exempt from financial requirement but spouse visa declined

[jojochaachaa]

Please help me,
I am a uk citizen with 2 kids both on dla and I have given up work to be their carer as it was too hard otherwise I got married to my Moroccan husband in 2012 and we applied for his visa in june 2012 I am exempt from meeting the financial requirement but they still declined our visa the reason was financial saying they didn't think I could support him they also said he needed a job offer and to submit c v s etc , ok so we appealed with his job offer his c v s all bank accounts sorted and 5000 in savings and we have our appeal in four weeks, I have just hired a solicitor but to be honest she seems very clueless about many things , I just don't understand how I am exsempt but there failing us on financial reqirements , the thing is until he is here nothing can possibly change for me as I have no support at all can anyone please God help me know how I can prove I can support him without any more recourse to Pfunds I am so very low , just found this site and its given me a glimmer of hope
Thanks
be kind Im low enough

Jo

[Amber]

Please help me,
I am a uk citizen with 2 kids both on dla and I have given up work to be their carer as it was too hard otherwise I got married to my Moroccan husband in 2012 and we applied for his visa in june 2012 I am exempt from meeting the financial requirement but they still declined our visa the reason was financial saying they didn't think I could support him they also said he needed a job offer and to submit c v s etc , ok so we appealed with his job offer his c v s all bank accounts sorted and 5000 in savings and we have our appeal in four weeks, I have just hired a solicitor but to be honest she seems very clueless about many things , I just don't understand how I am exsempt but there failing us on financial reqirements , the thing is until he is here nothing can possibly change for me as I have no support at all can anyone please God help me know how I can prove I can support him without any more recourse to Pfunds I am so very low , just found this site and its given me a glimmer of hope
Thanks
be kind Im low enough

Jo

You applied under the old rules so in what way would you be exempt? You are exempt under the new rules if you are receiving carers allowance. You need to be able to adequately maintain and accommodate the applicant without recourse to public funds. Furthermore a person who is from Morocco should be able to claim carers allowance regardless of visa (get the solicitor to check this) if both your children are claiming middle or higher rate care DLA then both you and your partner could claim carers allowance. Your partner should not be made to get a job I think the savings should suffice. Look into him being allowed to claim carers allowance. Your solicitor should be doing all this.

[jojochaachaa]

Please help me,
I am a uk citizen with 2 kids both on dla and I have given up work to be their carer as it was too hard otherwise I got married to my Moroccan husband in 2012 and we applied for his visa in june 2012 I am exempt from meeting the financial requirement but they still declined our visa the reason was financial saying they didn't think I could support him they also said he needed a job offer and to submit c v s etc , ok so we appealed with his job offer his c v s all bank accounts sorted and 5000 in savings and we have our appeal in four weeks, I have just hired a solicitor but to be honest she seems very clueless about many things , I just don't understand how I am exsempt but there failing us on financial reqirements , the thing is until he is here nothing can possibly change for me as I have no support at all can anyone please God help me know how I can prove I can support him without any more recourse to Pfunds I am so very low , just found this site and its given me a glimmer of hope
Thanks
be kind Im low enough

Jo

You applied under the old rules so in what way would you be exempt? You are exempt under the new rules if you are receiving carers allowance. You need to be able to adequately maintain and accommodate the applicant without recourse to public funds. Furthermore a person who is from Morocco should be able to claim carers allowance regardless of visa (get the solicitor to check this) if both your children are claiming middle or higher rate care DLA then both you and your partner could claim carers allowance. Your partner should not be made to get a job I think the savings should suffice. Look into him being allowed to claim carers allowance. Your solicitor should be doing all this.

