# Our Spouse Visa has been refused :( Can somebody help please?



## The Original Kempmeister (May 13, 2014)

My wife has just received the package from Sheffield, opened it and what we feared the most has happened...a refusal  We are absolutely devastated as you can imagine but also very confused 

We thought we met the Maintenance Requirement with my ESA benefit but they are saying ESA doesn't count towards the Maintenance Requirement?


Any help would be much appreciated right now


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## pinaylove (Sep 20, 2013)

Sorry to hear that , yeah that's true ESA is not included on the financial exemption,


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## The Original Kempmeister (May 13, 2014)

We were under the impression it was? We read that they had changed the benefits that were included, and ESA was now counted towards it?


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## The Original Kempmeister (May 13, 2014)

*So upset *

We are absolutely devastated  It's been so long being away from each other already...right after getting married and being separated, now we have no idea how long it's going to be until we can be together 

Can Joppa or nyclon answer a few questions we have please?....

We're talking about options of how to get this accepted, or to just be together until it does.

1. I apply for DLA. If I was to apply, and was successful is there a time limit on how long I would have been receiving the DLA?

2. We accept £62500 from my wife's parents into her bank account for 6 months and reapply. (Is that even an option?) Would that be acceptable or does the money have to had been earned? Can it be a gift?

As you may remember my wife was refused entry on returning to the UK from Gibraltar for our wedding. Is that still in force? Is she allowed back to the UK? Could she apply for a Visitor visa to come and stay with me here in the UK while we sort everything out? Is there a set amount of money she would have had to have in her account to meet a "requirement"? She wouldn't be paying anything for accommodation, bills or any expenses.


We really want to be together  This is killing us to be away from each other 

Thank you in advance.


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## The Original Kempmeister (May 13, 2014)

Sorry for posting so much but we are really upset and don't know what to do...

On the "Refusal of Entry Clearance" letter is states...

"You have applied for an entry clearance as a child under Appendix FM of the immigration rules. I have considered your application under Paragraph EC-P.1.1 of Appendix FM of the United Kingdom Rules.

Child? That doesn't make sense?

Also, after listing the benefits that are included it states....

"If the applicant's partner is in receipt of one of the above benefits or allowances on behalf of their child, the applicant will be able to qualify by meeting the financial requirement through "adequate maintenance"."

Why is child mentioned twice? We've applied for a spouse/settlement visa without children


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## Pannyann (May 31, 2014)

Am so sorry to hear your news. 

It seems strange they talk about a child. 

Sit tight one of the excellent moderators on here such as Joppa Nyclon Shel WcCG will be along soon to give you advice


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## nyclon (Apr 3, 2011)

The Original Kempmeister said:


> We are absolutely devastated  It's been so long being away from each other already...right after getting married and being separated, now we have no idea how long it's going to be until we can be together
> 
> Can Joppa or nyclon answer a few questions we have please?....
> 
> ...


These are the benefits which allow you to meet the requirement through adequate maintenance as per FM 1.7:
Carer’s Allowance.
Disability Living Allowance.
Severe Disablement Allowance.
Industrial Injuries Disablement Benefit.
Attendance Allowance.
Personal Independence Payment.
Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme.
Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme.

I don't think there is any particular time in which you have to be receiving the benefit but you must have proof (some form of letter, I think) and at least 1 bank statement showing the money being paid into your account.



> 2. We accept £62500 from my wife's parents into her bank account for 6 months and reapply. (Is that even an option?) Would that be acceptable or does the money have to had been earned? Can it be a gift?


Yes, a gift of money is acceptable. It cannot be a loan. Her parents would have to write a letter declaring that the money is a gift which they do not expect to be returned. They would have to provide their bank statement showing the money leaving their account and you'll need her/your bank statement showing the money being deposited along with 6 months of statements.



> As you may remember my wife was refused entry on returning to the UK from Gibraltar for our wedding. Is that still in force? Is she allowed back to the UK? Could she apply for a Visitor visa to come and stay with me here in the UK while we sort everything out? Is there a set amount of money she would have had to have in her account to meet a "requirement"? She wouldn't be paying anything for accommodation, bills or any expenses.


The problem is she has now been refused 2 visas so she's got 2 black marks on her immigration record. She shouldn't try to enter without applying for a visit visa in advance and if she can't prove strong ties to her country, with 2 refusals her chances don't look good. She can't really stay with you until it's sorted out because she has to apply from her home country.


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## nyclon (Apr 3, 2011)

The Original Kempmeister said:


> Sorry for posting so much but we are really upset and don't know what to do...
> 
> On the "Refusal of Entry Clearance" letter is states...
> 
> ...


