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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Thanks for your reply. I know this may seem OTT but it feels like the end of the world for me. I have so many questions so sorry if it seems like im asking too much or questioning you, i just want to find out my options. I'm currently in Pakistan and was hoping to come back to the UK with my wife. I guess i'll have to leave her yet again.Amber_ wrote:Oral appeal. You've calculated correctly. 3rd party support is not accepted. They must have missed the savings. It may take some time for an appeal I'm afraid. If this is an out-of Country appeal, appeal within 28 days of decision. I'll pull the case you need out for you sometime today.
Yes i pay no rent. And i think they accepted my CA of £59.75 a week as this is the amount they said i get weekly.Amber_ wrote:Yes once the appeal is lodged an ECM in Islamabad will look at the decision again. Clearly sate the case of Jahangara Begum & others (maintenance:savings) [2011] UKUT 246 which dictates how savings should be converted to tariff income as per your calculation. Also ask them to consider the savings in addition to the CA which exceeds the Income Support Applicable amount. I assume you pay no rent?
An oral appeal is better as the paper appeal is just heard in your absence - no chance to have your 'say'. ECOs in Pakistan have around 11 minutes to make a decision so things are often missed/errors are frequent.
Thanks for all your help. Hopefully we will appeal in a few days, online, as i've heard that is the quickest.Amber_ wrote:ECM reconsideration can be a few weeks to several months.
hi waqas, there was another post a few days ago on here where someone was refused just on the basis of him ticking the box which asks about third party support, even though you receive money from your dad you should not have mentioned that to them, as you said its entrapment.Waqas17 wrote: I'm thinking they refused it just because i said i get third party support? Thats entrapment and really not the British Spirit
Amber_ wrote:Send originals by recorded delivery.
Waqas17 wrote:Hi,
We have just learnt that my wife's visa has been refused. I, the sponsor, am exempt from the financial requirements as i earn Carer's Allowance, plus i have savings of £15000 for 6 months at the date of application. All bank statements, letter that it was a gift had been submitted. On top of this i mentioned my father gives me money as and when i need it.
I will be applying using cash savings too I have
Savings of 38k so I will only need to earn 10k a year
Salary the reason why they never took your savings
Into account is because it's below 16k am pretty
Sure your salary needs to be above 16k
The decision was basically:
"You are exempt as you are in receipt of Carers Allowance, therefore you have to adequately maintain yourselves, which equates to £112.50 per week for a couple. You say your sponsor receives money from his Father, but third party support is not allowed. Therefore your total income is £59.75 from the Carers Allowance"
I am really distressed as anyone would be who has been waiting for months to find out they have been rejected. I'm even more upset as they did not take into account my £15k savings? It states in Annex 1.7a 6.(5) that cash savings can be relied upon. I even did the following workings out on the application form:
15000/130weeks= £115.38
Carers allowance= £59.75
Total income is £175.13 which exceeds the £112.50 income support level.
Please can you help me? Should i appeal orally or by papers? I don't see the point of doing it orally as i will be submitting exactly the same info on my savings. 2 bank statements showing the original £15k transaction, letter stating it was a gift and a 6 month personal bank statement.
Why did they do this? How long will it take