Thanks for your speedy reply ok heres how it was we applied in june but in july they said we missed the deadline so we are under the new rules , My eldest son who has autism adhd sensory problems dosent have a carer as such as I can only claim for one . are you sure my husband can claim he is is morocco not here , the solicitor is not seeming to find these things out at all although she had mentioned a letter from my son a statement ,there both on high rate care but don't understand how my hubby could claim when hes not in country ? but its a great idea you are so very clever , I know what you mean about the job the fact is if I don't get help soon my eldest son is starting to massively go off the rails again and I am not coping well at all I so need my other half here Many Thanks

[Amber]

I mean when he arrived he should be able to claim CA in the UK as he is from Morroco regardless of carers allowance being a public fund you should get your solicitor to look this up! If they're both getting higher rate you could both claim carers allowance. Therefore with that you should be able to adequately maintain yourself and you have £5000 in savings. However under the new rules a 2.5 year visa would require around £14000 savings but £5000 coupled with 2 x carers allowance should hopefully suffice. Being exempt still means you must be able to adequately maintain and accommodate yourself and your partner. Basically have income of £112.55 NET per week for you both after deducting rent or mortgage. You can't include your children's DLA for your income as its for them. But tell your solicitor to look up whether a person from Morocco can claim carers allowance despite it being a public fund, if do explain that he will be doing so.

[jojochaachaa]

I mean when he arrived he should be able to claim CA in the UK as he is from Morroco regardless of carers allowance being a public fund you should get your solicitor to look this up! If they're both getting higher rate you could both claim carers allowance. Therefore with that you should be able to adequately maintain yourself and you have £5000 in savings. However under the new rules a 2.5 year visa would require around £14000 savings but £5000 coupled with 2 x carers allowance should hopefully suffice. Being exempt still means you must be able to adequately maintain and accommodate yourself and your partner. Basically have income of £112.55 NET per week for you both after deducting rent or mortgage.

This is amazing news I hate being on benefits but its my needs at moment I do also recive 75 pw from my ex partner would that count ? oh I am smiling for the first time in a long time , I can work when hes here only part time but its an extra 90 per week I get housing and council tax benefit too this is what I am trying to work out , how I can make the required amount up from what source ? Thank you for your time huge bouquet to you soon

[Amber]

I mean when he arrived he should be able to claim CA in the UK as he is from Morroco regardless of carers allowance being a public fund you should get your solicitor to look this up! If they're both getting higher rate you could both claim carers allowance. Therefore with that you should be able to adequately maintain yourself and you have £5000 in savings. However under the new rules a 2.5 year visa would require around £14000 savings but £5000 coupled with 2 x carers allowance should hopefully suffice. Being exempt still means you must be able to adequately maintain and accommodate yourself and your partner. Basically have income of £112.55 NET per week for you both after deducting rent or mortgage.

This is amazing news I hate being on benefits but its my needs at moment I do also recive 75 pw from my ex partner would that count ? oh I am smiling for the first time in a long time , I can work when hes here only part time but its an extra 90 per week I get housing and council tax benefit too this is what I am trying to work out , how I can make the required amount up from what source ? Thank you for your time huge bouquet to you soon

You should be able to use the CHild support. The housing and council tax benefit will be possibly reduced when he arrives but should be minimal. Moreover if you're both carers you may be both exempt from council tax. You should seek a benefit specialists advice. Whilst on carers allowance you can work and earn no more than £100 per week.

[jojochaachaa]

I mean when he arrived he should be able to claim CA in the UK as he is from Morroco regardless of carers allowance being a public fund you should get your solicitor to look this up! If they're both getting higher rate you could both claim carers allowance. Therefore with that you should be able to adequately maintain yourself and you have £5000 in savings. However under the new rules a 2.5 year visa would require around £14000 savings but £5000 coupled with 2 x carers allowance should hopefully suffice. Being exempt still means you must be able to adequately maintain and accommodate yourself and your partner. Basically have income of £112.55 NET per week for you both after deducting rent or mortgage.

