Successful Spouse Visa Application
Sonia Dass represented Mrs B who is Kosovan and wanted to come to the UK on a Spouse Visa. She is married to a British Citizen. The couple had previously made two applications for Entry Clearance which were both refused. She came to me via her husband with hope that I would be able to help her.
Mr B was not working. He therefore did not meet the financial threshold of earning £18,600 as set in Appendix FM of the Immigration Rules. He was however the carer for his elderly parents. I therefore made an application on behalf of Mrs B setting out all the income her husband was receiving by way of his benefits.
However, the amount Mr B received from his Carers Allowance and Income Support still did not beat the amount required under the rules in Appendix FM. Mr B’s father with whom he lived received Attendance Allowance for his personal care. As Mr B would provide daily care, his father would give that amount to him. Mr B was able to show that he received payment from his father and this amount meant that he received more than a couple on Income Support.
Mrs B’s application was successful and she is now in the UK with her husband.
Student Visa Woes
Sonia Dass represented Mrs O who was already in the UK with valid leave as a Student. Her visa was due to expire in April 2014. In August 2013 she married a British Citizen. Mrs O worked on a part time basis whilst she studied for an MSC in Nursing.
Sonia saw the couple at the end of 2013. They met all but the financial criteria of the Immigration rules in order to make a successful spouse application. Mr O was suffering from several serious medical conditions. He was under the care or various Consultants and hospitals. Mr O was previously receiving Incapacity Benefit which later changed to Disability Living allowance. This allowance was abolished and was replaced with Personal Independence Payment. However the waiting list for this benefit was going into several months. Mr O applied for this benefit in September 2013.
Without either meeting the financial criteria or receiving one of the listed benefits which exempt a client from the financial provision, the application would have been unsuccessful. The only other option Mrs O had was to make an application to the Home Office under the 10 year route which neither wanted.
The time had come for Mrs O to make a further application, and Mr O had still not had a date for his benefit situation to be reviewed. Mrs O also had to submit a dissertation as part of her course and required extra time which was approved by her University. She therefore applied to the Home Office for a short extension to do so. This was granted until 7.10.14.
The couple came to see me again in around August 2014, and were quite anxious as Mr O had been on the waiting list for the Personal Independence Allowance to be considered for almost a year. I saw how they were affected and took it upon myself to make some enquires with the PIP department. I called them and was told that there was a very long waiting list for London PIP applications to be considered. They could not tell me when the next appointment would be. I was convinced Mr O would be granted the benefit and therefore asked if he could go to a different office instead of London.
The lady at the PIP helpline was most helpful. She informed me that he could attend somewhere else and offered him an appointment within a week. However he would have to travel over 100 miles to get there. Mr O agreed that he would make the journey and he attended the appointment. Within a matter of days, his application was granted and he received a backdated payment.
Mr O was now receiving PIP which meant Mrs O was exempt from the financial provisions as set out in paragraph E –ECP 3.1 of Appendix FM. I made an application on this basis and within 4 weeks of making it, the Home Office granted her 30 months leave to remain.
Both Mr and Mrs O were delighted and sent the enclosed testimonial to show their gratitude.
Testimonial from Mr O after receiving benefit
Hello Sonia, I have just received a letter from the benefits people stating that they have decided to award me the Personal Independence Payment (PIP) benefit, and they have already made payments! I wish to sincerely thank you for your encouragement and help in making this happen, Chinelo and I are too happy for words! I am completely free next week if you would like us to meet so that I can hand in the other supporting documentation that we had discussed. Once again Sonia, THANK YOU SO MUCH!!!! Regards, Mr O
Testimonial after receiving outcome
Hello Sonia, Sonia, I would like to thank you for the patient and persevering professionalism with which you have handled our case. We were extremely fortunate to have found you as our solicitor. I like the manner with which you clearly outlined our legal case, and how you were always patient, tolerant, and available and ready to address each and every concern we might have. I was especially impressed with the patience you exhibited while my wife and I resolved a few thorny issues, and I deeply thank you for how you intervened to help me get the disability benefit that I badly needed and just when I needed it the most! After having waited 10 months to be assessed, a phone call from you convinced them to assess me two days later, and after a review of all the medical evidence they made a positive decision on my claim just a week later. Thank you so much, the impact of that phone call has made a tremendous positive difference to my life and to my family. I cannot thank you enough! Furthermore, your confidence regarding our case, really helped to reassure us so that my wife and I could begin to make plans for the future and focus on building a family. Thank you so much Sonia! I would definitely recommend you and Powell Spencer Solicitors to everyone. Regards, Mr. O