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Spouse Visa Refused


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Hi All,

I have just been told my wife of 11 years has just had her visa refused.My problem is that at 56 and currently unable to work due to long term sickness I am receiving public assistance.

Since the rate of assistance given to me is of a single man,I do not meet the ECO requirement of income of £93 per week so how do I proceed about appealing against the decision

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Your wife will have been given an appeal form. You may complete this on her behalf and send it to the Asylum and Immigration Tribunal in Loughborough. This must be done within 28 days of the service (deemed service) of the refusal notice on your wife. It takes approximately 7-8 months for the appeal to be heard.

Do you receive Disability Living Allowance? If so, this is not construed as a public fund and could take your income over the £93.00 benchmark. However, when the appeal is heard, the immigration judge can only decide the case on the basis of the facts as they were at the time of the decision. So, if when your wife's visa was refused, you were receiving less than £93.00 per week, it is likely the appeal will be dismissed. You might, though, have a human rights ground for appeal if you have been married and living together for 11 years and have already formed a family unit.

Scouse.

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This will be interesting to hear the full story from the OP - sounds like he wants his cake and eat it at the expense of the British tax payer????

Cynic maybe, but is that not what the government has been trying to stop?

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This will be interesting to hear the full story from the OP - sounds like he wants his cake and eat it at the expense of the British tax payer????

Cynic maybe, but is that not what the government has been trying to stop?

mmmm married 11 years and this is his first post ? :o

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