Spouse Visa Financial Requirement Exemption - Carer's All...

[nari]

Please can someone help.

I am a carer for my disabled mother, I get £103.60 per week inclusive of carer allowance and income support, my rent and ctax is also paid.

my wife's visa was refused that I had inadequate funds to maintain her. I have appealed and the hearing is in February 2014.

I understand that I need to show £112 per week but I am in a situation that if I take employment there is no one to care for my mother and I cannot go and live with my wife because there will be no one to care for my mother.

I have been told that my appeal will be refused because of the lack of £9, what should I do?

Please help.

[Amber]

Do you have any savings?

Do you live with your Mother? Is your Mother on Pension credit? What Country is your partner native?

[nari]

I live separately from my mother in a one bedroom council flat nearby. mother has no pension, she is severely disabled. I don't have any savings. i have support from my family but they don't want to know about that. my partner is in India.

[Amber]

Does your Mother claim any benefit?

Has she been assessed by the Social Services for a care package - individual budget/direct payment?

Your Mother could be your employer and pay you extra money, perhaps on her own or with the Support of Social Workers.

If your Mother paid you, say £90 per week Net, then you could continue to receive CA and you may meet the requirement for spouse leave. If your Mother is on low income and needs significant care, she may be awarded a substantial personal budge/direct payment when may be used by to pay you (fund managed), and thus you could earn substantially more than current.

[nari]

She gets dla and incapacity benefits along with rent and ctax. if she was to say that she paid me wouldn't they want to know why i didnt tell them on my application and appeal grounds form

[Amber]

The tribunal can consider evidence after the decision.

Your Mother should be assessed by a Social Worker, with you present, and discuss a personal budget (fund managed) for you being paid to manage x hours per week (no more than £100 Net earnings).

The tribunal may refuse your application based on the current income.

If you get working on it now you can have it done by the time your appeal reaches the tribunal and they can consider the new earnings. You may then be able to consider your spouse being paid with the personal budget too if s(he) can offer care.

[nari]

Thank you for that, would i have to inform DWP and Income support

[Amber]

Yes, you would still be able to claim CA so long as your income was <£100 Net per week. However, your Income Support, CTB and HB may be affected. You should be better off, enough so, to meet the income support level for a couple of £112.55 per week. Alternatively if your Mother gave you money to keep that may help, but remember, any savings above £6000 may affect the means tested benefits you are receiving. If your Mother gave you £1500 to keep, that may be enough with what you are currently reviving to show adequate maintenance. £1500 (/130) = £11.54 per week tariff income.

[nari]

so shall i just put £1500 in my account. should i say that this money was for helping her? sorry i'm a bit confused.

Could you recommend somebody to represent me at the hearing?

[Amber]

Your Mother could write a letter gifting you £1500 or £2000 to keep for your own use. In your appeal you could explain that the savings would amount to tariff income of x (x = savings / 130 (length of leave)). That tariff income combined with your Care's Allowance and income support should suffice adequate maintenance. You should also get a letter from your Landlord stating is it ok for your spouse to reside with you. See Chapter 8 Section FM 1.7A to formulate your appeal.

See also, Any good law firm recommendation?

[nari]

will my mother have to prove where she got the £1500 to give me?

[Amber]

No, a letter from her should suffice. You should still get your Mother assessed by a Social Worker and a care package drawn up.

[nari]

Thank you for your help. should i put the money into my account now or nearer the time?

i went on the link that you suggested for lawyers, but it was very confusing, i would be grateful if you could simplifiy this for me.

I really appreciate your input.

[Amber]

If you Mother is willing to give you money now that would be advantageous I think, for FM applications savings are usually expected to have been in the bank for 6 months. However, you may be ok considering you are using adequate maintenance rather than a specific financial requirement.

Use http://www.lawsociety.org.uk/find-a-solicitor/ and put in your area and select immigration law. Ask for a free 10 minute interview on the phone to discuss whether they can help. Make sure the solicitor has had a similar case before. Best of luck.

[nari]

Do you think that i could go to the hearing without a solicitor, and explain the whole situation or do you suggest that i would need legal represenation to put my case forward

[Amber]

I mean you can argue the case yourself, so far as you prepare well. However, it may be good at least to get a professional opinion, even if just an outline to use in your case.

[nilli_13]

hi I need some help how would I work out anua/yearly salary in a o hours contract job, and carers allowance
I am earning carers allowance 59.50 a week but for the meanwhile I have deductions so it is 39.50
and I have worked 4 5 months first payment 201 second 235 third 421 fourth 440 and fifth 400 so how do I calculate all this and do I calculate the carers amount with deductions.
I would be grateful 4 ur help.
thankyou

[Amber]

nilli_13 please continue in your other thread.