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need urgent advice for spouse visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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kainatalipk
Newly Registered
Posts: 19
Joined: Sun Oct 12, 2008 1:03 am

need urgent advice for spouse visa

Post by kainatalipk » Fri Oct 17, 2008 1:35 am

hi , i been regular reader since a wk, its really informative, and i think u all are brilliant, its like a proper comunity where people are discusing thier problem , and every one become friends, and ur discusion help other people to resolve thier problems , i think its fantastic, this is the first time i m leaving request on the board, cause i m depresd and upset, and i hope with the help of u peple i will get through this,so here's my problem
i have applied as dependent of student , my husband is in uk , i applied first on 29th july got refusal on 5th , but didnt get my pappers back till 18th aug,so till 18th aug i didnt know tht i got visa or no,then it took time to resolve the abjections which been made, by the time all the apper work was ready the appeal time was over, any way the objection was to 1.provide my sponsor (which is my uncle )financial detail, mean bank staments etc,2. my husband progress report,3. accomodaton survey report, well after compelting all those we resubmit our case, the submit date was 11th and on web site the status was changed on 19th then he vac was closed so after a painful wait i got call to collect my documnet today, as soon i open the packet the was 1 objection again,gutted ,and my case was refused, and givin the right of appeal, the objection is my sponsor is not strong enough to support me and i will be claiming benifit over there ,
so my question is ,1 is sponsorship imprtant for sudent wife,
2. wht could be the way out,
3.my uncle has provided all the document which he possibaly could do,
what sould i do next cause i dont want to go for appeal i heard it take ages to get resolve, and i m very upset abt it, wht sould i do next,
hope to hear soon,
thanks for taking ur time
regards

vinny
Moderator
Posts: 33224
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Oct 17, 2008 1:45 am

Unfortunately,
PA (Student’s family: third-party support?) Bangladesh [2008] UKAIT 00016 wrote:The maintenance requirements of para 76 of the Immigration Rules are not met by the provision of maintenance by a third party.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kainatalipk
Newly Registered
Posts: 19
Joined: Sun Oct 12, 2008 1:03 am

Post by kainatalipk » Sat Oct 18, 2008 1:43 am

vinny wrote:Unfortunately,
PA (Student’s family: third-party support?) Bangladesh [2008] UKAIT 00016 wrote:The maintenance requirements of para 76 of the Immigration Rules are not met by the provision of maintenance by a third party.
is that mean we made a fatel error??????????by putting thirdparty sponsor where as i could maintain my self by doing full time job??? is it possible if we could withdraw our sponsor, but is that mean i have to show my own or my father's financial position????? plz plz let me knw as we r running out of time, the appeal time is nearly over.....thanx

vinny
Moderator
Posts: 33224
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Oct 18, 2008 1:14 pm

It may be difficult. You must show that you can maintain yourselves without recourse to public funds. Moreover,
12.27 - Dependants of students and prospective students and how they qualify wrote:Spouse's / civil partner's earnings
At the time of application for first entry to the UK by a spouse or civil partner, potential earnings should not be taken into account when assessing maintenance. The only exception to this is where the spouse or civil partner is already legally employed in the UK.
I think that it's an illogical judgement, when a student can have third party sponsorship, but his/her dependants apparently cannot.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

kainatalipk
Newly Registered
Posts: 19
Joined: Sun Oct 12, 2008 1:03 am

hi

Post by kainatalipk » Sat Oct 18, 2008 10:26 pm

thanx for ur time, i really appriciate that u talking interest help some one, who u dont even knw , that brilliant thanx a lot,
is tht mean i have to provide my own financial circustance, but wht if i dont have any reasonable financial proof...? wht else i could do plz help me out with ur advice

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