EXEMPTION THROUGH DISABILITY..(FINANCIAL REQUIREMENT)

[cutepie]

hi ,my wife has just had her spouse visa refused and the reason says this ...your sponsor (me )has not provided a written undertaking to be responsible for your maintenance and accommodation under paragraph 35 of the immigration rules.please note that this document is required should you wish to appeal or reapply ............................................any advice on what our next move should be would be appreciated ....we definately plan to appeal......thanx, cute pie

[cutepie]

hi ,my wife has just had her spouse visa refused and the reason says this ...your sponsor (me )has not provided a written undertaking to be responsible for your maintenance and accommodation under paragraph 35 of the immigration rules.please note that this document is required should you wish to appeal or reapply ............................................any advice on what our next move should be would be appreciated ....we definately plan to appeal......thanx, cute pie

[maniani]

hi ,my wife has just had her spouse visa refused and the reason says this ...your sponsor (me )has not provided a written undertaking to be responsible for your maintenance and accommodation under paragraph 35 of the immigration rules.please note that this document is required should you wish to appeal or reapply ............................................any advice on what our next move should be would be appreciated ....we definately plan to appeal......thanx, cute pie

i will give you advice to appeal and attach a sponsorship undertaking . I think that the decision will be overturn by ECM. So dont waste your money on reapplying. You can also get fee reward if your appeal win.

[cutepie]

ok thankyou ,so how do we do this?

[maniani]

ok thankyou ,so how do we do this?

You have to complete iaft-2 and send it FTTIAC within 28 days of receiving decidion. You can aldo submit your appeal online at justice.gov.uk. First the FTTIAC will send the appeal bundle to the post where the visa was refused. A entry clearance manager will look at your appeal and he satisfy Then he will issue you a entry clearance and if not then he will send back your appeal to FTTIAC where appeal hearing date will given to you. The whole process will take 6-9 months and if ecm overturn the decidion then it will be 4 months at last.

[cutepie]

hi,sorry but what is FTTIAC?

[cutepie]

how should i word the section on the online form as our reason for appealling?

[Rayking]

Written undertaken? Is this a new requirement for spouse visa or why are they asking for that,just a bit curious?

[Amber]

They are relating to SU07/12 (click)

This should not have been required as per ECB12 - Undertakings (click). I really do not know who they are hiring to do the ECO decisions, obviously poorly trained individuals. Paragraph 35 states that the applicant may be asked to complete an undertaking, not must, you would need to be asked first to do so by an ECO. I really can't believe such stupidity. You have no choice but to appeal, which will trigger a reconsideration, at which point you can include a signed undertaking. Although, it really shouldn't be necessary.

[cutepie]

SO IS THI.S RIGHT? we fill in the appeal form online ......print it.....fill inform SU07/12 -add supporting documents(which documents do we need to send ?) .....pay the appeal fee .........then send it to po box 6987 leicester. united kingdom le16zx......is that correct?does my wife have to send the application documents to the leicester address too ...?

[maniani]

SO IS THI.S RIGHT? we fill in the appeal form online ......print it.....fill inform SU07/12 -add supporting documents(which documents do we need to send ?) .....pay the appeal fee .........then send it to po box 6987 leicester. united kingdom le16zx......is that correct?does my wife have to send the application documents to the leicester address too ...?

Yes you need to fill online and take printout and attach SU07/12 and sent it to FTTIAC. If the sponsorship undertaking is the only you must SU07/12 only. You don't need to attach other document. If your refusal upheld by ECM , then you need to send all document .

[cutepie]

thankyou for your help ))

[cutepie]

hi,is this the correct address that i neeed to send our appeal to by post?....First-tier Tribunal (Immigration and Asylum Chamber)
PO Box 6987
Leicester
United Kingdom
LE1 6ZX

[Amber]

You need to complete IAFT-2 (click).

The correct address is on the form, send by recorded delivery.

[cutepie]

hi,im doing the appeal for our visa from inside the uk ,is it still the IAFT-2 form?

[Amber]

Yes as you're appealing an ECO decision.

Remember your partner is the applicant, who is outside the UK.

[cutepie]

hi ,we dont know what to write in the reason to appeal section ,is there any way of wording it that would help the appeal?

[cutepie]

hi,there is a part in the refusal letter that says ...ihave taken into consideration that your sponsor is currently living in a flat which he rents using his benefit payments.i do not argue that this property is not sufficient to accommodate you as well ....................... what response to that should we write in the appeal ,thanks for your advice

[cutepie]

hi,this is what we are going to write in the reason for appeal section ...the grounds of our appeal is based on two things
A-it states in the refusal letter that i (david ****) have not supplied a completed sponsorship undertaking form (form SU07/12).i david **** have now completed this form and include in this appeal.i would like to add that when we were preparing the visa application we found nothing in the guidance notes related to the SU07/12 SPONSORSHIP UNDERTAKING FORM .

B-my wife has no intention of using public funds while in the uk
she will not try to use public funds in the uk
she will gain employment as soon as possible
the reason for her wanting to come to the uk is to be with me(david demonti) her husband
NOT TO TRY TO EXPLOIT GREAT BRITONS PUBLIC FUNDS


We both hope you will approve our visa as soon as possible so that we can get on with our lives together .being apart from each other is not good for our state of mind or physical health.

[Amber]

Just stick to the reason for refusal, don't start mentioning other things i.e. public funds.

Stipulate that paragraph 35 states that the applicant may be asked to complete an undertaking, not must, you would need to be asked first to do so by an ECO. Although, you have included the undertaking form, you think that this is unreasonable as the circumstances are not exceptional as per ECB12 - Undertakings.

Explain you clearly meet adequate maintenance as per the letter I did previously, include this again.

A one-bedroom flat may be adequate accommodation for a couple, please see, Maintenance and accommodation (MAA) (click).

You must have adequate maintenance and accommodation for EC.

[cutepie]

thanx for your advice we really appreciate it ))do you think our appeal will be successful?

[Amber]

Yes. It ought to be. Hopefully an appeal won't be required and the ECM will overturn the decision.

[cutepie]

this is what ive written for the appeal

we are appealing against the refusal decision on the grounds you stated that david **** had not submitted a sponsorship undertaking form (form SU07/12).Note that paragraph 35 states that the applicant MAY be asked to complete an undertaking,NOT MUST.An ECO did not request this.I have included the completed undertaking form although we think this unreasonable as the circumstances are not exceptional as per ECB12-UNDERTAKINGS.I have included a phone/broadband bill as required with the SU07/12 FORM .
We clearly meet the adequate maintenance requirement of which we submitted in the application ,we attach a copy of this again for your attention .
we clearly meet the adequate accommodation requirement .i have attached the tenancy agreement to prove this.
THERE IS NO REASON FOR YOU TO REFUSE ENTRY CLEARANCE AND IT SHOULD BE APPROVED IMMEDIATELY.


is that ok?or have i fiorgotten something?

[Amber]

Seems fine apart from the additional the, which I've removed. Good luck and let us know the outcome.

[Amber]

Has there been an update?