Wife visa refusal based on ability to maintain you in the UK

[aelwakeil]

please help:

I am EGYPTIAN / BRITISH I arrived in the UK in September 2011 and found Engineering job in December 2011 I rented a house bought house furniture.

I my wife applied for visa in May 2012 I sent her all documents needed and bank statements of two accounts, I pay off my bills, food and furniture from one account and the other account I save money. She received the decision with refusal based on ability to maintain her in the UK.

The notice was as follows

"As evidence of your UK sponsor's ability to maintain you in the UK without recourse to public funds, you have submitted a bank statement from HSBC. While I acknowledge the deposit of regular funds from salaried income, I note that the bank statement often shows a low balance - for example £10.27 on 29 Mar 12;£13.82 on 28 Mar 12 ;and £53 on 26 Apr 12. Your sponsor appears fully financially committed with his own finances and I am not satisfied on balance that he has demonstrated that you can adequately maintained in the UK. This is of particular importance as I note that your sponsor will also be maintaining your son and the two daughters from one of his two previous marriages in the UK - as stated in his letter of support dated 4 May 12.

I am not satisfied on a balance of probabilities that you and your spouse will be able to maintain yourselves and your family of three adequately without recourse to public funds. 319L(v)

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules."

My other account was showing that I have 900 pounds while low balance in the account above, I also have in statement that I spent 1900 pounds in one month for one month rent, rent deposit and agent fee, also my account show around 1500 for buying furniture.
I get 35K from my job

thank you

[king2be98]

Firstly, anyone with 35k is well above the average income, you should really be able to comfortably prove you have more than adequate resources there. The problem for you is that you're spending the bulk of it. Even with 35k you need to show aroun d £300-£400 being saved per month. If you're not then you can see why they would refuse.

You can appeal and I'm sure sense from the ECM or later the judge will realise that you earn enough to support a spouse.

You did the incorrect thing by not saving up for a few months prior to applying, but it's not too bad, start doing it now and my personal opinion is that you appeal.

[aelwakeil]

Firstly, anyone with 35k is well above the average income, you should really be able to comfortably prove you have more than adequate resources there. The problem for you is that you're spending the bulk of it. Even with 35k you need to show aroun d £300-£400 being saved per month. If you're not then you can see why they would refuse.

You can appeal and I'm sure sense from the ECM or later the judge will realise that you earn enough to support a spouse.

You did the incorrect thing by not saving up for a few months prior to applying, but it's not too bad, start doing it now and my personal opinion is that you appeal.

Thank you for your code, but I am still very confused.

In the notice we should appeal in 28 days and she received the documents and the notice in 18/7/12 I don't have any time to repair what happened before.
MY idea is to send copy of the two accounts bank statements (they are still holding the original copy) the first one that was quoted above and the second (AMANA) bank account which was holding £900 pounds the time the other account went low.
on the statements I will circle that I spend that money on bulk for housing and furniture that was about in Mar and April around £3,000 peppering for my wife and children to come over and be free of any extra payments.
I will also print Excel sheet show what I spend on rent and bills and what is left for me and my wife and the 3 children.

I can also talk with the my company manager to write a litter of support or any thing winch the company are willing to do.

We will use the form IAFT-2 to fill in, in the form which one should I tick oral hearing or paper ?

thank you

[king2be98]

Oh you have children as well? 3 of them? Well that changes everything entirely. I would find out what the law was at the time of your application submission before you consider whether to appeal or not. If you earn enough appeal, if not get some legal advice from a professional.

Oral hearing and paper hearing take the same amount of time approximately, most people opt for the Oral as you're physically there in front of them to argue against the home office.

[MWill]

The huge irony of this is that under the new rules, you'd have been fine with that salary!

[Lucapooka]

The huge irony of this is that under the new rules, you'd have been fine with that salary!

Exactly, and herein lies the dilemma. You can appeal this ridiculous decision and wait six months to know your fate, or you can re-apply at considerable expense and easily meet the maintenance requirement that will only look at your salary rather than make wild assumptions based on a temporary dip cashflow created by the establishment of your household in preparation for their arrival.

[aelwakeil]

Oh you have children as well? 3 of them? Well that changes everything entirely. I would find out what the law was at the time of your application submission before you consider whether to appeal or not. If you earn enough appeal, if not get some legal advice from a professional.

Oral hearing and paper hearing take the same amount of time approximately, most people opt for the Oral as you're physically there in front of them to argue against the home office.

