JOB, I DO NOT AND I STATED THIS, BUT I DO MAKE OTHER INCOME FROM HOME, BUT IT DID NOT ASK FOR THIS INFORMATION AND THEY WAS NO PLACE ON THE FORM IN WHICH TO PUT IT, I THOUGHT THAT MY BANK STATEMENTS WOULD SPEAK FOR THEMSELVES

I WILL SEND FURTHER COPIES HIGHLIGHTING AND EXPLIANING THE EXTRA INCOME WITH EVIDENCE, THIS TAKE ME WELL OVER HE MINIMUM LEVEL OF ADEQUATE MAINTANCE AS SET OUT IN CASE LAW,

IN ADDITION I HAVE SECURED MY HUSBAND A JOB

IF I SEND THIS WITH THE APPEAL POAPERWORK TO THE EMBASSY WHO MADE THE APPEAL, DO YOU THINK THERE IS A GOOD CHANCE THEY WILL DECIDE TO ISSUE THE VISA?

casamia wrote:HI JUST REALISED THEY DID NOT COUNT ALL MY INCOME AS I DID NOT HIGHLIGHT OR EXPLAIN OTHER INCOME RECIEVED ON THE BANK STATEMENTS THAT I SENT WITH THE VISA APPLICATION.

First don't shout
but I don't think the 85/week makes a difference anyway

SYH wrote:

casamia wrote:HI JUST REALISED THEY DID NOT COUNT ALL MY INCOME AS I DID NOT HIGHLIGHT OR EXPLAIN OTHER INCOME RECIEVED ON THE BANK STATEMENTS THAT I SENT WITH THE VISA APPLICATION.

First don't shout
but I don't think the 85/week makes a difference anyway

And is this income taxed?

Wasnt shouting just had capslock on!!!

Under the carers allowance rules im allowed to legally earn £85 per week and then it was changed to £95 per week from the !st Oct this year, therfore when they count this income, i am over the minimum level of income for adequate maintenace, im not sure why you think it wont matter as case law states, that as long as you have the minimum level of income more than that of a couple living on income support, currently £92.80 per week, then the immigration regulation is deemed to have been met.

BELOW IS A DIRECT QUOTE TAKEN FROM KA and Others (Adequacy of maintenance) Pakistan [2006] UKAIT 00065


It is for this reason that a number of Tribunal cases, including Islam (13183), Momotaz Begum (18699), Uvovo (00 TH 01450) (which alone was the subject of reference by the Immigration Judge in this case) and RB [2004] UKIAT 00142 have held that the basic task for Appellants attempting to show that there maintenance will be “adequateâ€