EXEMPTION THROUGH DISABILITY..(FINANCIAL REQUIREMENT)

[cutepie]

hi,got a letter from them saying they will contact us after july 28th ,so we wait and hope

[Amber]

Ok, well hopefully soon.

[cutepie]

thanx Amber for your advice ,let u know when we know

[cutepie]

hi amber .got our appeal date for 25th september.i got a letter from them saying they had no answer from the warsaw visa office when they asked them to send our visa bundle ...ive sent the visa office in warsaw emails asking them to send the bundle but no reply .not sure how to proceed ,what do you think ?thanx for your help amber

[Amber]

Write to the tribunal and request assistance .

[cutepie]

hi amber ,phoned the appeal centre today as we were waiting for our appeal decision .they told us that our appeal is now in a queue and will probably be weeks until they process it ,earliest being november ,is there anything we could do to speed things up ?thanx for your help amber

[cutepie]

hi amber ,were still waiting for our appeal decision and its been over a year since we first appealed .warsaw havent sent our spouse visa bundle application pack to the uk ,and the uk office keep saying a judge hasnt seen our appeal yet ,several times ive phoned them and they say various things like yes a judge has seen it so just wait for the decision letter .i spoke to them again yesterday and they said they are waiting another 2 weeks until the judge will look at our case.just to give warsaw another chance to send our pack to them.is this normal ?it feels like they are just making excuses .like i said its been over a year now ,is there any thing we can do ?i value your opinion amber ,what do you think?thanx ,david

[cutepie]

Hi Amber,just an update .........we are still waiting for our appeal decision and it is getting very stressful ,I phone them at least twice a week and all they say is that you just have to wait ,is there anything that we can do to hurry things up .its a joke really that its taking so much time .I want to scream and shout at them but know it wouldn't help things .Any ideas Amber? you've been great by the way ,thanks

[Missmiran]

As the sponsor receives Disability Living Allowance (Middles Rate Care (MRC) and Lower Rate Mobility (LRM)) I am exempt from the financial requirement and therefore I am only required to adequately maintain and accommodate ourselves.

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 (included). 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:

Employment and Support Allowance = £181.99
Disability Living Allowance (MRC & LRM) = £74.00
Housing Benefit = £63.99

Total income = £319.98 per week

B, accommodation costs:

Rent = £63.99 per week

Total accommodation costs = £63.99 per week

C, income support applicable amount:

An amount for a couple = £112.55 per week

The total income support applicable amount for my family unit is £112.55 per week

A at £319.98 – B at £63.99 = £255.99

As £255.99 is greater than C at £112.55 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.

Furthermore, I have savings of £1000 which would be an additional tariff income of:

£1000 divided by visa duration of 130 weeks (2.5 years) = £7.69 per week

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.

Hi Amber,
Pleas help !!
My husband is on dla, we have met financial requirements as per above calculation. Only trouble is accomodation. He is receiving fully housing and council tax. His contact state only one person. But priority servey stated it's for 2 people. How can we convence ukba for accommodation? If we need letter from landlord, to whom we need to inform? To council or to benefit peopel? And what if they refuse to give us permission ?

[CR001]

As the sponsor receives Disability Living Allowance (Middles Rate Care (MRC) and Lower Rate Mobility (LRM)) I am exempt from the financial requirement and therefore I am only required to adequately maintain and accommodate ourselves.

Hi Amber,
Pleas help !!
My husband is on dla, we have met financial requirements as per above calculation. Only trouble is accomodation. He is receiving fully housing and council tax. His contact state only one person. But priority servey stated it's for 2 people. How can we convence ukba for accommodation? If we need letter from landlord, to whom we need to inform? To council or to benefit peopel? And what if they refuse to give us permission ?

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