Dear Amber,
I have been following you for long time and really got benefited from your answer which was given to others in several threads. Specially I can remember on thread and queries of Ms Aerial. [ source: http://www.immigrationboards.com/immigr ... 43210.html]
After seeing all your answers and great assistance I thought you could help me in my situation. I have got my ILR on 7th March 2014 for which I applied on 29th of November 2013. On the same day my wife applied using the form FLR(M) and requested the home office to hold her application until my case is decided. According to our request home office hold my wife's FLR(m) and I notified the Home Office that I got my ILR [though home office was well aware of it]. But yesterday I received a letter from HO saying that my wife's application falls to be refused solely because she does not fulfill the requirement of 18600GBP as she showed her earning of 13955GBP P/A and I did not showed any income in her application as I was unemployed that time.
My wife was granted visa as my dependent for the first time since 2010 [ She came in the UK in 2004 and she was student till 2010] though from 2010-2011 she was a PSW dependent as my visa category was PSW. But from Jan 2011 to December 2013 she was a Tier 4 dependent as my visa category was Tier 4 student.
I strongly rely on Chapter 8- Immigration rule A280(c) which explains transitional arrangements as Home Office granted Tier 4 Dependent visa for my wife before 9th July 2012.
1) Aren't Home Office in a big mistakes to put her under 18600 GBP P/A threshold? she does not fall under this rule in the first place, Isn't it?
2) Should we write to home office notifying this particular Immigration rule as the case worker also suggested me to write to him by 21st of May if I have anything to say regarding his decision? [He also gave a green sticker where his name is marked and advised my wife to stick this label while sending]
3) He also notified my wife that, he is not gonna issue a formal refusal letter yet as a case on 18600GBP issue is still pending in appellate division to be decided and he will keep holding my wife's application until the verdict is announced.
4) Moreover, at the first time she showed her income is 13955 and we showed that we are giving one room sublet and also earning for them. I have a 3 years old son and not sure whether this income is suffice. At this moment I am receiving housing benifit+Child benifit+WTC+CTC+ Contribution based JSA. should I give all this information while we draft a letter to case worker?
5) we are receiving WTC &CTC under her name though I applied for it and put my wifes name as she is working at this moment and I am still looking for job. Does this WTC and CTC have any effect on her application as she is not supposed to take public fund. I called to the HMRC they said its fine as you have got ILR and we count this as jointly and it will not breach any law. Is this explanation of HMRC is correct?
I will be so grateful if you could answer my questions please.
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