Spouse Visa Financial Requirements if UK Spouse is on DLA or other benefits - Page 3

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Spouse Visa Financial Requirements if UK Spouse is on DLA or other benefits - Page 3


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  #21 (permalink)  
Old 13th March 2013, 01:43 AM
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Quote:
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No. You cannot provide any new information in an appeal. An appeal is only if you feel that the ECO made an incorrect decision in your application. So a new job is irrelevant to your appeal.

Seeing as you did not earn the required amount for income support for your application, the ECO was correct in their refusal.

As stated in your refusal letter, the minimum amount your need to have monthly is 482.95. If you, with your new job, area earning this amount now, you can re-apply. However, at the beginning you state that you are still short 90, if this is the case any new application will fail. UKBA have NO wiggle room on the financial requirements, so you need to find a way to earn that minimum amount before bothering to apply again. Good luck.
should this not be a new topic?

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Old 13th March 2013, 02:15 AM
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Default DLA Spouse Visa Exemption Refusal Query

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Originally Posted by Leanna View Post
No. You cannot provide any new information in an appeal. An appeal is only if you feel that the ECO made an incorrect decision in your application. So a new job is irrelevant to your appeal.

Seeing as you did not earn the required amount for income support for your application, the ECO was correct in their refusal.

As stated in your refusal letter, the minimum amount your need to have monthly is 482.95. If you, with your new job, area earning this amount now, you can re-apply. However, at the beginning you state that you are still short 90, if this is the case any new application will fail. UKBA have NO wiggle room on the financial requirements, so you need to find a way to earn that minimum amount before bothering to apply again. Good luck.
Could you please let me know if my DLA income of 392 will go towards the required amount of 482.95 per month ?
When I applied my only income was 392 for DLA.
So I am/was thinking 482.95 Minus 392 = 90.95 SHORTFALL
I am now employed and will be getting approx 150 per month for my job combined with my DLA(if allowed by the rules)
I would be getting 542 approx per month.
So if I met the Income Support Level ( please advise me if dla is allowed to be counted)
and if so How many wage slips would I need to re-apply spouse visa ? or would a letter suffice from my employer regarding new employment to submit a fresh application ??
Your time and help is very much appreciated.

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Old 13th March 2013, 10:50 AM
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Quote:
Originally Posted by Exempt View Post
Could you please let me know if my DLA income of 392 will go towards the required amount of 482.95 per month ?
When I applied my only income was 392 for DLA.
So I am/was thinking 482.95 Minus 392 = 90.95 SHORTFALL
I am now employed and will be getting approx 150 per month for my job combined with my DLA(if allowed by the rules)
I would be getting 542 approx per month.
So if I met the Income Support Level ( please advise me if dla is allowed to be counted)
and if so How many wage slips would I need to re-apply spouse visa ? or would a letter suffice from my employer regarding new employment to submit a fresh application ??
Your time and help is very much appreciated.
We don't know. Ask a registered advisor.

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Old 30th May 2013, 09:42 AM
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Hello
I have not been online for a while as I have been sick.
My husband and I have not applied for our spouse visa yet but we plan to very soon, within the next few weeks.
I was wondering if anyone knows if anything has changed? I am still on employment and support allowance, I am also on low rate dla care and mobility.
I get my rent and council tax paid fully for me so my only out goings are electric, gas, tv license, phone bill etc.
I forgot what was said before. Do they want you to have a certain amount left after you have paid all your bills or do the bills not come into it?
Also someone told my husband that they know someone who was in the UK on a visit visa and his baby became sick and he was able to apply for a spouse visa from this country, I said to my husband that I did not think it was true but what if I am very sick and I need to be in the UK for treatment and my husband is away in Turkey for 12 weeks waiting on a visa decision and I need him to be here with me to support me as I am receiving treatment for a serious illness.
Does anyone know if there is anything we can do?
I can't bear the thought of him going to Turkey to apply while I live here trying to cope on my own, I do not know how I will do it.

Thank you for reading. x

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Old 30th May 2013, 09:43 AM
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He must go to Turkey to apply. Period. There is no way around it.

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Old 30th May 2013, 10:03 AM
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Prior to last July's rules change, there have been cases of people being allowed to switch in-country for a longer visa or settlement leave under humanitarian considerations, but I haven't heard of it much recently. UKBA and the government are clamping down on people appealing on human rights grounds to circumvent immigration rules or getting preferential treatment, so don't expect much, or any, sympathy. They will probably say you have other members of your family to provide care, and having your husband in UK isn't absolutely necessary. You may prefer, but it's not essential.

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Old 30th May 2013, 02:10 PM
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Quote:
Originally Posted by AmyD View Post
He must go to Turkey to apply. Period. There is no way around it.
This is what I thought too but he spoke to someone who applied from UK and got it due to their baby being sick.
I have a very serious illness and receiving further treatment.
Never thought anything like this would happen to me, I have worked all my life and suddenly my life has fallen apart, I have no job, need to rely on benefits and am very ill, I am very afraid that I may die.

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Old 30th May 2013, 02:20 PM
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Quote:
Originally Posted by Joppa View Post
Prior to last July's rules change, there have been cases of people being allowed to switch in-country for a longer visa or settlement leave under humanitarian considerations, but I haven't heard of it much recently. UKBA and the government are clamping down on people appealing on human rights grounds to circumvent immigration rules or getting preferential treatment, so don't expect much, or any, sympathy. They will probably say you have other members of your family to provide care, and having your husband in UK isn't absolutely necessary. You may prefer, but it's not essential.
The reason I wanted to check is because my husband was told that someone in the uk on a visit visa got to apply for settlement from uk because of their sick baby.

I only have my husband looking after me. My relationship with my family has broken down as they are unable to cope with what has happened to me at such a young age.
I had it all and now my world has fallen apart, I have worked all my life but now need to rely on benefits to get by, I am at hospital most week days and the only thing keeping me going is my husband and his support.

I have hospital letters, doctors letters to back this all up.

Do you know if anything has changed re the financial requirements?

I am getting employment and support allowance and low rate dla which they say should now be higher as I have just had my 3rd operation to remove cancer tumour number 15 and it has left my arm paralyzed. I get full rent and council tax paid for me so should we meet the financial criteria?

He has a job offer to come to, he is obviously not working just now on a visit visa but has met another person from his home city who also lives in uk who will give him a job, will that go in our favour?

I am so down, I do not know where to turn, I just need any advice possible.

Thank you to you both for reading my posts and answering my questions.


Last edited by annem84; 30th May 2013 at 02:28 PM.
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Old 30th May 2013, 02:58 PM
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I suggest you speak to a professional advisor to guide you, as it's a complicated case and relying on UKBA's discretion.
Best of luck.

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Old 30th May 2013, 03:33 PM
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Quote:
Originally Posted by Joppa View Post
I suggest you speak to a professional advisor to guide you, as it's a complicated case and relying on UKBA's discretion.
Best of luck.
Thank you Joppa.
I just spoke to an immigration lawyer, there is
an application for an extension of stay in the uk as the partner of a person present and settled in the uk or as a partner of person with refugee leave or humanitarian protection.
The immigration lawyer said we could apply this way and we would probably get it but I need to meet face to face with them first.

Thanks again


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