SPOUSE VISA REFUSED FOR CARERS HELP NEEDEdr

[Amber]

You should send any evidence you think supports your case.

[sonya24]

Hi my husband has received this message today he sent a letter and documents to entry clearance manager for a review.

Dear Mr xxx
RE: (Refused on 18-09-2013)
Thank you for your letter of 02 September 2013. We rang today but your cell is off and no one attended properly through your PTCL number.
You asked for a review of the decision to refuse your visa. The decision in this case allows you a full right of appeal but I note that we have not yet received appeal forms. Please note that all appeals must now be submitted directly to the Immigration and Asylum First-tier Tribunal, and the appropriate fee paid (http://www.justice.gov.uk/), this is also explained on the refusal notice that was sent to you.
I have linked these documents in your file for future use.

Yours sincerely,


NAK
Correspondence Team
International Operations and Visas

UK Visas and Immigration
British High Commission Diplomatic Enclave, Ramna 5, Islamabad, Pakistan
Email: visaenquiries.islamabad@fco.gov.uk
Web: www.ukba.homeoffice.gov.uk/visas-immigration www.gov.uk/world/pakistan

***********************************************************************************

[Amber]

Reply to that email address and state that you have sent the appeal in. However, in the interest of saving money (for both me and the government) and avoiding an unnecessary tribunal you are giving them the opportunity to reconsider the case ASAP and avoid any further stress and unnecessary delay. Explain that the reconsideration request sets out very simply and clearly how the applicant satisfies the requirements. Moreover, there is nothing preventing them reconsidering the case now as that is the standard procedure prior to appeal, indeed, this is what the government now expects, a reconsideration rather than lengthy and costly appeals.

[sonya24]

Hi this is the reply they have sent me yesterday.

Dear Ms.
Ref:
Thank you for your email of 10 October 2013.
You have confirmed that an appeal has already been lodged directly with the Immigration and Asylum First-Tier Tribunal. The Tribunal will log this appeal, and send it on to us at British High Commission in Islamabad. When we receive the appeal, an Entry Clearance Manager will review the application. If we decide not to overturn the decision, the appeal will be sent back to the Tribunal as soon as possible. If we overturn the decision at review, Mr. Jaffer Murad will be contacted with arrangements to submit passport.

Your comments pertaining to Mr. J refusal have been noted, and a copy of this correspondence is included in the file for the reviewing Entry Clearance Manager to consider when the appeal is received. Every appeal is carefully reviewed by an Entry Clearance Manager, and many are overturned at that stage, as the appellant has had the opportunity to fully address the refusal reasons and provide any missing documentation.

I hope this information has been of use to you.

Yours sincerely,

TA
Correspondence Team
International Operations and Visas

UK Visas and Immigration
British High Commission Diplomatic Enclave, Ramna 5, Islamabad, Pakistan
Email: visaenquiries.islamabad@fco.gov.uk
Web: www.ukba.homeoffice.gov.uk/visas-immigration www.gov.uk/world/pakistan

[Amber]

It appears that they only now reconsider after receiving the appeal, more wasted money, yet, as they've got information ready you may get a faster response.

You should continue to elevate the complaint to senior staff at the HC, explain that to not review the case now is adding undue pressure and given the fact you're a carer you're going through enough stress this needs to be sorted out. In the interest of a British National's welfare they should review the case now as they have all the necessary documentation. The government's ethos is to avoid appeals and tribunals yet the UKBA seem to be on a course to just create more and more unnecessary time wasting when the applicant has submitted an appeal. If they would train EC staff correctly in the first place instead of giving the staff 12 minutes to make a decision things might not be so dire! It's a disgusting service for some of the most vulnerable family members.

[sonya24]

Hi thanks for the reply how do i contact a senior person at bhc? I just called the tribunal and they told me that its taking up to 6 weeks to register your appeal i went to my mp as well he said he will contact the home office but he never got back to me i qm so upset this procedure is taking agesss.

[Amber]

Ask for the Deputy High Commissioner (Alison Blake) to get involved. Yes it's a very slow process I'm afraid.

[sonya24]

Thank you so much for the how do i contact alison blake do you have a phone number or email address?

[Amber]

Try contacting 0092 51 201 2000, ask if you can speak to her, if not, ask for her email.

[sonya24]

Hi just a quick update I rang the tribunal today because the fees was still not taken out of my bank account I was told that they have received my appeal but cannot give me any information because I am a sponsor not a representative my husband would need to send them a fax that says that I authorize my wife to be my non legal representative and receive any correspondence from the tribunal.I was told here that I cannot be a representative that's why I didn't fill in my details.I will have to wait for another 10 working days now to speak to them.

[Amber]

You have filled in section 6 as a sponsor tell them to look at section 6 and thus you are allowed to talk about the case

[Amber]

Samsam121 I have split your post to a new thread (click).

