exempt from financial requirement but spouse visa declined

[jojochaachaa]

To be honest, it doesn't surprise me, you can send any evidence to the tribunal for your appeal. Anything in your bundle will be considered, whether the UKBA caseworker changes her/his mind is another question, there are many bad decisions (and good). I gather your savings were just acquired over time?

My aunt died and left me 2 diamond rings and she said to me if you ever need to sell them please do so I did sell one and that is where most of the savings have come from I think im in my right to do this it was a gift to me, there is no way on this earth my husband wants any benifits at all I have asked my solicitor from which funds can I make up the weekly amount she still has not answered this I have had migraines for 12 days now its just all getting too much , My son also wants to attend the appeal as its oral thanks for your reply so quick also my savings are 6 grand now as I have been living very frugally for a year

[Amber]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

[jojochaachaa]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

[Amber]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

Yes it sounds like it's all over the place. I would write a statement detailing your savings and how they have been derived with evidence (i.e. copy of receipt). You should also list your income and how much you receive per week. The solicitor I think, doesn't realize that your partner can legally claim carer's allowance as an exception to the public funds rule, it's a right he has if he's caring for someone 35 hrs or more per week and that person is receiving middles or higher rate care DLA. He derives this right as he is Moroccan see here (click) at page 22, perhaps take a copy. Your partner can still work at the same time and earn up to ~£100 per week Net.

[jojochaachaa]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

Yes it sounds like it's all over the place. I would write a statement detailing your savings and how they have been derived with evidence (i.e. copy of receipt). You should also list your income and how much you receive per week. The solicitor I think, doesn't realize that your partner can legally claim carer's allowance as an exception to the public funds rule, it's a right he has if he's caring for someone 35 hrs or more per week and that person is receiving middles or higher rate care DLA. He derives this right as he is Moroccan see here (click) at page 22, perhaps take a copy. Your partner can still work at the same time and earn up to ~£100 per week Net.

my income now or my income last june when we applied ? yes I will list all of this with me when I go to her which is monday I get 144 tax credits a week 45 income support a week 59 carers 75 maintenence and full housing and council tax benifits my two sons also recieve 400 per child per month dla this is plenty to live on more than enough I take it they will not let me use the dla as maintenence though ?

[Amber]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

Yes it sounds like it's all over the place. I would write a statement detailing your savings and how they have been derived with evidence (i.e. copy of receipt). You should also list your income and how much you receive per week. The solicitor I think, doesn't realize that your partner can legally claim carer's allowance as an exception to the public funds rule, it's a right he has if he's caring for someone 35 hrs or more per week and that person is receiving middles or higher rate care DLA. He derives this right as he is Moroccan see here (click) at page 22, perhaps take a copy. Your partner can still work at the same time and earn up to ~£100 per week Net.

my income now or my income last june when we applied ? yes I will list all of this with me when I go to her which is monday I get 144 tax credits a week 45 income support a week 59 carers 75 maintenence and full housing and council tax benifits my two sons also recieve 400 per child per month dla this is plenty to live on more than enough I take it they will not let me use the dla as maintenence though ?

Difficult to say regarding DLA as technically, it's awarded to your child. However, you would have to see what the judge says. The amount of income you need to support your family would be, £112.55 + £65.62 per dependent child that's Net, after any rent has been deducted. Bare in mind, you've also got the savings.

[jojochaachaa]

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

Yes it sounds like it's all over the place. I would write a statement detailing your savings and how they have been derived with evidence (i.e. copy of receipt). You should also list your income and how much you receive per week. The solicitor I think, doesn't realize that your partner can legally claim carer's allowance as an exception to the public funds rule, it's a right he has if he's caring for someone 35 hrs or more per week and that person is receiving middles or higher rate care DLA. He derives this right as he is Moroccan see here (click) at page 22, perhaps take a copy. Your partner can still work at the same time and earn up to ~£100 per week Net.

my income now or my income last june when we applied ? yes I will list all of this with me when I go to her which is monday I get 144 tax credits a week 45 income support a week 59 carers 75 maintenence and full housing and council tax benifits my two sons also recieve 400 per child per month dla this is plenty to live on more than enough I take it they will not let me use the dla as maintenence though ?