This is amazing news I hate being on benefits but its my needs at moment I do also recive 75 pw from my ex partner would that count ? oh I am smiling for the first time in a long time , I can work when hes here only part time but its an extra 90 per week I get housing and council tax benefit too this is what I am trying to work out , how I can make the required amount up from what source ? Thank you for your time huge bouquet to you soon

You should be able to use the CHild support. The housing and council tax benefit will be possibly reduced when he arrives but should be minimal. Moreover if you're both carers you may be both exempt from council tax. You should seek a benefit specialists advice. Whilst on carers allowance you can work and earn no more than £100 per week.

think I got the solicitor too late she really is only prepearing a statement It is way too late think its too late now too go self employed as it would be too much for me anyway at this time , are you a solicitor ?your really good

[Amber]

I have just checked the guidance and as I thought, someone from Morrocco should be able to claim Carers Allowance on arrival despite having a no recourse to public funds attachment, mention this to the solicitor. I'm a legal academic so I don't practice, sorry.

[jojochaachaa]

I have just checked the guidance and as I thought, someone from Morrocco should be able to claim Carers Allowance on arrival despite having a no recourse to public funds attachment, mention this to the solicitor. I'm a legal academic so I don't practice, sorry.

That is a shame as you are better than anyone I have spoken to in the last 18 months honestly , the thing is if he claims carers here they will prob say that we need to reapply depends on the oral tribunal I suppose next month ,I think the fact that when we applied my bank was 80 pound overdrawn didn't help but I explained that it was with all the travelling and the wedding etc , ok I will say all this to solicitor she has asked for all copies of our travel since married not sure this will help seems all the wrong people get knocked back , good thing is we passed relationship status and language requirement , My mp is backing me too but its just all swamped me under now as I am not a academic person , really Thank you so so so so so much

[jojochaachaa]

I have just checked the guidance and as I thought, someone from Morrocco should be able to claim Carers Allowance on arrival despite having a no recourse to public funds attachment, mention this to the solicitor. I'm a legal academic so I don't practice, sorry.

Just an update spoke to the solicitor this morning and she said she is collating the skeleton arguments she said its not in his interest to claim carers but didn't say why? not feeling great faith in her at this moment as I have asked from which sources can we can get to the 112 a week again no answer aaaaaah

[arsalank]

[quote="D4109125"][quote="jojochaachaa"]Please help me,
allowance. Your solicitor should be doing all this.[/quote]

hello all, i am frm Pakistan and my wife is in UK,after marriage she lived with me 10months and went back to send me documentation for spouse visa thing, theres this thing, she is on CARER'S ALLOWANCE(for past4 years) and gets 58/week ....and has 2000 as savings, to be honest, on this website,i found you the only person with some knowledge about carer thing,i applied 3months back and will be hearing anything soon from BHC ...
i attached her property papers (she has space for me at her parents place) so we wont be paying rent and all
i had a job offer letter attached,my statement(5 Lac rupees)
since you seems to know about all this, am asking you, please be honest and tell me my chances
ill highly appreciate an honest reply,thank you

[Amber]

I have just checked the guidance and as I thought, someone from Morrocco should be able to claim Carers Allowance on arrival despite having a no recourse to public funds attachment, mention this to the solicitor. I'm a legal academic so I don't practice, sorry.

Just an update spoke to the solicitor this morning and she said she is collating the skeleton arguments she said its not in his interest to claim carers but didn't say why? not feeling great faith in her at this moment as I have asked from which sources can we can get to the 112 a week again no answer aaaaaah

Your solicitor will be thinking it'll look bad if he is intending on claiming public funds, although, if he's entitled to it shouldn't be viewed as negative, being a carer is a full time job much tougher than many other jobs. However, some people are very derogatory, hopefully your solicitor actually starts to look up the rules.

