Spouse visa rejected- re-apply / appeal

[Nagwa]

Hi,
I need help please:(

I am a british citizen, been married for 3 years my husband is egyptian but staying and working in UAE , abudhabi as a sales executive. we have a 2 and half yrs old son, and our second child is on its way. husband came to the UK three times before, as a visit each time just for 2 to 3 weeks. he has applied for the uk spouse visa in august 2011 last year, and sadly got rejected due to insufficient funds, bearing in mind that i am living in uk unemployed and recieve benefits. so according the entry clearance officer 'that my husband would be a burden on me and my child'

here is the decision from the ECO
' On your application form, you have stated that your wife is in reciept of income support, child benefit. these are defined by paragraph 6 of the immigration rules as public funds. Maintaing you in the UK will impose an additional financial burden upon your sponsor. your wife is currently unemployed in the UK and i note that you do not have any employment arranged in the uk and you have not indicated any professional qualifications or readily transferrable skillls which could be used in accessing the UK employment market. I note that you have submitted you bank statments in support of your application, however, i am not satisfied that these funds will be sufficient to support you, your wife and your son from when you arrive to the UK until you research and secure permanent employment inorder to support yourself, I am not satisfied that you or your sponser can adequately maintain and accomdate yourself in the UK without additional recourse to public funds'

so after the rejection our initial plan was for my husband to fix his savings account, and for me to go for job hunting and save up too. however, after months and months of looking since sept last year i was unsuccessful in finding a job that suits me as a mother, and now that i am pregnant it is even harder to get anything. so my husband has been depositing an amount of money from his salary to his savings account, and his dad has been willing to help him with finanical support, however the money that his dad has given him was transferred to my husband in cash through a friend, and this money was withdrawn from his wife's bank account (my husband's step mother). so the question here that if my husband deposit all the money he got from his dad's side in to his savings account as a lumpsum along with a signed letter of explantion that this money is a gift from his dad to support him with his visa? would that be appropriate?

Please help, i have lots and lots of questions i need your advice

Thank you

[vinny]

Third party support is currrently acceptable.

Note that there may be significant changes in April.

[Nagwa]

Thank u for ur reply vinny.
So u reckon its just a funding/ savings issue or is it more complicated than that? Cuz I've been askin around n everyone around me keep sayim that spouse visa will most likely get rejected cuz I am still not working n receiving state benefits! Won't the eco consider my pregnancy and that I am already a mother to a two year old son, plus studying a part time course?:(

[batleykhan]

Thank u for ur reply vinny.
So u reckon its just a funding/ savings issue or is it more complicated than that? Cuz I've been askin around n everyone around me keep sayim that spouse visa will most likely get rejected cuz I am still not working n receiving state benefits! Won't the eco consider my pregnancy and that I am already a mother to a two year old son, plus studying a part time course?:(

Yes he will take your situation into consideration, but he has also to take into fact that British spouses simply cant bring their partners into the country and expect the state to pay them benefits to live on.

You as the sponsor has to show that you can maintain, support and accommodate your family without recourse to public funds for at least a minimum of 2yrs.If you cant do it, then like has been appointed out above, get some 3rd party to help you with this.If you cant do that either, then you are really struggling and the only option left to you is maybe to live with your husband in the country where he resides.

[Nagwa]

my concern is to do my situation as the sponser living in the UK and claiming benfits but as for my hubby he is not coming here to apply for benefits , he is very well educated with great experience in the sales sector, infact he has got a few replies from different positions he has applied to but neva actually gets official offers since he has not yet setteled in the uk n no work permit. I really do hope they take all this into consideration:(

Ps would it make it a difference for the spouse visa if i claim JSA instead of income support? bearing in mind that am 4 months preg and also have a 2 and half yr old son

[geriatrix]

Hi,

My issue is abit complicated. I am a british citizen living in the uk, been married for 3 yrs, husband working abroad. we have a 33 months old toddler and is expecting out second baby in sept 2012. my husband has applied for a spousevisa in june 2011, last year and has got rejected due to insufficient funds.
he managed to fix his savings and has about 12k in his savings account,however i am recieving income support, and child tax cred. i have been looking for work since bfore my pregnancy and unfortunately was not successful enough, and then i became pregnanct so its nearly impossible now to find a job.


so he re-applied again for the second time in april 2012 and got another rejection, because eco believes that the funds are not enough to maintain himself and us (his wife and child) and that i am recieving public funds, plus a new issue that they dont believe we r genuinely married due to a silly typo on the date of marriage on the translated verison of the marriage certificate.

