Refusal Case

[saleemnasir]

Dear Sir,

My wife is a British citizen and she is employed. She is getting work tax credit and child tax credit. On this basis they have refuse my visa application. they said"

I am satisfied that you meet the requirements of paragraph 281 of the ImmigrationRules, except for the following:
You state that your sponsor will maintain you in the UK. You have submitted your
sponsor's bank statements. This shows that your sponsor is in receipt of Child Tax
Credit and Working Tax Credit. These are defined by Paragraph 6 of the Immigration
Rules as public funds. Maintaining you in the UK will impose an additional financial
burden upon your sponsor. Your sponsor has two children from a previous
relationship to support, whilst earning c£1080 per month and paying rent of £550 per
month. You have no income from friends, family, or other sources; you do not have
any savings or property or other income. Your sponsor has no other source of
income from employment outside of her main occupation. The bank balance
submitted for your sponsor gives a balance of £4855.34 as of 29/12/08, but the
source of this bala'nce is unclear. Department for Work and Pension figures put the
minimum level of maintenance for a family of your size at £200.13 per week. You
have no employment arranged and you have presented no evidence of professional
skills or qualifications which would make your obtaining employment in the UK, in the
current economic climate, a realistic proposition. When taking into account your
sponsor's income and outgoings, I am not satisfied that her income is such that you
would not prove an additional burden on public funds. Therefore on the balance of
probabilities I am not satisfied that you will be adequately maintained and
accommodated in the UK without additional recourse to public funds. Paragraph 281
(iv) and (v) of HC395.
________________________________________________
Our solicitor said it'll be consider as income but they did not. Now my case is on appeal on 11 september. Can anybody help us about this issue. I'm Master Degree holder having 4 years of experience in Marketing, as they said I dont have provided any documents so should i provide these details at court?

[blessedlady89]

Sorry to hear about your refusal. You are allowed to appeal. My husband didn't claim Working tax credit and child tax credit although he is entitled. Because it MIght affect my application. The only money coming in from the gov't is the Child benefit for my child.

They refused my application bec ause of my previous immigration. I appealed and THANK GOD , Appeal allowed and I'm waiting for the call letter from BHC.

Good luck

Dear Sir,

My wife is a British citizen and she is employed. She is getting work tax credit and child tax credit. On this basis they have refuse my visa application. they said"

I am satisfied that you meet the requirements of paragraph 281 of the ImmigrationRules, except for the following:
You state that your sponsor will maintain you in the UK. You have submitted your
sponsor's bank statements. This shows that your sponsor is in receipt of Child Tax
Credit and Working Tax Credit. These are defined by Paragraph 6 of the Immigration
Rules as public funds. Maintaining you in the UK will impose an additional financial
burden upon your sponsor. Your sponsor has two children from a previous
relationship to support, whilst earning c£1080 per month and paying rent of £550 per
month. You have no income from friends, family, or other sources; you do not have
any savings or property or other income. Your sponsor has no other source of
income from employment outside of her main occupation. The bank balance
submitted for your sponsor gives a balance of £4855.34 as of 29/12/08, but the
source of this bala'nce is unclear. Department for Work and Pension figures put the
minimum level of maintenance for a family of your size at £200.13 per week. You
have no employment arranged and you have presented no evidence of professional
skills or qualifications which would make your obtaining employment in the UK, in the
current economic climate, a realistic proposition. When taking into account your
sponsor's income and outgoings, I am not satisfied that her income is such that you
would not prove an additional burden on public funds. Therefore on the balance of
probabilities I am not satisfied that you will be adequately maintained and
accommodated in the UK without additional recourse to public funds. Paragraph 281
(iv) and (v) of HC395.
________________________________________________
Our solicitor said it'll be consider as income but they did not. Now my case is on appeal on 11 september. Can anybody help us about this issue. I'm Master Degree holder having 4 years of experience in Marketing, as they said I dont have provided any documents so should i provide these details at court?

[Wanderer]

I thought this might happen policy wise.

Anyone who is unfortunate to be on benefits even WTC has those benefits set just to barely support the claimant and UK dependants. So it is logical to say it's not possible to support another person so no visa.

Whilst the logic is perfect, the fact is it's another huge pointer the the Gov is keeping us proles firmly without any light at the end of bleak tunnels.

God i;m depressed...

[hmm]

She is getting work tax credit and child tax credit. On this basis they have refuse my visa application.

The tax credit is NOT the reason for the refusal. ECO does not believe you can manage with just your wife's income.

This shows that your sponsor is in receipt of Child Tax Credit and Working Tax Credit. These are defined by Paragraph 6 of the Immigration Rules as public funds.

Here is the Home offce's guideline on this....
''Home Office policy on public funds is that there is no objection to the British citizen/settled sponsor receiving any public funds to which he is entitled in his own right. The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant. The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules (see also Chapter 1, Section 7 - Public Funds).''

The bank balance submitted for your sponsor gives a balance of £4855.34 as of 29/12/08, but the source of this bala'nce is unclear.

why do they say that? Explain to them where the money come from.

You have no employment arranged and you have presented no evidence of professional skills or qualifications which would make your obtaining employment in the UK, in the current economic climate, a realistic proposition.

you should send your qualification certificates, (if possible) a letter from your previous employer stating how long you worked there, etc or just include your pay slips and P60s to show that you have the qualifications and x number of years ofworking experience and is very employable. state what kind of jobs you can do in the UK with your qualifications and willing to do just anything until you find a suitable employment.

When taking into account your sponsor's income and outgoings, I am not satisfied that her income is such that you would not prove an additional burden on public funds.

True, looks that way from your application. But I don't see any other way than appeal agains their decision, armed with lots of supporting document and a good covering letter explaining every thing.

Our solicitor said it'll be consider as income but they did not.

I'm not sure about this. can anybody confirm whether it is true?
how much tax credit she receives?
The tax credit is NOT a fix amount it varies with children age, income, working hours, etc, etc. for most people the amount they receive changes every year. that's probably why they don't take it into account.

Good luck and let us know how you get on.

[AntCoe]

Hi

I really feel sorry for you and some of my friends were also refused.

My answer to you and all who are going to apply....

PLEASE PLEASE GIVE THEM AS MUCH DETAILS, PROOF, EVIDENCE. IF YOU FEEL THAT YOU ARE GIVING THEM TOO MUCH INFORMATION, GIVE THEM SOME MORE....the more they know about you and your circumstances, qualifications, income.....they better the chance of you getting approved!

you only get once chance, so do it right the first time around...

AntCoe