[Amber]

Please help me,
allowance. Your solicitor should be doing all this.

hello all, i am frm Pakistan and my wife is in UK,after marriage she lived with me 10months and went back to send me documentation for spouse visa thing, theres this thing, she is on CARER'S ALLOWANCE(for past4 years) and gets 58/week ....and has 2000 as savings, to be honest, on this website,i found you the only person with some knowledge about carer thing,i applied 3months back and will be hearing anything soon from BHC ...
i attached her property papers (she has space for me at her parents place) so we wont be paying rent and all
i had a job offer letter attached,my statement(5 Lac rupees)
since you seems to know about all this, am asking you, please be honest and tell me my chances
ill highly appreciate an honest reply,thank you

As your spouse is receiving carer's allowance you'll be exempt from the new financial requirement. The fact that there's no rent to pay and you've got a job offer with some savings will hopefully be enough to suffice adequate maintenance and accommodation.

[arsalank]

As your spouse is receiving carer's allowance you'll be exempt from the new financial requirement. The fact that there's no rent to pay and you've got a job offer with some savings will hopefully be enough to suffice adequate maintenance and accommodation.[/quote]

i was reading your previous posts where you mentioned 110/week requirement, hope it wont be a problem here .
i got no words to thank you for the hope you showed me, ill inform you about the outcome God willingly.
thank you once again

[Amber]

As your spouse is receiving carer's allowance you'll be exempt from the new financial requirement. The fact that there's no rent to pay and you've got a job offer with some savings will hopefully be enough to suffice adequate maintenance and accommodation.

i was reading your previous posts where you mentioned 110/week requirement, hope it wont be a problem here .
i got no words to thank you for the hope you showed me, ill inform you about the outcome God willingly.
thank you once again

You may face refusal, however, given that there is no rent and you're offered a job with savings I think on the balance of probabilities, you should be able to adequately maintain yourself and be successful.

[arsalank]

As your spouse is receiving carer's allowance you'll be exempt from the new financial requirement. The fact that there's no rent to pay and you've got a job offer with some savings will hopefully be enough to suffice adequate maintenance and accommodation.
.

hi Amber, you must have heard about the high court ruling about min income requirement, i just wanted to know ... would it effect applications made on the basis of Carer's allowance? please reply ....

ukba website states (On 5 July 2013 the High Court delivered its judgment on a legal challenge to the minimum income threshold for spouses/partners and children applying in the family route.

The Home Office has paused decision-making on some spouse/partner and child settlement visa and leave to remain applications to enable us to consider the implications of the judgment....)

[Amber]

See your other thread

[jojochaachaa]

I mean when he arrived he should be able to claim CA in the UK as he is from Morroco regardless of carers allowance being a public fund you should get your solicitor to look this up! If they're both getting higher rate you could both claim carers allowance. Therefore with that you should be able to adequately maintain yourself and you have £5000 in savings. However under the new rules a 2.5 year visa would require around £14000 savings but £5000 coupled with 2 x carers allowance should hopefully suffice. Being exempt still means you must be able to adequately maintain and accommodate yourself and your partner. Basically have income of £112.55 NET per week for you both after deducting rent or mortgage.

This is amazing news I hate being on benefits but its my needs at moment I do also recive 75 pw from my ex partner would that count ? oh I am smiling for the first time in a long time , I can work when hes here only part time but its an extra 90 per week I get housing and council tax benefit too this is what I am trying to work out , how I can make the required amount up from what source ? Thank you for your time huge bouquet to you soon

You should be able to use the CHild support. The housing and council tax benefit will be possibly reduced when he arrives but should be minimal. Moreover if you're both carers you may be both exempt from council tax. You should seek a benefit specialists advice. Whilst on carers allowance you can work and earn no more than £100 per week.

do you know amber which benifits or maintenence can be used to top up the funds needed I just recieved the appeal bundle and the eco says he is not convinced where my savings have come from he also says that even though my hubby has a job offer it dosent state salary? he also says that he is not willing to accept any further doumentation for the appeal although he has stated that he has accepted the written undertaking , I still have not seen my solicitor she is busy till monday 8 days before the appeal I am feeling so anxious she does not know her job I feel so im left scouring the internet for help although shes happy to take the money , is the appeal a time to submit stuff or is it not allowed Im mega confused now Amber x

