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Discussion Starter · #1 ·
Hi I and my husband have been refused for a spouse visa on the basis that we have a shortfall of approximately £15 per week. We applied in may 2012. We appealed against the decision and the judge has dismissed our appeal. What do you think we should do now? My barrister was ridiculous as he never mentioned human rights regarding me, my 2 sons and my husband. Nothing was mentioned which the judge clearly stated in the refusal. Please help as I dont know what to do. Help and answers are very much appreciated. Thank you :)
 

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I have been reading a lot on this forum and on the gov websites, as we're trying to figure out the best course of action for myself and my British husband. What I read states that if you are in a shortfall, you need to mkae up for it in savings which are double the amount of shortfall. So if you are 15 a week short, you'd need 1560 in savings, I believe.

I think Joppa would be best to confirm that though!
 

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I don't recommend going to upper tribunal without professional help. Change your legal team, sit together and plan your next action. You don't have much time, and if you decide to reapply, you will be subject to the new rule with much higher income requirement (approx. by 50%).
 

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Discussion Starter · #4 ·
Thank you ever so much for the reply. Can I just say that at the appeal hearing, my barrister never mentioned that I had 3rd party support which was allowed at the time I applied back in May 2012. My father provided his bank statement and an affidavit saying he supports me financially and will continue to do so. My barrister totally missed out on this point which is appaling. Does anyone reckon this could be a good point? Its only a £14.97 shortfall.
 

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If that's the ONLY reason why your appeal failed, but I don't know if you are allowed to present a new evidence to the upper tribunal. You need legal advice.
 

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Discussion Starter · #6 ·
But it isn't new evidence. It was in the Spouse visa application I first ever made. Its just my stupid barrister never mentioned this at the hearing and when I wanted to talk he told me to be quiet...How nice of him
 

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Then take the evidence - or copies of them - to the hearing. You may have to hand copies to the other side - Home Office solicitor before the hearing.
 
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