refused visa even though i followed all required information, on dla / incapacity

Re: refused visa even though i followed all required information, on dla / incapaci

I think it is bad news for anyone below the income support level he and his family would receive if they claimed...

Even if you claimed Income Support your income would be what the UK Government deemed you needed as a single disabled person, not what your family needed. It is not just a matter of meeting the £112.55p/week income. The government has deemed that the extra income you receive in the form of incapacity Benefit/DLA is for you and you alone. The UKBA make that clear in their refusal.

In short, I don't think you could bring your wife to the UK whilst you still qualify for Income Support. Even if you claimed Income Support it would be at the level for a single person (not a couple) and the income requirements for you as a couple would not be met. Additionally, if you were on Income Support, income from Income Support could not be used to satisfy the required income anyway. And you cannot use your income from Incapacity Benefit to meet the income requirements either. It does appear, however, that your income from DLA could possibly be used to meet your income requirements since it is NOT in the following exclusion list...

So, I think your only chance is to show you have an income of £112.55p/week from DLA, pension and your garage income and that is assuming the UKBA allow you to offset your housing costs etc from your other source of income (Incapacity Benefit and any Income Support you may decide to claim). If you are on the top rates of DLA for both care (£79.15p) and mobility (£55.25p) then you may stand a chance.

Good luck!

Re: refused visa even though i followed all required information, on dla / incapaci

HI,
Yes i know they make it clear that this income is deemed as for me alone, , but if they look at every case in this way, then no one will ever get a visa if they are disabled in any way, so why even have this rule if they make it impossible to get a visa this way
effectively thay are saying if you are on benefits don't apply,
the ironic thing is if my wife were here i would not be on benefits, i hate being on these, i have always worked all my life up to getting sick, but i can not start our business alone, it would just be impossible, I am on middle rate care, and higher rate mobility, but sadly i can't go any where any way,
hey what the hell, there are far worse things in life than my small problems , but thanks for all your advice
take care

Re: refused visa even though i followed all required information, on dla / incapaci

I do understand your plight bernie. I too am disabled and on disability benefits, topped up with Pension Credit.

Re: refused visa even though i followed all required information, on dla / incapaci

Back again,
I sent a request for a reconsideration to the embassy, there reply was you must appeal, we can not do any thing unless an appeal has been submitted in the uk, , and they basically asked me not to contact them again, because this would be discussing my visa refusal, and it has to go through the correct channels,
i am of the mind that the person at the embassy just has no idea what i am talking about so just replied with a template letter,
???
or may be he is right, and the many many legal and other information i have is not up to date,
i just don't know,
any way i am sending off my appeal today, i'm not sure if i trust the ukba to say they received it, because they say they did not receive my reconsideration request. even though i gave them the name of the person who signed for it at the embassy,
i really am beginning to think something sinister is afoot,
oh well , lets hope i live long enough to see my love again,
this rate if i live to be a hundred , it still may not be long enough,
take care
Bernie

Re: refused visa even though i followed all required information, on dla / incapaci

Appeal is your most likely reason these days to win ,it seems that yukba will oftenly wait till the eve of the hearing befor conceeding, its become a sort of game of chicken.

If you believe your within the rules its an extra 80-140 if you win it will be returned

Re: refused visa even though i followed all required information, on dla / incapaci

Hi,
Just looking through ukba site for december 2013, found the following , does this mean that incapacity and council tax benifit can not be included in my appeal,
these things are so worrying ,

December 2013
Immigration Directorate Instructions
Family Members under Appendix FM and Appendix Armed Forces of the Immigration Rules
Annex FM Section FM 1.7: Financial Requirement



4.2. Sources that are not permitted
4.2.1. Income from the following sources will not be counted towards the financial requirement:
Any subsidy or financial support from a third party (other than child maintenance or alimony payments, academic maintenance grants/stipends or gifts of cash savings that meet the requirements specified in paragraph 1(b) of Appendix FM-SE).

