spouse visa refusal

[onjfan2006]

Hi everyone...hope everyone is well, i am a newbie here and have been surfing through all this website...I enetered into a civil partnership with my same sex partner in Colombia earlier this year...in fact we married twice, first we married in Popayan through a public notary ...we were her first civil partenership case.. we had the reception , the family and friends at a beautiful hotel , all the family and guests were there..i am a British citizen , but was born in Colombia myself...but been here in UK since an early age..My partner is Colombian ...we had an appointment with the British consulate in Cali Colombia on another matter and during our conversation with her , our wedding came up, after telling her the details she told us that our marriage would not be recognised in the uk ,unless we were to enter into a civil ceremony at the British Embassy in Bogota ...This is what we then had to do , i was due to fly home in the next few days but had to postpone my flight for another week or so, in order for us to get married there..
This is my situation ...i am currently in receipt of benefits, i receive Incapacity benefit , income support and Disability living allowance .....My partners visa was refused on the grounds that 2 your sponsor is currently in receipt of substantial public funds, which he is entitled to , no evidence has been provided of any other income your sponsor recieves or any evidence that your sponsor is able to work , as no evidence has been provided of any previous employment , i am not satisfied that his income is likely to increase in the short term , ..."
Since this refusal , i have had substantial increases in my benefit.., totalling £280 per week ....would this not be enough for me to maintain my partner till he finds work ?...we are finding this situation very stressful and he has been under medical supervision by his gp for stress related issues caused by all this ...we have been together for 15 months and we spent 3 wonderful months together in Colombia when we got married....?...we are waiting for appeal date ...i have a solicitor , and have spoke to my local councilor who is an immigration expert , he will be asking any necessary questions on our behalf ....please can anyone help us advise us ...we are so grateful for any advise you could give us ....thank you

[Wanderer]

Benefits are geared to support the receiver and them only, anything greater would be unfair.

[onjfan2006]

these benefits are In my name Only,my partner is living in Colombia , we are awaiting the appeal date ..but i feel that my income is more than enough to suppport us both when he does arrive here , that is , until he finds work ..

[Wanderer]

these benefits are In my name Only,my partner is living in Colombia , we are awaiting the appeal date ..but i feel that my income is more than enough to suppport us both when he does arrive here , that is , until he finds work ..

Doesn't matter, the Gov. sets benefit level to suit the person in need and family, not anyone else the person might want to invite into the household from a land afar.

Sorry but that's the way it is.

[mochyn]

Together for 15 months?

UKBA is looking for proof of a 2 year relationship before issuing a visa

[onjfan2006]

there is no mention in the refusal letter that we have to have been together for 15 months, none at all ,

[onjfan2006]

apologies , what i meant to say is : there is no mention in the refusal letter that we both have to have been in a relationship for 2 years at least....this is only for un anmarried partner aor same sex partner....we are both legally married to each other , therefore we dont fall under that ruling

[Wanderer]

apologies , what i meant to say is : there is no mention in the refusal letter that we both have to have been in a relationship for 2 years at least....this is only for un anmarried partner aor same gender partner....we are both legally married to each other , therefore we dont fall under that ruling

That's right, but u still need to prove financial support, and as before, benefits are geared for the claimant, not the claimant and one foreign other, it's not me saying this, it's the UKBA...

It's not me saying no chance, I know it's been done but the odds are stacked against, especially as now we are in penny-pinching mode as a country thanks to this merciless coalition of disparates...

[vinny]

See also UK spouse visa help please. UK citizen disabled.

[onjfan2006]

* Bump* any other advice , anyone?....would an offer of work for my partner help us in any way . how should we go about this ?, why would anyone want to employ someone who is at the time living in a foreign country ?...any help would be much appreciated ... thank you

[John]

i have had substantial increases in my benefit.., totalling £280 per week

Why is that? What has happened to cause that increase? For example are you now classed as severely disabled?

[onjfan2006]

yes, that is the reason for the increase in my benefit...i am classed as severely disabled , i was assaulted by some thugs at my front door some time ago and was attacked using knives and bottles ...they tried cutting my fingers off...this on top of sexual physical abuse i received as a child has caused me many problems as an adult, including agorophobia and panic attacks...this increase has come about as a result of my psychologist filling in my DLA renewal form this year . i haven't mentioned any of this on my sponsors letetr , and i am worried that it may stop me from sponsoring my partner if i were to mention all this at the appeal ...any advice ?...

[John]

I cannot remember the name of the case but the fact that you are getting enhanced benefits because of the seriousness of your disabilities is because you need that extra money. Therefore it does not assist in your financial situation as regards your Civil Partner getting a Civil Partner visa.

Don't overlook here that the rejection was not because you are claiming benefits. It is because the quantum of your income is insufficient to show that your partner will not need to claim certain Public Funds.

Is your partner qualified in any way? What sort of work will they hope to get after they arrive in the UK on their Civil Partner visa?

Do you and your partner have any savings? If yes, roughly how much?

[onjfan2006]

hi, my partner has studied business administration ,ihave around £2000 in savings

[alikhan28]

Hi everyone...hope everyone is well, i am a newbie here and have been surfing through all this website...I enetered into a civil partnership with my same gender partner in Colombia earlier this year...in fact we married twice, first we married in Popayan through a public notary ...we were her first civil partenership case.. we had the reception , the family and friends at a beautiful hotel , all the family and guests were there..i am a British citizen , but was born in Colombia myself...but been here in UK since an early age..My partner is Colombian ...we had an appointment with the British consulate in Cali Colombia on another matter and during our conversation with her , our wedding came up, after telling her the details she told us that our marriage would not be recognised in the uk ,unless we were to enter into a civil ceremony at the British Embassy in Bogota ...This is what we then had to do , i was due to fly home in the next few days but had to postpone my flight for another week or so, in order for us to get married there..
This is my situation ...i am currently in receipt of benefits, i receive Incapacity benefit , income support and Disability living allowance .....My partners visa was refused on the grounds that 2 your sponsor is currently in receipt of substantial public funds, which he is entitled to , no evidence has been provided of any other income your sponsor recieves or any evidence that your sponsor is able to work , as no evidence has been provided of any previous employment , i am not satisfied that his income is likely to increase in the short term , ..."
Since this refusal , i have had substantial increases in my benefit.., totalling £280 per week ....would this not be enough for me to maintain my partner till he finds work ?...we are finding this situation very stressful and he has been under medical supervision by his gp for stress related issues caused by all this ...we have been together for 15 months and we spent 3 wonderful months together in Colombia when we got married....?...we are waiting for appeal date ...i have a solicitor , and have spoke to my local councilor who is an immigration expert , he will be asking any necessary questions on our behalf ....please can anyone help us advise us ...we are so grateful for any advise you could give us ....thank you

I remembered in a case law in which court ordered that incapacity benefits and disability allowance should be included as income.

In my view eco has clearly error in decision so I would advise consult a good solicitors for appeal.

I remembered on user on some others forum I think (ukresident.com with use id Ayesha) she has a case like you and she won in court.

You can search her case on ukresident.com if you like.

Ali