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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
awww Thank you so much lovely the pain is huge your right , I wish you well and I hope it goes easier for you the financial requirement has been lowered this week to 13.500 im not sure if your working etc ill be glad when next thursday is over its making me truly ill just make sure you spend little and keep money in your account they scrutisinise your bank what you have coming in and out etc so cancel any unnessary direct debits you dont really need as they are on to everything honestly feel free to pm me when you want and thanks very much for your words of support I honestly do not know how I would have coped without Amber she wont even let me send her flowers just shows there are some earth angels around xxDil143 wrote:Hi jo i been reading your situation an i really feel you. Im married to an algerian an will be submitting my papers next week. Touch wood they accept. But by hearing yours i feel i might land in same boat. You just got to be strong. They will accept eventually its just a matter of patience. Some take longer than you but get there in end when you keep fighting. The only problem is money. And being on benefit with disabled kids to assist really dont help the expence, hence thats why they should accept to avoid that. Try get doctors letters an that to say you struggling and its affecting your health. Get your sons to write letter if they cant attend appeal. I really hope you ok an accept. It b a shame if they dont
Hello Lovely AmberD4109125 wrote:Don't worry about it. You would most certainly see a reduction in the benefits if your spouse worked full time. You would likely not be much better of with him working. The judge should not have stipulated that he must have a job offer and your adviser should have argued this point.
The most important thing is the guidance (click here please) which at page 2 states at 5.1(a):
I have highlighted the important text, no benefits are said to be excluded.5.1 Assessing the adequacy of the funds available wrote: In calculating whether the applicant can be adequately maintained, the decision
maker should follow the following steps:
(a) Establish the sponsor’s and/or applicant’s (if they are in the UK with
permission to work) current net income. The net income should be established
and if the income varies, an average should be calculated. Income from
benefits can be included as income.
I think that starting to project income and the effect on benefits is fruitless as you satisfy adequate maintenance based on the benefits which can be included as income as per 5.1(a) and that your spouse can claim the Carer's Allowance when he arrives.
This is how I have set out the new figures does it look ok to you or do I need any changes before I send to Barrister pleaseD4109125 wrote:Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all.
Just a slight amendment.jojochaachaa wrote:This is how I have set out the new figures does it look ok to you or do I need any changes before I send to Barrister pleaseD4109125 wrote:Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all.
Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
A is the projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.
For the purpose of income, benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a). No benefit income is said to be excluded in the Immigration directorate instructions, however, as the Disability Living Allowance is for my children’s care and mobility needs therefore, I have not included this in the calculation. I have calculated all figures as weekly as per the benefit entitlement letters (included). For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).
Therefore,
A, income is:
Husbands Salary£221.44 after tax and national insurance contibutions
Child benefit = £33.70
Carer’s Allowance = £58.45
Child Tax Credits = £277.34
Child maintenance = £69.00
Working tax credits £89.88
Non means tested dla £293.75
Total income = £1043.56per week
B, accommodation costs:
Rent = £89.00
Council tax = £11.60
Total accommodation costs = £100.60 per week
C, income support applicable amount:
An amount for a couple = £112.55 per week
An amount for 2 children = £65.62 x 2 = £131.24 per week
The total income support applicable amount for my family unit including my partner =£243.79 per week
A at £1043.58 – B at £100.60 = £942.96
As £942.96 is greater than C at £243.79 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted.
Furthermore, I have savings of £6000 which would be an additional tariff income of:
£6000 divided by visa duration of 130 weeks (2.5 years) = £46.15 per week
Moreover, all the benefits I receive will be paid at a reduced rate when my partner joins me. There will be no additional recourse to public funds when my partner joins me in fact there will be less recourse to public funds as housing council tax and income support will stop.
“It seems to us that, since these issues involve mixed fact and law, an appellant in an immigration appeal must be able to demonstrate to the judicial fact-finder, either that the actual financial position on arrival will be such as to make it unnecessary to rely upon benefits in order to provide a standard of living equivalent to that available on means tested benefits, or that the relevant law bears on the circumstances of the family, in such a way that there will be no additional recourse to public funds in doing so.”
what do you think?
