help pls

[adie_daryl]

hi everyone, im new on this sitemay i ask your help on our case. my fiance and I before was applying fiance visa but unfortunately were not lucky were planning to appeal against the decision of ECO but on the other side we think its better if we apply another visa than wait for long for result of our appeal then might it will refused again

here our case, my fiance have no work because he have rhumatoid arthritis...he received benefits from government. he have disability living allowance and Incapacity benefit...he's benefits was directly go to his bank and he have also savings...but not to much. he don't own his house its council property and he's not paying on monthly on it because its 1 benefits that he received. his the only one stay on his house because his only girl daughter have work already and have own house but rent also. so all expenses he received was all go to him.

my question what we do now in order the eco will satisfy that my fiance can support me? help us pls....thank u

[adie_daryl]

hi everyone, im new on this sitemay i ask your help on our case. my fiance and I before was applying fiance visa but unfortunately were not lucky were planning to appeal against the decision of ECO but on the other side we think its better if we apply another visa than wait for long for result of our appeal then might it will refused again

here our case, my fiance have no work because he have rhumatoid arthritis...he received benefits from government. he have disability living allowance and Incapacity benefit...he's benefits was directly go to his bank and he have also savings...but not to much. he don't own his house its council property and he's not paying on monthly on it because its 1 benefits that he received. his the only one stay on his house because his only girl daughter have work already and have own house but rent also. so all benefits he received was all go to him.

my question what we do now in order the eco will satisfy that my fiance can support me? help us pls....thank u

[pumpkins]

whew! sorry to hear that but dont lose hope..other members can give you advice here..i just want to welcome you here..WELCOME

[adie_daryl]

whew! sorry to hear that but dont lose hope..other members can give you advice here..i just want to welcome you here..WELCOME

thank u pumpkins for inspiring words...

[sunshine]

Hello welcome to the forum!

May i ask what was the reason for refusal?? Have you met your fiance in person??

[angel17]

hi everyone, im new on this sitemay i ask your help on our case. my fiance and I before was applying fiance visa but unfortunately were not lucky were planning to appeal against the decision of ECO but on the other side we think its better if we apply another visa than wait for long for result of our appeal then might it will refused again

here our case, my fiance have no work because he have rhumatoid arthritis...he received benefits from government. he have disability living allowance and Incapacity benefit...he's benefits was directly go to his bank and he have also savings...but not to much. he don't own his house its council property and he's not paying on monthly on it because its 1 benefits that he received. his the only one stay on his house because his only girl daughter have work already and have own house but rent also. so all expenses he received was all go to him.

my question what we do now in order the eco will satisfy that my fiance can support me? help us pls....thank u

welcome adie_daryl im nt knowledgeable enough on your case but for sure many of our members here will help you... im sure sooner you will on your hubby dont worry about it....keep smiling

[adie_daryl]

Hello welcome to the forum!

May i ask what was the reason for refusal?? Have you met your fiance in person??

here the reason why were refuse




as part of your application you have submitted documents showing that your fiance is in receipt of income support and disability living allowance. these payments have been assessed by the Deaprtment of work and Pensions as sufficient to support one person. you have shown no evidence that your sponsor is employed or in receipt of a regular income from employment. in light of this, i cannot be satisfied that your sponsor is in a position to support you in the uk. this means that i am not satisfied that you are able to maintain and accomodate yourselves without having furthur recourse to public funds. (paragraphs (vi) (vi) HC395


whilst you have submitted tenancy agreement in your fianc's name this is dated 1991. you have submitted no evidence that arrangement is still valid. you have not provided enough evidence to show your sponsor rents the property in which you plan to live in, or that rent payments are being made. without this, i am not satisfied that the accommodation is secure, or that you can live in the accommodation without using public funds. paragraph (vi) v) HC 395

you have not given reasonable evidence that the accommodation you plan to live in is suitable or big enough for this purpose. so, i m not satisfied that this accomodation meets the requirements of the Housing Act and that there will bew enough room for you and your fiance without having recourse to public funds pragraphs (vi) ( v) of HC395



hi sunshine, yup we met my fiance already here in person and engaged. About on 2nd paragraph the tenancy agreement, what else we should provide? as the eco questioning the date 1991. my fiance tried already to ask before for certification that he still lived until now on that house just to proof that 1991 start the tenancy agreement and he still live there but the manger of the housing council explain that the tenancy agreement is already proof that he still lived on that house without that tenancy agreement on him it means he dont lived anymore on that house. and the tenancy agreement also have description of the house like maximum number of people allowed to live in the house is 3 person and has 2 rooms and 1 living room thats why only the tenancy agreement we submit when we apply fiance visa before.enlighten me pls...thank u