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Income from others who live in the same household (except any dependent child of the applicant who has turned 18 and continues to be counted towards the higher income threshold the applicant has to meet until they qualify for settlement).
Loans and credit facilities.
Income-related benefits: Income Support, income-related Employment and Support Allowance, Pension Credit, Housing Benefit, Council Tax Benefit and income-based Jobseeker’s Allowance.
The following contributory benefits: contribution-based Jobseeker’s Allowance, contribution-based Employment and Support Allowance and Incapacity Benefit.
Child Benefit.
Working Tax Credit.
Child Tax Credit.
Unemployability Allowance, Allowance for a Lowered Standard of Occupation and Invalidity Allowance under the War Pensions Scheme.
Any other source of income not specified in Appendix FM-SE as counting towards the financial requirement.

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Back again . long absence i know, After sending our reconsideration request and our appeal, we are still waiting for a reply , even though the embassy told us we will hear by 14th February, after getting 5 different legal people who specialize in immigration, and your self's and several other groups, all have said there was no reason to refuse , it clearly says in their directive, that they must use the formula income minus housing = the same or more than a couple would be getting if on income support , , they can not say the benefits i am getting are solely for myself, this is made very clear , it is also made very clear that if they refuse , they must use and show this formula with the refusal, since they chose not to do this , it is clear this was not a mistake , or gross incompetence , but a clear and deliberate act in order to meet their refusal targets , over the last few months i have received so much information about different embassies using the same reasons again and again , often even after judges have told them to issue visas immediately they then appeal the decision of the appeal, this is clear criminal action. in that they are not following the law for giving visas, and due to the number of reasons and errors they made on our application. and so many similar on thousands of other applications that have been refused , it is crystal clear they are directed to fail as many as possible to get immigration numbers down, this is a criminal act, both by the government and the individuals that deliberately decide to make this choice and not follow the correct legal procedure, , since i have been rattling cages it is clear they will not reconsider our application, it is now our intention when we have finished gathering evidence the government heads, and individuals who actually refused visas, knowing they should of been approved, i will keep you updated as to when this will be, many thanks for your help and advice in the past,Yan and Bernie

Bernie, if you haven't already, I would strongly recommend you write to your MP and ask him/her to ask questions of UKBA on your behalf - however, since you are already appealing I'm not sure this will serve you any benefit. I'm also not sure where you are getting your information from, but UKBA simply do not allow reconsideration any more. It's appeal or nothing. Obviously you have done this, but the appeal process can take 6 - 9 months to resolve in some circumstances. It's disappointing that the embassy are not keeping their promises... and perhaps this is something you can ask your MP to question.

Hi Mark,
At the time of our refusal, they still had on the site how to word your reconsideration request, but it was removed within two weeks of us sending in the reconsideration, they do still do reconsideration's , but now it is the first stage of the appeal, the tribunal place sends all your appeal papers to the embassy who refused, and asks them to reconsider, or refer for appeal. very few if any actually get reconsidered , but this is just because they do not want to reconsider any thing, , i have read countless cases where they are instructed by judges at the appeal stage to stop wasting the courts time , and issue visas when it is clear they have no reason to refuse , then the judges have said issue this visa immediately, , what do the ukba do, appeal the judges decision, it is all about politics, nothing at all about immigration, they incite the UK public to see immigration as a very serious problem, , then use genuine relationships as their tool to cut numbers , but we all know immigration is still on the rise, we are just an easy target, or so they think, big big big mistake , the snow ball is growing fast , and unless this government changes it's attitude soon, and stops the lies and incitement to racial hatred there will be so many problems , we are fast becoming a dictatorship state , all the small things this government is doing all dictators do, you only need to look at history, i have written to my MP on two occasions not even a reply , hardly surprised, probably because i did not write in welsh, i have also read several letters from people that wrote to May, they are her constituents , she clearly has a pre written reply , as they are all the same , there is nothing i can do, it would be a conflict of interest, she is there to represent her constituents , , sadly these peoples only aim is to further their careers, they have no care for the country , and certainly no care for the poor people in the country, thank you for your reply, i always appreciate any information i can get, every thing has a use at some time , take care,

Well, Bernie, dont for one moment think that you cant win on appeal. You can and people do. I have seen examples of this.

Good luck.