Note: my wife applies before the 9 July 2012 also if rules applies to me then even with 9 July 2012 earning should be less than 30k for wife and three children exactly £27200

in the notice:

Your right to apppeal

You are entitled to appeal aginst this decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002. If you wish to appeal you must complete the attached IAFT-2 Notice of Appeal form. An inormation sheet has also been providded. Should you require further advice or assitance please visit www.justice.gove.uk


If you decide to appeal aginst the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting

documents you provide. You are strongly advised to complete all sections of the form and submit all relevant documents with your Notice of

Appeal, as it may be possible to resolve the points at issue without an appeal hearing.

The completed notice of Appeal form must arrived no later than 28 days after the date you received this notice and you must make sure that it

is signed and dated.

(my wife didn't find the ATTCHED FORM IAFT-2 OR THE information sheet was mentioned above

I would like you to know that I have my 2 doughtier here with me now, does this change any thing

thanks

[aelwakeil]

Oh you have children as well? 3 of them? Well that changes everything entirely. I would find out what the law was at the time of your application submission before you consider whether to appeal or not. If you earn enough appeal, if not get some legal advice from a professional.

Oral hearing and paper hearing take the same amount of time approximately, most people opt for the Oral as you're physically there in front of them to argue against the home office.

Note: my wife applies before the 9 July 2012 also if rules applies to me then even with 9 July 2012 earning should be less than 30k for wife and three children exactly £27200

in the notice:

Your right to apppeal

You are entitled to appeal aginst this decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002. If you wish to appeal you must complete the attached IAFT-2 Notice of Appeal form. An inormation sheet has also been providded. Should you require further advice or assitance please visit www.justice.gove.uk


If you decide to appeal aginst the refusal of this application, the decision will be reviewed with your grounds of appeal and the supporting

documents you provide. You are strongly advised to complete all sections of the form and submit all relevant documents with your Notice of

Appeal, as it may be possible to resolve the points at issue without an appeal hearing.

The completed notice of Appeal form must arrived no later than 28 days after the date you received this notice and you must make sure that it

is signed and dated.

(my wife didn't find the ATTCHED FORM IAFT-2 OR THE information sheet was mentioned above

I would like you to know that I have my 2 doughtier here with me now, does this change any thing

thanks

Please help on writing Appeal form for my wife

[Lucapooka]

Please help on writing Appeal form for my wife

That's your job or the job of a legal advisor that you have briefed with the precise details. Nobody knows anything about you or your situation.

[aelwakeil]

Please help on writing Appeal form for my wife

That's your job or the job of a legal advisor that you have briefed with the precise details. Nobody knows anything about you or your situation.

Yes I will I just need to know what I write and what not to write
in Points

1- I will send statements marks on all one stand expenses that I paid out as one stand (only once) for the house deposit, agency fee and furniture and all receipts. is that OK?
and explain with writing in details

2- as my situation changed and I brought my daughters (2) in here should I mention that and how we are one family are separated from each other.
as my sun (2 years) are with his mother.

3- will state that at time of my balance was very low I had savings in other account with statements i had 900 pounds at the same time (which i sent already the statements of both accounts.

what else can I say any suggestions of what to say and what not?

thanks alot

[asim72]

As I understand, a short while ago, appeal regulations were changed, and now no new evidence can be relied upon in an appeal.

[aelwakeil]

As I understand, a short while ago, appeal regulations were changed, and now no new evidence can be relied upon in an appeal.

what does that mean? I don't understand, what does appeal do now?

[asim72]

As far as appeal process is concerned, do not treat my words as legal or professional advice.

If I have not got it wrong, then now only thing appeal does is, to see if the ECO made a correct decision based on the information submitted on the date of application.

[aelwakeil]

As far as appeal process is concerned, do not treat my words as legal or professional advice.

If I have not got it wrong, then now only thing appeal does is, to see if the ECO made a correct decision based on the information submitted on the date of application.

Good morning
then I can only write Number one below which I already sent them both statements with the application and Number thee and because 2 is new situation I cannot write it yes?.

1- I will send copy of statements marks on all one stand expenses that I paid out as one stand (only once) for the house deposit, agency fee and furniture and all receipts. is that OK?
and explain with writing in details

2- as my situation changed and I brought my daughters (2) in here should I mention that and how we are one family are separated from each other.
as my sun (2 years) are with his mother.

3- will state that at time of my balance was very low I had savings in other account with statements i had 900 pounds at the same time (which i sent already the statements of both accounts.

[aelwakeil]

Thank you All I am going to hire a solicitor ISA