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Settlement hearing due soon, can any one help

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galalead
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Settlement hearing due soon, can any one help

Post by galalead » Sun Jan 25, 2009 4:25 pm

Hi all

I have a appeal hearing due soon, Kingston have already confirmed they have sent bundle 5 weeks before date it is due

Will AIT give a earlier hearing date bcause of this ?

Also the settlement visa was refused on maintinance , I do work earings around £500 a month and i get tax credits around £1160 a month, i recieve NO housing or council tax benifit and have savings well over the £6000 so can not get any thing else due to my capital is too high.

My Lawyer has tried hard to put my mind at rest saying we will win but if you can understand i have complained to kingston explaining to them i am within my rights to have the tax credit but they believe i have tied up my savings for benifit purposes, and refused to overturn

Does it matter on how much tax credits you recieve? for the maintaince part?

Also my husband and i have a child together and i feel if they cannot look at our human rights as a couple can i fight for our sons human rights as surly it is the right as a child to be able to have his father around him ?

I would be very gratefull if anyone can answer any of these questions

lesley15
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Post by lesley15 » Mon Jan 26, 2009 2:47 pm

Your solicitor is right. I was in the same situation as you in that i was on tax credits.I passed my appeal last september. I did spreadsheets showing my income,including tax credits and child benefit then i showed my out goings to show i had enough money left over at the end of the month.
You will be fine i was and i didn't have as much savings as you !!!!

galalead
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Joined: Sun Jan 25, 2009 4:18 pm
Location: HERTFORDSHIRE

Post by galalead » Mon Jan 26, 2009 2:56 pm

lesley15 wrote:Your solicitor is right. I was in the same situation as you in that i was on tax credits.I passed my appeal last september. I did spreadsheets showing my income,including tax credits and child benefit then i showed my out goings to show i had enough money left over at the end of the month.
You will be fine i was and i didn't have as much savings as you !!!!
Thank you for ur reply

I have been told that i have to have 94.95 a week for my self and husband and 52.59 a week for each child after i have paid my rent and council tax, if this is correct i still have around 230.00 left a month do you think this will be enough ?

batleykhan
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Post by batleykhan » Mon Jan 26, 2009 3:16 pm

It is not normal procedure for AIT to get involved in advising or warning people on matters relating to their appeals.

At the end of the day you are legally entitled to claim tax credits in your own name, but I can however understand why your hubbys visa was refused on the grounds of maintenance . Without the tax credits you would be struggling to support your family on your income.

Like the above person stated, do a breakdown of your income and outgoing expenses to show how you intend to support your family.

However during the hearing you should make it clear that hopefully when your hubby gets here and starts a job, there will be two people bringing in a wage and that along with your savings should be enought to support you both.

galalead
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Post by galalead » Mon Jan 26, 2009 3:27 pm

Hiya

In the visa application i did a beakdown of my income and out goings but will still do one for the judge

If i am entitled to tax credits why are they ruled out within the application , dont matter if my husband is here or not i can recieve tax credits, like you said its within my rights

Can i bring up in court about our human rights ?

batleykhan
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Post by batleykhan » Mon Jan 26, 2009 10:44 pm

Can i bring up in court about our human rights ?
Human rights is a complex issue. Unless you know what you are talking about, dont try to bring issues up at the hearing. Just stick to trying to prove why your husband should be allowed a visa. Like i have said, hopefully if he arrives and starts working, both your salary's should be more than enough to support you.

galalead
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Joined: Sun Jan 25, 2009 4:18 pm
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Post by galalead » Mon Jan 26, 2009 10:47 pm

Ok ...well i do have a lawyer so i am sure he will get it right ... but i just want to do all i can to help

I will see what he says about it

Thank you for your advice

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