[joebloggs]

you and your b/f should have spent a bit of time preparing your visa app

how old is your b/f ?

he needs to have left about £100 a week after hes paid his rent and community charge.

having some savings would have helped alot, if you had prepared properly, he should have loaned money off family, friends, credit card for 6 months and once you got your visa paid it back.

If the accommodation is privately rented, the sponsor should submit a letter from the landlord that confirms both the size of the property and his agreement that an additional occupant may take up residence there. The sponsor should also include a copy of the tenancy agreement, and the tenancy agreement should have at least six months remaining until its expiry.

If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.

as for appealing, that could take a while and you would need to provide addtional evidence like i've just mentioned.

and if you apply again, and if you dont provide additional evidence you will probably be refused again.

[scottishbride]

here the reason why were refuse




as part of your application you have submitted documents showing that your fiance is in receipt of income support and disability living allowance. these payments have been assessed by the Deaprtment of work and Pensions as sufficient to support one person. you have shown no evidence that your sponsor is employed or in receipt of a regular income from employment. in light of this, i cannot be satisfied that your sponsor is in a position to support you in the uk. this means that i am not satisfied that you are able to maintain and accomodate yourselves without having furthur recourse to public funds. (paragraphs (vi) (vi) HC395


whilst you have submitted tenancy agreement in your fianc's name this is dated 1991. you have submitted no evidence that arrangement is still valid. you have not provided enough evidence to show your sponsor rents the property in which you plan to live in, or that rent payments are being made. without this, i am not satisfied that the accommodation is secure, or that you can live in the accommodation without using public funds. paragraph (vi) v) HC 395

you have not given reasonable evidence that the accommodation you plan to live in is suitable or big enough for this purpose. so, i m not satisfied that this accomodation meets the requirements of the Housing Act and that there will bew enough room for you and your fiance without having recourse to public funds pragraphs (vi) ( v) of HC395



hi sunshine, yup we met my fiance already here in person and engaged. About on 2nd paragraph the tenancy agreement, what else we should provide? as the eco questioning the date 1991. my fiance tried already to ask before for certification that he still lived until now on that house just to proof that 1991 start the tenancy agreement and he still live there but the manger of the housing council explain that the tenancy agreement is already proof that he still lived on that house without that tenancy agreement on him it means he dont lived anymore on that house. and the tenancy agreement also have description of the house like maximum number of people allowed to live in the house is 3 person and has 2 rooms and 1 living room thats why only the tenancy agreement we submit when we apply fiance visa before.enlighten me pls...thank u

Welcome! I am sorry to hear about your application, Like pumpkin said for sure some of the members here can help you.

[adie_daryl]

you and your b/f should have spent a bit of time preparing your visa app

how old is your b/f ?

he needs to have left about £100 a week after hes paid his rent and community charge.

having some savings would have helped alot, if you had prepared properly, he should have loaned money off family, friends, credit card for 6 months and once you got your visa paid it back.

If the accommodation is privately rented, the sponsor should submit a letter from the landlord that confirms both the size of the property and his agreement that an additional occupant may take up residence there. The sponsor should also include a copy of the tenancy agreement, and the tenancy agreement should have at least six months remaining until its expiry.

If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.

as for appealing, that could take a while and you would need to provide addtional evidence like i've just mentioned.

and if you apply again, and if you dont provide additional evidence you will probably be refused again.

thank you so much joebloggs... At least were in enlightened now...is it ok if we apply another visa like spouse visa or re-apply for fiance visa? then we will save money as what you advice so that we have enough money in our bank to submit in embassy..and is it not the problem of dOnt have work? he's only receiving benefits (INCAPABILITY ALLOWANCE 421.80, DLA 188.40, INCOME SUPPORT 156.80) as long he have enough money and we can provide proof of evidence and list of his benefits that he received including his house....thank u very much

[adie_daryl]

you and your b/f should have spent a bit of time preparing your visa app

how old is your b/f ?

he needs to have left about £100 a week after hes paid his rent and community charge.

having some savings would have helped alot, if you had prepared properly, he should have loaned money off family, friends, credit card for 6 months and once you got your visa paid it back.