Love always
Jo
you have ammended this yes? thank you even if I take out the dla its still above the required amount isnt it? your such a nice person thanking you so much xxD4109125 wrote:Just a slight amendment.jojochaachaa wrote:This is how I have set out the new figures does it look ok to you or do I need any changes before I send to Barrister pleaseD4109125 wrote:Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all.
Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
A is the projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.
For the purpose of income, benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a). No benefit income is said to be excluded in the Immigration directorate instructions, however, as the Disability Living Allowance is for my children’s care and mobility needs therefore, I have not included this in the calculation. I have calculated all figures as weekly as per the benefit entitlement letters (included). For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).
Therefore,
A, income is:
Husbands Salary£221.44 after tax and national insurance contibutions
Child benefit = £33.70
Carer’s Allowance = £58.45
Child Tax Credits = £277.34
Child maintenance = £69.00
Working tax credits £89.88
Non means tested dla £293.75
Total income = £1043.56per week
B, accommodation costs:
Rent = £89.00
Council tax = £11.60
Total accommodation costs = £100.60 per week
C, income support applicable amount:
An amount for a couple = £112.55 per week
An amount for 2 children = £65.62 x 2 = £131.24 per week
The total income support applicable amount for my family unit including my partner =£243.79 per week
A at £1043.58 – B at £100.60 = £942.96
As £942.96 is greater than C at £243.79 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted.
Furthermore, I have savings of £6000 which would be an additional tariff income of:
£6000 divided by visa duration of 130 weeks (2.5 years) = £46.15 per week
Moreover, all the benefits I receive will be paid at a different lesser rate when my partner joins me. There will be no additional recourse to public funds when my partner joins me in fact there will be less recourse to public funds as we will be paying housing council tax and income support will stop too
“It seems to us that, since these issues involve mixed fact and law, an appellant in an immigration appeal must be able to demonstrate to the judicial fact-finder, either that the actual financial position on arrival will be such as to make it unnecessary to rely upon benefits in order to provide a standard of living equivalent to that available on means tested benefits, or that the relevant law bears on the circumstances of the family, in such a way that there will be no additional recourse to public funds in doing so.”
what do you think?
Love always
Jo
would you please allow me to send you something for all your help Pleaaase?????D4109125 wrote:Yes they are the cases, hopefully it will be well laid out. The Judge should look at chapter 5.1(a) of the guidance as that clearly states that benefit income can be used as income and it does not exclude any benefit at all.
This is how I have set out the new figures does it look ok to you or do I need any changes before I send to Barrister please
Following the Upper Tribunal case of Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (click) (include a copy) at page 3, paragraph 5.2 , staff considering an application for entry clearance, leave to remain, further leave to remain or indefinite leave to remain must demonstrate calculations detailing the actual financial position of the applicant/sponsor in all cases that fall for refusal using the following formula:
A – B ≥ C
A minus B is greater than or equal to C.
Where:
A is the projected income (after deduction of income tax and national insurance contributions);
B is what needs to be spent on accommodation; and
C is the amount of Income Support an equivalent British family of that size can receive.
For the purpose of income, benefit income can be used as income as per the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance at page 2, paragraph 5.1(a). No benefit income is said to be excluded in the Immigration directorate instructions, however, as the Disability Living Allowance is for my children’s care and mobility needs therefore, I have not included this in the calculation. I have calculated all figures as weekly as per the benefit entitlement letters (included). For C, the income support applicable amounts for my family unit, I have used the latest April 2013 income support rates as per the DWP figures (included).