Difficult to say regarding DLA as technically, it's awarded to your child. However, you would have to see what the judge says. The amount of income you need to support your family would be, £112.55 + £65.62 per dependent child that's Net, after any rent has been deducted. Bare in mind, you've also got the savings.

yes its for my child but obviously I dont hand the lot over to my 14 year old so id need 112 plus 2 x 65 per week wow thats a lot to be left over isnt it? 242 a week ish or there abouts so they say your exempt but in fact your not your just in a big huge trap thank you very much for your help though Amber your amazing I will be sure too keep you informed of what happens I also read there is always a discretion of the judge that can be allowed too the thing is at no time soon will my situation change untill my husband is here so if we dont win it wont even be worth reapplying I now they say what does not kill you makes you stronger but this is too much xxx

[Amber]

I'm sure you'll be fine, keep positive. You can use the tax credits, carer's allowance and child benefit towards the Net amount and the savings should push it enough to be granted.

[jojochaachaa]

I'm sure you'll be fine, keep positive. You can use the tax credits, carer's allowance and child benefit towards the Net amount and the savings should push it enough to be granted.

I have to say that you are a very lovely lady and the only person who had put my mind at rest through all of this You know the crazy thing is that I have adhd myself I have never ever claimed anything for this altjough I struggle daily and have a diagnosis hence why I struggle with reading long documents and hence why I thought that getting a solicitor would take some burden off xx I will send you flowers as soon as this appeal is out the way if that ok ?

last bit in the basis of dr 38 morocco 2005 any additional evidence submitted is not taken into consideration any fresh evidence can be used ti support a fresh application !!!! what a tosser he is

[Amber]

You're more than welcome honey, no flowers are required though thanks for your lovely gesture. If you want to claim now for yourself you'll be subject to PIP which may or may not help you.

[jojochaachaa]

You're more than welcome honey, no flowers are required though thanks for your lovely gesture. If you want to claim now for yourself you'll be subject to PIP which may or may not help you.

No I dont want to claim I volunteer to help kids adults on this spectrum its genetic too but but just saying how hard its been for me forms wise etc ill get everything together and be assertive with my solicitor on monday and ill submit and pray that they see sense Im taking my sons to see my husband the day after the appeal as we havent seen him since april I think they will let us know the decision while we are together which at least is a bonus I feel as the spouse I am the one who takes more of the burden rather than the appellant My husband im now on medication for anxiety I just hope ne day this will all be a distant memory

Much Thanks

Joanna

[jojochaachaa]

You're more than welcome honey, no flowers are required though thanks for your lovely gesture. If you want to claim now for yourself you'll be subject to PIP which may or may not help you.

well the appeal s tommorow I am very nervous is it like a court room setting do you know ? I will be so happy for it to be over waited 9 months for this day heres hoping we have a nice compassionate judge thanks for your help all the way through

[Amber]

Less formal than a court, don't worry stay positive and let us know how you get on. Best of luck.

[jojochaachaa]

Less formal than a court, don't worry stay positive and let us know how you get on. Best of luck.

Thanks very much I sure will do

[jojochaachaa]

Less formal than a court, don't worry stay positive and let us know how you get on. Best of luck.

Thanks very much I sure will do

Oh Amber what a disasterous day first of all the hearing was at 10 I got there 930 by train as I arrived the solicitor had rang to say that she had ben caught in traffic I thought oh she will be here before 10 ,No the clerk came for me at 1010 still no sign of the solicitor after another 50 minutes and still no sign I said I would go in alone , just as we were about to start she came rushing in the door now 1105 and the judge was noooot happy she went straight the loo after that too he told her " I have arrived in time from sheffield and here you are an hour late its not good enough " well that was the tone set for the day , he said all her figures where wrong re my outgoings and incomings she said , well thats what she told me meaning me ! he said you had her bank statements did you not check? he told her to stand down and go and prepapre properly , she took me in a side room and started doing my accounts by hand and asked me to add them up on a calculator ! she said to me I feel scared , well by this time I was in tears , she asked me to copy by hand two sets of accounts by hand so she could keep them!!! we then were told he was breaking for lunch ........ she just left me there no explanation nothing just left the building , when we came back we were took in at 230 this afternoon to be heard again are you with me so far?

[Amber]

Shocking behavior from your solicitor, I'm with you.

[jojochaachaa]

Shocking behavior from your solicitor, I'm with you.

when we went back in he asked her for the new figures which she did give him handwritten trying quickly to copy another copt for the eco who was also in the room he asked her which of my benifits could be taken into consideration for maintenece .... she said all of them he said no that he believed none of them where but it was her job to find this out she just muttered and said erm im not sure at this stage I burst into tears stating that I just felt so overwhelmed and that none of my situation would change until my husband gets here and I have support , he asked if the job offer we have for him could be put in more detail ie the salary hours and also why the boss would want a moroccan and not someone from uk I told him that this was a Marrakechian restraunt and that he would fit right in there, I was just in tears he said that he felt I am being poorly represented and for this reason that he has decided to ajourn the case for her to get her facts together and see f We could get the man whos offered the job to attend and maybe bring his profit and loss ? is this right I know that the owner would know way he would have a spare day to attend manchester tribunal, he said he never offers ajounments normally and it would be roughly march I again broke down and he did show me compassion and got me a date for the 26 september are you still with me Amber?