[Amber]

To be honest, it doesn't surprise me, you can send any evidence to the tribunal for your appeal. Anything in your bundle will be considered, whether the UKBA caseworker changes her/his mind is another question, there are many bad decisions (and good). I gather your savings were just acquired over time? Income can be sourced from benefits, earnings and capital (savings, rental income etc...). It is unclear and unlikely that the child's DLA could be considered as your income as that is for the child's care and or mobility needs, but I'm not certain on that as I've not seen a case. The carer's allowance, child benefit and tax credits would be your income. I think it was a stupid decision to refuse your partner's visa., however, we're not the caseworker.

[Amber]

See KA and Others (Adequacy of maintenance) Pakistan [2006] UKAIT 00065 (click) see also, Ahmed (benefits: proof of receipt; evidence) [2013] UKUT 84(IAC) (click)

[jojochaachaa]

To be honest, it doesn't surprise me, you can send any evidence to the tribunal for your appeal. Anything in your bundle will be considered, whether the UKBA caseworker changes her/his mind is another question, there are many bad decisions (and good). I gather your savings were just acquired over time?

My aunt died and left me 2 diamond rings and she said to me if you ever need to sell them please do so I did sell one and that is where most of the savings have come from I think im in my right to do this it was a gift to me, there is no way on this earth my husband wants any benifits at all I have asked my solicitor from which funds can I make up the weekly amount she still has not answered this I have had migraines for 12 days now its just all getting too much , My son also wants to attend the appeal as its oral thanks for your reply so quick also my savings are 6 grand now as I have been living very frugally for a year

[Amber]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

[jojochaachaa]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

[Amber]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

Yes it sounds like it's all over the place. I would write a statement detailing your savings and how they have been derived with evidence (i.e. copy of receipt). You should also list your income and how much you receive per week. The solicitor I think, doesn't realize that your partner can legally claim carer's allowance as an exception to the public funds rule, it's a right he has if he's caring for someone 35 hrs or more per week and that person is receiving middles or higher rate care DLA. He derives this right as he is Moroccan see here (click) at page 22, perhaps take a copy. Your partner can still work at the same time and earn up to ~£100 per week Net.

[jojochaachaa]

Sounds like a useless solicitor, again, no surprise. See the cases I linked on the other page they should give you information also see, Adequate Maintenance (click)

Do you have the receipt for the sale of the jewelry?

she is a useless solicitor and she has had 500 pound off me for one meeting yes I have a reciept for the ring I sold should I submit this?I will have a look at the links she also said there is no way that she will mention that my husband could be a carer for my son as that is more public funds , another thing is when we applied originally but paid for the visa after the 16 th of july 2012 they made us do all the forms again I also oput in this the maintenence from my ex however when I have recieved the appeal bundle they do not have any evidence of this only the basic benifits I was ? also the two letters I submitted after the appeal regarding my plight and my sons distress are also not with the bundle , how very confusing, after they made us do all the forms again they seem to have disappeered the eco says that he will not change his mind and anything submitted will have to go in with a new application , however he has accepted the written undertaking so theres a huge contradiction straight away isnt it xx

Yes it sounds like it's all over the place. I would write a statement detailing your savings and how they have been derived with evidence (i.e. copy of receipt). You should also list your income and how much you receive per week. The solicitor I think, doesn't realize that your partner can legally claim carer's allowance as an exception to the public funds rule, it's a right he has if he's caring for someone 35 hrs or more per week and that person is receiving middles or higher rate care DLA. He derives this right as he is Moroccan see here (click) at page 22, perhaps take a copy. Your partner can still work at the same time and earn up to ~£100 per week Net.

my income now or my income last june when we applied ? yes I will list all of this with me when I go to her which is monday I get 144 tax credits a week 45 income support a week 59 carers 75 maintenence and full housing and council tax benifits my two sons also recieve 400 per child per month dla this is plenty to live on more than enough I take it they will not let me use the dla as maintenence though ?