If the accommodation is privately rented, the sponsor should submit a letter from the landlord that confirms both the size of the property and his agreement that an additional occupant may take up residence there. The sponsor should also include a copy of the tenancy agreement, and the tenancy agreement should have at least six months remaining until its expiry.

If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.

as for appealing, that could take a while and you would need to provide addtional evidence like i've just mentioned.

and if you apply again, and if you dont provide additional evidence you will probably be refused again.

hi joebloggs, my bf is 51 and me is 25...thank u very much

[joebloggs]

thank you so much joebloggs... At least were in enlightened now...is it ok if we apply another visa like spouse visa or re-apply for fiance visa? then we will save money as what you advice so that we have enough money in our bank to submit in embassy..and is it not the problem of dOnt have work? he's only receiving benefits (INCAPABILITY ALLOWANCE 421.80, DLA 188.40, INCOME SUPPORT 156.80) as long he have enough money and we can provide proof of evidence and list of his benefits that he received including his house....thank u very much

tell you b/f to goto the citizen advice or/and his local law centre, both places should be able to give him some free advice.

the problem with the housing, i would have thought can be easily over come, with a letter from his landlord stating his tenancy agreement is valid and also they do not object to you living there, and bankstatements showing his rent is being paid, and include photos of the house and inside showing the size of the rooms and also a report from his council stating it will not be overcrowded with you living there.

the money side is a problem no job and little savings, but if he can do a budget showing his incomings and out goings, and as long as his has about £100a week left after paying rent and coummunity charge for you both to live off, you would have a better chance.

thou you both need to realise, once you move and live with him it could effect some of his benefits he gets. so another reason why savings would have been really helpful.

if he can get this evidence togther quickly, then i would probably appeal to the british embassy in manila, thou it all depends if the new evidence will be allowed to be submitted.

nothing stopping you applying for a new spouse or fiancee visa, but you would have to overcome the reasons for refusal, or you risk being refused again..appealing thou , you could b e waiting 6 months or more.

with time and planning you both could have probably avoided the refusal.

notes on Overcrowding, The test for determining whether or not an accommodation is overcrowded is given in the IDI's (Chapter 8, S1 annex F, paragragh 6.3). It takes the form of a table which is reproduced below. To use the table, add up the number of occupants according to the following scheme: occupants under the age of one count as zero; occupants between one and ten years of age count as one-half; and occupants over the age of 10 count as a whole person.

Number of rooms ---- Permitted number of persons
1 --------------------------------- 2
2 --------------------------------- 3
3 --------------------------------- 5
4 --------------------------------- 7.5
5 --------------------------------- 10

For example, a family consisting of two adults, a child aged 7, a child aged 5, and a child aged 6 months would tally as 3 persons, and would therefore require 2 bedrooms.

[Arthur Little]

Welcome to the forum.

Let me say how sympathetic I am to learn of your predicament - particularly the fact that your fiance has Rheumatoid Arthritis ... a chronic condition my [late] first wife also suffered from ... thus severely limiting an affected person's employment prospects.

So where DO you go from here? Well sadly, there is little I can add to what Joe Bloggs has already said ... EXCEPT to say that it might be worthwhile your fiance referring the case to his local Citizens' Advice Bureau. £550 + is, after all, a considerable sum of money for ANYONE to fork out ... let alone someone reliant on Disability Living Allowance and/or Income Support ... especially in the light of such an unsatisfactory outcome!

OK, so in the view of the Entry Clearance Official dealing with the application, you - as a couple - evidently do not satisfy the criteria set by the British Embassy [mainly, it would seem] on account of your *fiance's incapacity ... which, in all fairness, is hardly *HIS fault. There again, though, you might want to reconsider the questions raised by the ECO as regards how your fiance is placed accommodation-wise in the long-term.

All things considered, therefore, I would strongly suggest he contacts Citizens Advice at the earliest opportunity ... and certainly within the time frame allowed for launching an appeal. The last thing you want is having to incur the same fee again in order to re-apply.