[Amber]

Did she do no preparation? Truly awful. Moreover, a sponsor is entitled to rely on his or her own recourse to public funds to the extent that paragraphs 6A to 6C of the Rules provide. The two cases I gave previously would have helped your solicitor.

Key to this would be in Yarce at [46]:

“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.”

She needs to look up the cases.

Not to mention he is from Morocco and entitled to claim CA if he chooses to care for one of the children.

[Amber]

If your useless solicitor had done the slightest bit of research she would have come across The UKBA Guidance for adequate maintenance (click), which clearly states at

(a) Establish the sponsor’s and/or applicant’s (if they are in the UK with
permission to work) current net income. The net income should be established
and if the income varies, an average should be calculated. Income from
benefits can be included as income.

The guidance is enough to close the case as it is well laid out.

Furthermore, the calculation in the example at 5.2 shows benefits being used (Child Benefit and Tax Credits) in the calculation.

[jojochaachaa]

If your useless solicitor had done the slightest bit of research she would have come across The UKBA Guidance for adequate maintenance (click), which clearly states at

(a) Establish the sponsor’s and/or applicant’s (if they are in the UK with
permission to work) current net income. The net income should be established
and if the income varies, an average should be calculated. Income from
benefits can be included as income.

The guidance is enough to close the case as it is well laid out.

Furthermore, the calculation in the example at 5.2 shows benefits being used (Child Benefit and Tax Credits) in the calculation.

she then got me in a side room and said we could apply again and she would do it pr bono!! or just for a little money I said but the visa is another 1000 pounds? but the judge clearly said he would accept that benifits could be used as long as she could prove which ones she just kept saying all , he said look im ajourning, for the sake of the sponsor as you have not done your job I told her tax credits child tax creds and child support could be used she said no they all can , Amber I do not want to use this solicitor again , I am going to call the boss in the morning and file a complaint please tell me I do not have to use her I cant be in her company she just absoloutly drains me she even asked if she could say I had memory loss and had omitted to tell her things!!!! I really do not know where to start , I guess calling her senior tommorow? I also have to get a more detailed job offer for my Husband you know with salary etc , Oh how I wish you were a Solicitor can I throw her off the case she said no she must be there ?

[jojochaachaa]

Did she do no preparation? Truly awful. Moreover, a sponsor is entitled to rely on his or her own recourse to public funds to the extent that paragraphs 6A to 6C of the Rules provide. The two cases I gave previously would have helped your solicitor.

Key to this would be in Yarce at [46]:

“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.”
she did have preparation but it was all wrong she blamed me he said to her did you not have her bank account statements she said yes he said then its your fault to be honest she has sent me in excess of 50 e mails asking me too send scan copy things I really do not know that this is normal practice I have never had a solicitor before , he said if I was on dla it would be ok but it is in fact the kids that are on them so its not mne to use when I cried he did say that he also had to consider article 8 as I explained that my situation would not change until my husband arrived am I right in saying tax credits child benifit and carers allowance can be used ?
She needs to look up the cases.

Not to mention he is from Morocco and entitled to claim CA if he chooses to care for one of the children.

[Amber]

A complaint may be enough for her to get her act together.

Can you state all your income (all benefits including HB and CTB, but for the child's DLA) and the rent (before HB/CTB)?

[jojochaachaa]

A complaint may be enough for her to get her act together.

Can you state all your income (all benefits including HB and CTB, but for the child's DLA) and the rent (before HB/CTB)?

Income support 90.50 per fortnight
child benifit 33.70 per week
carers allowance 58.45 per week
tax credits 144.50 per week
maintenence 300.00 per month
housing 385.67 per month
ct 50.26 per month
housing ben 385.67 per month
ct ben 50.26 per month


dla is 400.14 x 2 if needed but I think you mean not this

Think thats it x

[Amber]

I've not forgotten you, I'll reply tomorrow once I'm at my computer.

[jojochaachaa]

I've not forgotten you, I'll reply tomorrow once I'm at my computer.

thank you so much Amber