refused spouse visa can wftc be used as salary

[loretta2014]

Hi there ,
I have currently had my husbands spouse visa declined as I do not meet the financial requirement of 18.600 however my appeal is in march, do you know if I can use my working families tax credit to make it up to the required amount? or does it have to come from salary only ?
also I am not sure if my appeal is before the ruling is to be changed does anyone know when the date is for reconsideration of the amount we need
Many Thanks

Loretta

[Amber]

Benefits can not be used unless you are exempt. See pages 15 and 16 of Annex FM Section 1.7 (click).

Keep an eye on the Court of Appeal case (click).

[loretta2014]

Benefits can not be used unless you are exempt. See pages 15 and 16 of Annex FM Section 1.7 (click).

Keep an eye on the Court of Appeal case (click).

would there be any chance that we could win the case on article 8 issues as my salary is not enough and until he is here i can't work more hours so is there any way we could apply through article 8 ? there is no way that I can work more hours my daughter is only 7 ?

THANKS


Loretta ps is working family tax credit allowed? to top up my salary is that considered a benefit

[Amber]

Tax credits is not considered if you click the link I gave it is explained. Ask the tribunal to stay your case until the Court of Appeal have made a judgement.

[loretta2014]

Tax credits is not considered if you click the link I gave it is explained. Ask the tribunal to stay your case until the Court of Appeal have made a judgement.

Thanks AMBER even if they stay my case I only work part time So my salary from work is only around 6000 per year thats why I asked would I be able to appeal under article 8 I have a strong case and paperwork to back up why I can not leave the uk etc?

Thank


Loretta

[Amber]

Is your husband applying from inside the UK or not?

[loretta2014]

Is your husband applying from inside the UK or not?

No, hi is applying from Kosovo
Thank you,Loretta

[Amber]

Do you have children?

[loretta2014]

Do you have children?

Yes i have two children,children are mine from previous marriage, i'm the only only one who take care for them

[Amber]

Any disabilities? Do you have any relatives who are disabled?

[loretta2014]

Any disabilities? Do you have any relatives who are disabled?

No,i don't have any disabilities or any relative with disabilities,i live here only with my two children and have non of my families
Thank you
Loretta

[Amber]

Are there any insurmountable obstacles to family life with that partner continuing outside the UK? For which you could argue, yes the children and thus argue for leave under exception 1.

[loretta2014]

Are there any insurmountable obstacles to family life with that partner continuing outside the UK? For which you could argue, yes the children and thus argue for leave under exception 1.

yes,my children they are in school and don't now any other language my older is 13 year and it will be very,very hard and impossible to move to another country for them home is here in England and they have friends and my son doing excellent in school he had diploma of achievement in nine subject so can even think to take from school, my son was very effected from our divorce so he just started to calm down with professoinal help

thank you
Loretta

[Amber]

Then argue all that at your appeal and ask for consideration of article 8 ECHR and for the judge to consider 30 months leave. Remember refusal of leave to enter will only interfere with family life if there are obstacles to that family life continuing elsewhere, without the family being split up, so make your case a strong as possible.

[loretta2014]

Then argue all that at your appeal and ask for consideration of article 8 ECHR and for the judge to consider 30 months leave. Remember refusal of leave to enter will only interfere with family life if there are obstacles to that family life continuing elsewhere, without the family being split up, so make your case a strong as possible.

Thank you Amber so,so much for your help and your time

[loretta2014]

Are there any insurmountable obstacles to family life with that partner continuing outside the UK? For which you could argue, yes the children and thus argue for leave under exception 1.

What is that mean under exeption 1?
thank you Loretta

[Amber]

See also, exception 1 (click).

[loretta2014]

See also, exception 1 (click).

Can you tell me what is mean WITNESS STATEMENTS OF THE EVIDENCE TO BE CALLED AT THE HEARING?
Thank you Amber
Loreetta

[Amber]

Evidence of witnesses.

[loretta2014]

Evidence of witnesses.

Sorry Amber in this case who is evidence of witnesses?
Thank you Loretta

[Amber]

There might not be any.