All the very best to you both in your efforts.

[marlyn&kenny]

hey guys keap us informed on how your doing. if i manage to get my future wife marlyn here to uk i will be hapy to donate a bit to help you. god bless. good luck. kenny and marlyn

[pumpkins]

you have a good heart kenny..i wish you goodluck for you both marlyn and kenny...

[IainBusby]

Hi,
I think that Joe has said all that needs to be said with regard to the accommodation issue and I think with the all the correct evidence you should be able to convince the ECO that he has suitable accommodation for you.

The other issue, his income, or lack of it is I think more serious and from what the ECO has said about it, unless your fiancee's financial situation changes dramatically, I don't think the ECO will be satisfied that he can support you without recourse to public funds.

In this situation I think your best chance of success is to get married in the Philippines and apply for a spouse visa. With a spouse visa you are allowed to work from the day you arrive in the UK and you could state your intention to do so. I also believe that the ECO's have to have a much stronger case for refusal when it comes to denying a husband and wife the right to be together.

Iain.

[adie_daryl]

tell you b/f to goto the citizen advice or/and his local law centre, both places should be able to give him some free advice.

the problem with the housing, i would have thought can be easily over come, with a letter from his landlord stating his tenancy agreement is valid and also they do not object to you living there, and bankstatements showing his rent is being paid, and include photos of the house and inside showing the size of the rooms and also a report from his council stating it will not be overcrowded with you living there.

the money side is a problem no job and little savings, but if he can do a budget showing his incomings and out goings, and as long as his has about £100a week left after paying rent and coummunity charge for you both to live off, you would have a better chance.

thou you both need to realise, once you move and live with him it could effect some of his benefits he gets. so another reason why savings would have been really helpful.

if he can get this evidence togther quickly, then i would probably appeal to the british embassy in manila, thou it all depends if the new evidence will be allowed to be submitted.

nothing stopping you applying for a new spouse or fiancee visa, but you would have to overcome the reasons for refusal, or you risk being refused again..appealing thou , you could b e waiting 6 months or more.

with time and planning you both could have probably avoided the refusal.

notes on Overcrowding, The test for determining whether or not an accommodation is overcrowded is given in the IDI's (Chapter 8, S1 annex F, paragragh 6.3). It takes the form of a table which is reproduced below. To use the table, add up the number of occupants according to the following scheme: occupants under the age of one count as zero; occupants between one and ten years of age count as one-half; and occupants over the age of 10 count as a whole person.

Number of rooms ---- Permitted number of persons
1 --------------------------------- 2
2 --------------------------------- 3
3 --------------------------------- 5
4 --------------------------------- 7.5
5 --------------------------------- 10

For example, a family consisting of two adults, a child aged 7, a child aged 5, and a child aged 6 months would tally as 3 persons, and would therefore require 2 bedrooms.

THANK YOU VERY MUCH joebloogs we know what we will do now. we will try to get advices on the local law entre and might not enough on us to appeal. so we will just apply another visa but we will make sure that this time we are both pepared and have valid evidence to proof that my fiance can support me without helping to public funds and we will follow what you advice on us joebloogs THANK YOU VERY MUCH

[adie_daryl]

Welcome to the forum.

Let me say how sympathetic I am to learn of your predicament - particularly the fact that your fiance has Rheumatoid Arthritis ... a chronic condition my [late] first wife also suffered from ... thus severely limiting an affected person's employment prospects.

So where DO you go from here? Well sadly, there is little I can add to what Joe Bloggs has already said ... EXCEPT to say that it might be worthwhile your fiance referring the case to his local Citizens' Advice Bureau. £550 + is, after all, a considerable sum of money for ANYONE to fork out ... let alone someone reliant on Disability Living Allowance and/or Income Support ... especially in the light of such an unsatisfactory outcome!

OK, so in the view of the Entry Clearance Official dealing with the application, you - as a couple - evidently do not satisfy the criteria set by the British Embassy [mainly, it would seem] on account of your *fiance's incapacity ... which, in all fairness, is hardly *HIS fault. There again, though, you might want to reconsider the questions raised by the ECO as regards how your fiance is placed accommodation-wise in the long-term.