Are you sure she filled out the application correctly and ticked the correct boxes? You were correctly refused if you applied using ESA benefits only. So, even though you may have been sent this letter in error (mistakes do happen) it doesn't change the fact that ESA benefits on their own to do not meet the adequate maintenance requirement.


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## The Original Kempmeister (May 13, 2014)

nyclon said:


> These are the benefits which allow you to meet the requirement through adequate maintenance as per FM 1.7:
> Carer’s Allowance.
> Disability Living Allowance.
> Severe Disablement Allowance.
> ...



Thank you so much for replying nyclon 

If I was accepted for DLA, but I wasn't getting enough for the adequate maintenance (£113.70) and had to include my ESA to make up the difference is that ok? For certain?

About the Visitor visa...is there any minimum requirement of money for my wife to have, to be able to stay with me, being that she wouldn't have to be paying anything? Accommodation etc She would of course be going back to the USA to apply for the Spouse Visa again when the time comes, she wouldn't be staying longer than she's allowed. This option is purely because we want to be with each other while we wait. Nothing more, she's not going to be working or anything.


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## The Original Kempmeister (May 13, 2014)

nyclon said:


> Are you sure she filled out the application correctly and ticked the correct boxes? You were correctly refused if you applied using ESA benefits only. So, even though you may have been sent this letter in error (mistakes do happen) it doesn't change the fact that ESA benefits on their own to do not meet the adequate maintenance requirement.


Yes, she ticked all the correct boxes. We went over that so many times to check. They also got her date of birth wrong on the letter.


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## hightensionwire (Jun 23, 2014)

The Original Kempmeister said:


> Thank you so much for replying nyclon
> 
> If I was accepted for DLA, but I wasn't getting enough for the adequate maintenance (£113.70) and had to include my ESA to make up the difference is that ok? For certain?
> 
> About the Visitor visa...is there any minimum requirement of money for my wife to have, to be able to stay with me, being that she wouldn't have to be paying anything? Accommodation etc She would of course be going back to the USA to apply for the Spouse Visa again when the time comes, she wouldn't be staying longer than she's allowed. This option is purely because we want to be with each other while we wait. Nothing more, she's not going to be working or anything.


The last time I went over to the UK I was there for two months and went with almost no money of my own. The entry officers asked me a ton of questions, but when they were satisfied that I'd be staying with my fiance and he'd be paying my way while I was there, they let me through.
At the time, I was also a university student and said that I was only staying throughout the duration of the winter break; which would have shown that I had a tie to the US still. Does she have anything that keeps her tied to the US until she gets her visa and ultimately moves?


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## nyclon (Apr 3, 2011)

The Original Kempmeister said:


> Thank you so much for replying nyclon
> 
> If I was accepted for DLA, but I wasn't getting enough for the adequate maintenance (£113.70) and had to include my ESA to make up the difference is that ok? For certain?


You can add all your benefits together and you must have £113.70 left over each week after paying rent and council tax.



> About the Visitor visa...is there any minimum requirement of money for my wife to have, to be able to stay with me, being that she wouldn't have to be paying anything? Accommodation etc She would of course be going back to the USA to apply for the Spouse Visa again when the time comes, she wouldn't be staying longer than she's allowed. This option is purely because we want to be with each other while we wait. Nothing more, she's not going to be working or anything.



The problem isn't that she won't have to pay for anything. The problem is that she has a bad immigration record. Aside from having to return to the US to apply for a visa what ties does she have to the US? Does she have a job? Does she have rent to pay? Does she have classes to return to? Even if she does, with a visa refusal and a refused entry they are going to view her as being a high risk for trying to stay without an appropriate visa.


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## Pannyann (May 31, 2014)

nyclon said:


> You can add all your benefits together and you must have £113.70 left over each week after paying rent and council tax.
> 
> 
> 
> ...


Nyclon could you clarify something more from reading different things and older threads so if you have been refused say for tourist visa a couple of times does that mean you will have issue getting spouse visa?


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## nyclon (Apr 3, 2011)

Pannyann said:


> Nyclon could you clarify something more from reading different things and older threads so if you have been refused say for tourist visa a couple of times does that mean you will have issue getting spouse visa?


No. But, your application will take longer to process as they will need to investigate the refusals.


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## Pannyann (May 31, 2014)

nyclon said:


> No. But, your application will take longer to process as they will need to investigate the refusals.


Ok thanks have been reading all the old posts whilst recouping I must say all you moderators are a god send to people your knowledge is so vast and helpful, 

I for one would like to say a big thanks


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## suziechew (May 1, 2012)

The Original Kempmeister said:


> Sorry for posting so much but we are really upset and don't know what to do...
> 
> On the "Refusal of Entry Clearance" letter is states...
> 
> ...


mmm ,i wonder if your application got confused with mine ? As sheffield couldnt find our dependant child application . In these times ,with the pressures sheffield is under ,i would not be surprised ,as we are applying under exemption also but im in reciept of P.I.P .


