ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Search found 65 matches

by jojochaachaa
Sat Sep 21, 2013 10:35 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

Re: amber

Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all. This is how I have set out the new figures does it look ok to you or do I ...
by jojochaachaa
Sat Sep 21, 2013 9:47 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

amber

Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all. This is how I have set out the new figures does it look ok to you or do I ...
by jojochaachaa
Fri Sep 20, 2013 9:47 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

your thoughts

Don't worry about it. You would most certainly see a reduction in the benefits if your spouse worked full time. You would likely not be much better of with him working. The judge should not have stipulated that he must have a job offer and your adviser should have argued this point. The most import...
by jojochaachaa
Thu Sep 19, 2013 10:24 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

Re: Same situation

Hi jo i been reading your situation an i really feel you. Im married to an algerian an will be submitting my papers next week. Touch wood they accept. But by hearing yours i feel i might land in same boat. You just got to be strong. They will accept eventually its just a matter of patience. Some ta...
by jojochaachaa
Thu Sep 19, 2013 8:56 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

OOOOh I despair amber thank u for this

After reading the guidance (click) at page 2, paragraph 4 it is clear that: Only employment income of the applicant if they are in the UK with permission to work can count towards the requirement to be adequately maintained. Job offers or the applicant’s prospects of employment will not be taken in...
by jojochaachaa
Tue Sep 17, 2013 7:28 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

hello again

Don't worry about it. You would most certainly see a reduction in the benefits if your spouse worked full time. You would likely not be much better of with him working. The judge should not have stipulated that he must have a job offer and your adviser should have argued this point. The most import...
by jojochaachaa
Tue Sep 17, 2013 6:11 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

amber

No benefits are excluded please see the guidance (click) at 5.1(a). I think it's a misdirection to start to look at projected income and you can't possible know how it's going to affect the benefits unless you have hourly rates of pay and all the other details regarding benefits and disability elem...
by jojochaachaa
Tue Sep 17, 2013 5:40 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

If he is working full time you wouldn't get Income Support and perhaps no council tax or housing benefit. But that's if he gets a job. At the moment the assumption should be based on your benefits and him claiming care's allowance as I am sure you will need help caring as opposed to him working ful...
by jojochaachaa
Tue Sep 17, 2013 5:20 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

amber

The guidance (click) at 5.1 states that Benefit income can be included, it does not state any exclusions therefore, all your benefit income can be included. The DLA is for your children's care needs hence why I suggested this should not be used. Although, it is paid to you, that is because you are ...
by jojochaachaa
Tue Sep 17, 2013 4:22 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

last bit of help

Hi Joanna, So long as the case is set out as we discussed earlier your appeal should succeed. If the judge starts to look at other non relevant outgoings like housekeeping, and takes this into account, you'll have grounds to appeal any unfavourable decision as s(he) will have erred. I am wholly opt...
by jojochaachaa
Sun Sep 15, 2013 5:21 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

hi there amber

Yes, try not to worry. I have managed to have a conference call with the barrister on tuesday amber I have heard that some of the laws have been altered this week im not sure that this will affect me at all ? (MM and others N british children and zh tanzanier had been mentioned) Im so confusedis th...
by jojochaachaa
Sat Sep 07, 2013 10:59 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

appeal

Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all. thats reassuring to hear I hope the Barrister knows his stuff is it normal...
by jojochaachaa
Sat Sep 07, 2013 10:18 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

hi there Amber

In-comings and outgoing, what do you mean? This is not supposed to be a common financial statement, it is supposed to be laid out as per the above guidance at chapter 5.2, the same way as I laid it out. The ruling in Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] displ...
by jojochaachaa
Sat Sep 07, 2013 10:10 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

I will be in touch

I'm sure it will go much better this time. You should perhaps take a print out of what I wrote above and print the necessary guidance namely http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/maintenance.pdf?view=Binary which supports your case, highlighting chapte...
by jojochaachaa
Sat Sep 07, 2013 9:41 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

hi there Amber

If you send what I wrote above most recently to your solicitor she should be able to expand on the guidance notes and case law enough to show that your family unit can adequately maintain themselves. What I wrote above lays it out quite clearly, especially so for an immigration solicitor, you'll ne...
by jojochaachaa
Tue Aug 13, 2013 3:33 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

Re: update

You're quite welcome. I would send it now and give them the opportunity to reconsider the case. I am away now for a few weeks so I will see what the solicitor comes back with I told the boss this morning and he said he will instruct council and apologised profusely I just can not have her represent...
by jojochaachaa
Wed Aug 07, 2013 11:56 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

update

You're quite welcome. I would send it now and give them the opportunity to reconsider the case. I am away now for a few weeks so I will see what the solicitor comes back with I told the boss this morning and he said he will instruct council and apologised profusely I just can not have her represent...
by jojochaachaa
Wed Aug 07, 2013 11:18 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

Angel Amber

You should set it out as follows: 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 , staf...
by jojochaachaa
Wed Aug 07, 2013 9:30 am
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

angel

D4109125 wrote:I've not forgotten you, I'll reply tomorrow once I'm at my computer.
thank you so much Amber
by jojochaachaa
Tue Aug 06, 2013 8:56 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

finances

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 ...
by jojochaachaa
Tue Aug 06, 2013 7:24 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

angel

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 ...
by jojochaachaa
Tue Aug 06, 2013 7:15 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

I was waiting for jeremy beadle

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 ...
by jojochaachaa
Tue Aug 06, 2013 6:31 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

thanks

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 ....
by jojochaachaa
Tue Aug 06, 2013 5:41 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

Re: yes

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...
by jojochaachaa
Mon Aug 05, 2013 10:42 pm
Forum: Claiming Benefits
Topic: exempt from financial requirement but spouse visa declined
Replies: 105
Views: 16208

yes

D4109125 wrote: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