my husband has been looking for jobs in the uk, along with his supporting documents he has sent all his certifctes, cv , company respondings that he is a successful potential applicant to different positions for different companies in the uk. however, it is very hard to get an offer since he is still not yet in the country with no work permit, so no comapny would recruit him unless he is settled here first.

we have applied on the basis of reunting the fam, and that we will live with our parents at thier flat (rent-free) , so the only option we have now is the appeal? but on what grounds should we appeal?! its funny how according to the law here, a mother who has a child under 5 is entitled to income support and for my case i am a mother of a nearly 3 yr old and 5 months pregnant how can i be working while i should be looking after my child

so for the appeal? i know it is a long process but its worth a try anyway, i have been thinking to take up any job n stop my benefit as soon as i give birth in sept, but i am not sure if the appeal would still be in process ! may i please have some advice, i am lost and very distressed!

Thanks very much

[Nagwa]

Any advice anyone? I am so disrtressed

[fox2005eng]

Any advice anyone? I am so disrtressed

you need a 3rd party support who is resident in UK (British citizen), (friend, relative, etc), or you have to show much money in your bank account for at least 3 month in a out. but I would recommend 3rd party.
do u have any relative or a friend who can sponsor you and your husband for a which time that you and your husband are suitable financially?
however I have tried 3rd party support for my fiance "father in law support" visa.
so far if you sorted our financial and accommodation issues, your case will be stronger and will be approved a visa ISA.

your name looks Egyptian one to me.
are you from Egypt?
Good luck.

[Nagwa]

Hi fox wow ur clever ya I am egyptian! So when u say third party support what do u exactly mean like to maintian my husband the kids n I? N how do I do this? Do I just get a letter from that person like say a friend whose workin full time or does she actually hav to deposit money to my account? N does this mean I stop my income support ? Thanks for ur advice n world appreciate it more if u answer my questions plz. Mabrook for ur fiancae visa elhamdelaaah

[geriatrix]

3rd Party Support & Accommodation

[Nagwa]

Thanks sushdmehta for the link, but i am still confused

i need to start the appeal asap. can i get third party support from a close friend of mine? or does it have to be a family member? and how can she support me? thru deposits to my bank account ?

[geriatrix]

hi,

I would like some advice please. I am considering third party support inorder to get my husband's spouse visa accpeted. (spouse visa got rejected for the second time due to insufficient funds) and i am a british citizen who recieves benefits (a mother of a 2.5 yrs old toddler and 5 months pregnant).

anyway I need to know can third party support come from a friend of mine living in the UK? and how do i get the support? deposits to my bank? please help i have checked the uk border agnecy info on funding but i am abit confused.

i have 2 weeks to appeal, can i still do the third party support for 3 months bank stat and show it in the hearing?

thanks

[geriatrix]

On both occasions, the application has been refused because you have not met the requirement that you'll be able to maintain your spouse without recourse to public funds. The ECO has also stated that he is not convinced that the income of your husband (from the job that he currently doing overseas) isn't adequate either.

So, on what grounds do you think you can appeal?

See also APL7.5 Post decision evidence

An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence: New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

IMHO, your husband should apply again, but only with evidence of 3rd party support and accommodation.

[vinny]

3rd party support judgment - third party and joint sponsorship permitted.

MAA4 Maintenance: General requirements.

Third party support (see below).

A couple or other applicant who is / are unable to produce sufficient evidence to meet the maintenance requirement may provide an undertaking from members of their families that those members will support the couple / applicant until they are able to support themselves from their own resources.

Third party support is not precluded from consideration under the maintenance requirements relating to spouses, civil partners, fiancé(e)s, proposed civil partners, unmarried partners, same-sex partners, children, parents, grandparents and other dependent relatives of sponsors who are settled in the UK.

The Entry Clearance Officer will need to verify and assess an offer of third party support in order to determine whether an applicant satisfies the requirement that he / she can be adequately maintained in the UK without recourse to public funds. The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets.

[Nagwa]

hi, thanks for the reply

interms of accommodation they had no problem wtih it..its only the maintenance. so i will send off appeal form with evidence i have right now for marriage and other things whilst looking for a part time job. so in the case that i find a job in the near future whilset appeal processing and then send the job confirmation letter/contract pay slips etc by the time i get the oral hearing date ? is this regarded as new evidence not considered by the immigration judge or eco?

[vinny]

See also APL7.5 Post decision evidence

An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence: New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.