[isma91]

hi my situation is similar I am receiving the same benefits and also have savings . we applies for my husbands visa on 22/03/13 I emailed them a few month back to ask for updates and the sent the following letter

"Your application for entry clearance under paragraph EC-P of Appendix FM to the Immigration Rules has been considered. Your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE. Your sponsor is exempt from meeting the requirements of paragraph E-ECP.3.1 as she is in receipt of DLA. In order to meet the requirements of these Rules you and your sponsor must be able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds. However, your sponsor has no source of income other than public funds. Furthermore, the bank statements submitted do not show an ongoing balance that suggests that she will be able to support you both and your dependents without recourse to public funds. I note that the higher balance at the time of application is apparently due to the sponsor selling her own possessions – although I am not satisfied that this is not simply a short-term deposit aimed at temporarily inflating the sponsor’s bank balance for the sake of this application. Either, way, it does not suggest a sponsor who is in a position to support her partner and child without recourse to public funds.

Therefore, I am not satisfied that you and your sponsor are able to maintain and accommodate yourselves and any dependents adequately in the UK without recourse to public funds.
A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State’s appeal. Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.
In the meantime, if by 23rd November 2013 you submit any further information or document(s), it must relate directly to the reasons given above as to why you do not meet the income threshold requirement. It must also relate only to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period(s) prior to that date. If, on the basis of this further information or document(s) and otherwise, your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.
You can submit further documentation to us via courier, using the postal address above, or via one of our Gerry’s visa application centres. Please ensure that documents sent to us comply with the guidance online in relation to supporting documents. You should also include a covering note quoting your reference number (found at the top of this letter), so that we can identify your case. Evidence should be submitted in original format and thus emailed copies of documents will not be considered as part of the application process.
Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (e.g. in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.
If you wish your passport to be returned to you while your application remains on hold, please email visaenquiries.islamabad@fco.gov.uk and this will be arranged for you.
I apoloigse for the inconvenience this will cause you and your family. We will update you once we know the outcome of the appeal.
Yours sincerely,
M Partridge Head of Section UK Visas and Immigration British High Commission, Islamabad, Pakistan"

I am on carers allowance, child benefit, child tax credit and income support. I also have about £5000 in my saving account. I live with family member so don't have to pay rent.

I would be greatful for advise if I should wait for the outcome or should I withdraw the application and re apply.....thanks

[sonya24]

Hi my husband spouse visa was refused in september 2013 and i appealed against the decision my ecm deadline is 28th if april i have sent a couple of request to the embassy to make a decision asap but all they say is that its under process i even sent 2 requests to the judge to expedite my appeal but they were refused.Can somebody advise me what happens after the ecm deadline and how long will it take get an appeal hearing?anybody got an appeal hearing date recently?

[Amber]

If the ECM successfully reconsiders your case, the appeal will lapse and the leave will be granted. If not, appeals are usually many months.

[sonya24]

Hi amber quick update on my husbands appeal ecm deadline has passed and i received a letter from tribunal yesterday that i have been given a court date for 13th November i am very upset because i dont think my husband can get here this year.i have another plan in mind if you can shed some light i have been offered part time job in a office i was wondering if i could consider accepting the offer and stop claiming income support and continue to claim carers allowance ctc and cb and reapply for my husbands visa i can ask the company to give me letters to support the application do you think this will help?

[Amber]

This is happening more frequently due to the ECM not having enough time/staff shortage they don't get to reconsider many cases. You may send further information to the tribunal and ask the treasury solicitor to consider the case and they may allow the appeal to lapse and the leave be granted. There is no guarantee resubmitting with earnings will work, remeber, with CA you may only earn £100 per week Net.

Keep contacting the ECM and ask the to reconsider with the new evidence i.e. at the beginning of this thread. They can reconsider the case at any time.

[sonya24]

Thanks for the reply how do i do that i had requested the tribunal to expedite my appeal but it was refused twice.

[sonya24]

They are giving decision on settlement visa in 60 days now i dont mind paying the fees again if this will help.

[Amber]

Not to expedite the appeal, they won't do that unless someone is seriously ill for example. If you write to the tribunal and ask the Treasury Solicitor to review the case prior to the tribunal date as to save the state money, you may get lucky.

They may be making decisions in 60 days, however, there is no guarantee that they'll grant leave. They may say no again.

[sonya24]

Do i contact treasury solicitor directly or i should call the tribunal and ask them to do so.

[sonya24]

I know but they won't have a reason to refuse my application as ill be working aswell and i will be earning more than enough

[Amber]

Then it's up to you if you wish to re-apply.

[sonya24]

Ok thanks amber for helping me through out the process i am really grateful to you i am realllly frustrated now and i am trying my best to work something out i will keep you updated with the nee application one last question is a letter from my new employer sufficient to prove that i am working now ill be submitting my application this month and ill start work next work so no payslips.ill ask my employer to pay me weekly.i would have my salary coming in a few times when i apply.

[Amber]

Yes it should suffice.