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Discussion Starter · #1 ·

I have been actively reading this forum for quite some time.

My wife's visa was refused in November 2012 on the basis of me claiming DLA and it being a public fund. The UKBA refusal letter stated that they feel that my wife will be an additional financial burden upon myself and that I have not satisfactorily established where these additional funds will come from. In addition, they are stating that I have not provided evidence of how my wife will be adequately maintained and accommodated in the U.k.

We have our tribunal hearing on the 28th of November. It's nearly two years that we have been married and it has been very stressful for us that we have been apart for so long. I have applied under the old rules pre June 2012.

I suffer from Bipolar Disorder. Previously I have had very good jobs working for the local Government and the NHS. However I have been unable to keep a job for longer then a month, due to health reasons. i.e relapsing, poor concentration at work etc.

I am receiving ESA, which is £700 and DLA which is £296 a month. I live in a 2 bedroom flat and have an overnight carer who visits me 3 times a week. My housing costs are met by Housing Benefit and Council Tax Benefit.

I also have savings of around £8000. I am able to save around £400 a month. This is more then the income support level for a couple.

(My income is ESA £350 paid fortnightly
DLA £290 paid monthly
Local Housing Allowance/ HB £285 paid weekly. My rent is £295 weekly. The council tax is covered by Council Tax benefit.)

I have £8000 at the moment in my bank account, which is solely mine. I have £2500 held in shares.
We do not have any children.

We also have third party support from my parents, who both work, my father works as an Engineer and my mother works as a Nursery Nurse. Under the old rules, I think that they accepted third party support.

I have a letter from my social worker, stating how many times I have been admitted in hospital and that most of the times of being admitted in hospital, was after coming back from a holiday. I have been admitted in hospital in Pakistan and Egypt. This shows that I am unable to live abroad with my wife, as I have a relapse of Bipolar Disorder every-time I go abroad. The first time I relapsed was when I was 15 and on holiday in Pakistan.

The documents which we submitted to the UKBA were good and included whatever they asked for including my savings, bank statements, house deeds, as I was previously staying with my parents, a letter from them saying they can support us both with accommodation and financially. They also included a representation letter from my solicitors - Duncan Lewis & Co, along with an index for all the documents submitted.

The additional letters which I am submitting for appeal are ESA and DLA letters, tenancy agreement, letter from Landlord stating that my wife is a permitted occupier, letter from social worker, detailing number of times that I have been hospitalised, hospital discharge letter. (I was in hospital from Feb 13 - Apr 13), my parents payslips, my and my parents recent bank statements. (My wife originally had money in her bank account, however her father has spent it on his son's education. However my parents have stated that my wife will be our responsibility when she is here and not her parents responsibility.)

We therefore feel that we meet the requirements for my spouse obtaining a visa, as demonstrated by previous cases where the sponsor saved their money from DLA and used it for their spouse.

I would be grateful to know how we can strengthen our appeal and also what the chances of a successful appeal are.

I look forward to hearing from you soon.

Kind Regards
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