Therefore,
A, income is:
Husbands Salary£221.44 after tax and national insurance contibutions
Child benefit = £33.70
Carer’s Allowance = £58.45
Child Tax Credits = £277.34
Child maintenance = £69.00
Working tax credits £89.88
Non means tested dla £293.75
Total income = £1043.56per week
B, accommodation costs:
Rent = £89.00
Council tax = £11.60
Total accommodation costs = £100.60 per week
C, income support applicable amount:
An amount for a couple = £112.55 per week
An amount for 2 children = £65.62 x 2 = £131.24 per week
The total income support applicable amount for my family unit including my partner =£243.79 per week
A at £1043.58 – B at £100.60 = £942.96
As £942.96 is greater than C at £243.79 I satisfy the requirements as per Ahmed [benefits; proof of receipt; evidence] Bangladesh [2013] UKUT 84 [IAC] and the Immigration directorate instructions Chapter 8, Section FM 1.7A – Family – Maintenance (include a copy) at page 3, paragraph 5.2. Therefore, my application should be granted.
Furthermore, I have savings of £6000 which would be an additional tariff income of:
£6000 divided by visa duration of 130 weeks (2.5 years) = £46.15 per week
Moreover, all the benefits I receive will be paid at a reduced rate when my partner joins me. There will be no additional recourse to public funds when my partner joins me in fact there will be less recourse to public funds as housing council tax and income support will stop.
“It seems to us that, since these issues involve mixed fact and law, an appellant in an immigration appeal must be able to demonstrate to the judicial fact-finder, either that the actual financial position on arrival will be such as to make it unnecessary to rely upon benefits in order to provide a standard of living equivalent to that available on means tested benefits, or that the relevant law bears on the circumstances of the family, in such a way that there will be no additional recourse to public funds in doing so.”
what do you think?
Love always
Jo
Yes that's amended, best of luck, I'm sure you'll have no problems.
would it be ok if I sent you reiki? Healing I am a reiki master and practitioner I know you have a lovely selfless energy and you will never know how much you have truly helped me, Interesting that you have the name Amber or you like to be called that Amber is technically not a gemstone or mineral, but a fossilized sap from prehistoric trees that has aged over the course of millions of years. I have a lovely piece of Amber I would like to send to you its a pendant if you would accept after the appeal I can post it to you if you would purleeeeze accept xxxD4109125 wrote:Just some nice thoughts, that's all
That is just such a lovely thing to say and that is a very evolved thing to say as a human being positive thoughts till thursday then hey Mrs?D4109125 wrote:I couldn't accept a gift, not only does it go against the ethos of the forum and don't help for reward. A gift for me would be your husband being granted his visa. Thanks for the info regarding amber
he he wonder if they will tell me the decision on the day or will they make me wait for the determination who knows ?D4109125 wrote:Indeed, I'm glad you feel empowered. Do make yourself heard if you're not happy how things are going.
oh wow how scary its a he its the same judge that we had the first time around xxD4109125 wrote:Hopefully on the day the judge will say s(he) is satisfied.
Hello Amber well the day has finally arrived tommorow I have submitted everything I possibly can I just hope the barrister knows his case laws etc I hope so ?jojochaachaa wrote:oh wow how scary its a he its the same judge that we had the first time around xxD4109125 wrote:Hopefully on the day the judge will say s(he) is satisfied.
Amber the appeal went well the eco decided on the figures that he was going to overturn the decision! he has sent it back to be overturned , you were right we didnt need the job offer and all that palava we just needed to show we covered the housing costs which of course we canD4109125 wrote:You will be fine, I hope the judge understands all the (unnecessary) prospective job figures. Though, I'm sure he will.
I trusted you much more than anyone else I have spoken too they just want me too find the tax credit calculation from 2012 and post it in oh I am very happy but very tired after all the adrenelin Amber I will be in touchD4109125 wrote:Indeed, as I said that job offer was irrelevant (and couldn't be included anyway).
Well done, relax and get ready to welcome your hubby.
Hi Amber would u happen to know what happens after the decision is overturned will they contact my husband in morocco I was in such a state in court I really didnt take it all inD4109125 wrote:Indeed, as I said that job offer was irrelevant (and couldn't be included anyway).
Well done, relax and get ready to welcome your hubby.