All things considered, therefore, I would strongly suggest he contacts Citizens Advice at the earliest opportunity ... and certainly within the time frame allowed for launching an appeal. The last thing you want is having to incur the same fee again in order to re-apply.

All the very best to you both in your efforts.

Thank you arthur little my fiance lived in newcastle. yup your right, might all we can do now is get advice from the local citizen so that we will know what we will do on our 2nd application. thank you very much for the advices it really helps us and were not losing hope and we will try our best that oneday we will be together. thank you very much

[adie_daryl]

hey guys keap us informed on how your doing. if i manage to get my future wife marlyn here to uk i will be hapy to donate a bit to help you. god bless. good luck. kenny and marlyn

thank you marlyn&kenny i will always update on our case im sure you can get your wife there in uk.

[Ann07]

Welcome to the forum...

Joebloggs has answered all you queries HE IS THE MAN
Goodluck

[adie_daryl]

Hi,
I think that Joe has said all that needs to be said with regard to the accommodation issue and I think with the all the correct evidence you should be able to convince the ECO that he has suitable accommodation for you.

The other issue, his income, or lack of it is I think more serious and from what the ECO has said about it, unless your fiancee's financial situation changes dramatically, I don't think the ECO will be satisfied that he can support you without recourse to public funds.

In this situation I think your best chance of success is to get married in the Philippines and apply for a spouse visa. With a spouse visa you are allowed to work from the day you arrive in the UK and you could state your intention to do so. I also believe that the ECO's have to have a much stronger case for refusal when it comes to denying a husband and wife the right to be together.

Iain.

thank you IAnBusby all we do now is to ask advice to the local citizen to help us what we will do on our case and our second option is to apply spouse visa. we wil make sure onthe 2nd time on our application that we will both ready and prepared and we will follow what the forum es advices. i will update always thank you

[adie_daryl]

Welcome to the forum...

Joebloggs has answered all you queries HE IS THE MAN
Goodluck

thank you Ann07 HE IS

[adie_daryl]

hi everyone

[vbkelly]

hi everyone, im new on this sitemay i ask your help on our case. my fiance and I before was applying fiance visa but unfortunately were not lucky were planning to appeal against the decision of ECO but on the other side we think its better if we apply another visa than wait for long for result of our appeal then might it will refused again

here our case, my fiance have no work because he have rhumatoid arthritis...he received benefits from government. he have disability living allowance and Incapacity benefit...he's benefits was directly go to his bank and he have also savings...but not to much. he don't own his house its council property and he's not paying on monthly on it because its 1 benefits that he received. his the only one stay on his house because his only girl daughter have work already and have own house but rent also. so all expenses he received was all go to him.

my question what we do now in order the eco will satisfy that my fiance can support me? help us pls....thank u

you are the same case of my friend her husband is disabled and have benefits from gov but she was applied for spouse visa and she was denied and they appealled it and was granted... what if you get married in PI and apply a spouse visa

[adie_daryl]

hi everyone

hi everyone im so happy because my fiance will visit me this coming 16 sept to celebrate with me on my b-day on 17 sept he want me to be happy inspite of negative result to our application.his busy getting important docs that might can help us on our appeal and we follow what docs we will submit as what you forumer's advice specially to our moderator joebloogs he want to pursue in appealing coz he cant make his mind peaceful if he will not tried to appeal and he said he have his savings is quite good( not sure of it) he just want to try and at least we tried our best possible by 17or18 of sept we will submit the docs and forms of appeal to embassy manila. whatever the outcomes were both ready on it and do the 2nd option the spouse visa and this time we will make sure everything will be ok.

THANK YOU TO ALL OF YOU MEMBERS AND MODERATOR for helping us to enlighten us on our case. It really gives us hope,confident and believed that DESTINY AND FATE will bind us one soon. thank you everyone...i willl update always

[adie_daryl]

you are the same case of my friend her husband is disabled and have benefits from gov but she was applied for spouse visa and she was denied and they appealled it and was granted... what if you get married in PI and apply a spouse visa

hi vbkelly, thank u for sharing us about your friend that's our 2nd option if we will refused again our our appeal they said appeal takes 6 months or more than so whatever the outcomes we will we both prepared on it and gives us time also to save as savings is important while waiting for the result of our appeal. thank u