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## The Original Kempmeister (May 13, 2014)

nyclon said:


> You can add all your benefits together and you must have £113.70 left over each week after paying rent and council tax.
> 
> 
> 
> ...


Thanks again for replying 

I'm looking through information about DLA benefit and I'm seeing the starting amount (lowest) which is no doubt what I would get if successful is £20. So that means my wife has been refused basically on the fact that they don't include ESA (even though it meets the requirement in terms of amount) and for the amount of £20? I find this ridiculous! It's a benefit that is the amount they want and is until I'm better. It makes zero sense.

Because of how we met, we were both sick and not working. She's living with her parents so she doesn't have any ties to the USA but then isn't that the whole point of her applying for a spouse visa to come live with me. She's leaving her old life behind to be here in the UK.

I really really appreciate you replying. Thank you so much!


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## hightensionwire (Jun 23, 2014)

The Original Kempmeister said:


> Thanks again for replying
> 
> I'm looking through information about DLA benefit and I'm seeing the starting amount (lowest) which is no doubt what I would get if successful is £20. So that means my wife has been refused basically on the fact that they don't include ESA (even though it meets the requirement in terms of amount) and for the amount of £20? I find this ridiculous! It's a benefit that is the amount they want and is until I'm better. It makes zero sense.
> 
> ...


You're right about it being the point of a spousal visa, but in the case of a visitor its cause for concern, especially one that has two visa rejections against her. They'll be concerned that she'll just disappear into the UK illegally.


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## nyclon (Apr 3, 2011)

The Original Kempmeister said:


> Thanks again for replying
> 
> I'm looking through information about DLA benefit and I'm seeing the starting amount (lowest) which is no doubt what I would get if successful is £20. So that means my wife has been refused basically on the fact that they don't include ESA (even though it meets the requirement in terms of amount) and for the amount of £20? I find this ridiculous! It's a benefit that is the amount they want and is until I'm better. It makes zero sense.



Um. No. You were refused because ESA on it's own is not a benefit which allows you to apply under adequate maintenance.



> Because of how we met, we were both sick and not working. She's living with her parents so she doesn't have any ties to the USA but then isn't that the whole point of her applying for a spouse visa to come live with me. She's leaving her old life behind to be here in the UK.
> 
> I really really appreciate you replying. Thank you so much!


Yes, the whole point of a spouse visa is to live together in the UK. It's not the point of a visit visa.


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## The Original Kempmeister (May 13, 2014)

nyclon said:


> Um. No. You were refused because ESA on it's own is not a benefit which allows you to apply under adequate maintenance.
> 
> 
> 
> Yes, the whole point of a spouse visa is to live together in the UK. It's not the point of a visit visa.


My point being with that is we're getting the required amount under "adequate maintenance" of £113.70 that they require using ESA. Why isn't it included in the list? If I was on DLA (now called PIP) that is on the list I'd be getting less...£20 a week. Both benefits are not a permanent thing. They're assessed every 12 months so it doesn't make sense why one is accepted and the other isn't.


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## nyclon (Apr 3, 2011)

I don't know how to make it more clear. Your'e not getting the required amount because ESA by itself doesn't count towards adequate maintenance. There are specific benefits which allow you to meet the financial requirement through adequate maintenance. ESA is not one of them.


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## The Original Kempmeister (May 13, 2014)

nyclon said:


> I don't know how to make it more clear. Your'e not getting the required amount because ESA by itself doesn't count towards adequate maintenance. There are specific benefits which allow you to meet the financial requirement through adequate maintenance. ESA is not one of them.


Oh it's clear that ESA doesn't count towards adequate maintenance. It's not clear as to why. It makes no sense.


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## Joppa (Sep 7, 2009)

I'm coming late to the thread. You have been on this forum for a while. Did you state in one of your posts that your wife was applying based on your ESA allowing you to meet the financial requirement through adequate maintenance? They we would have told you that she doesn't qualify and will be turned down. Only one or more of those specific benefits nyclon has listed above will qualify. While ESA is a kind of disability benefit, it isn't included presumably because the claimant isn't precluded from working ('_limited _capability for work'). 
Home Office obviously made a mistake with the choice of word 'child' but I don't think it materially alters their decision. Their staff use template to formulate the refusal letter and sometimes use the wrong one. 
So it looks like she was correctly turned down and all you can do is to reapply. If you get DLA (whatever level), you will only need £113.70/week after housing costs, and ESA can be included as your income. This seems the simplest, though it may take a while to get assessed and receive award letter for DLA. PIP is replacing DLA so depending on where you live, you may have to apply for PIP instead.


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## The Original Kempmeister (May 13, 2014)

Joppa said:


> I'm coming late to the thread. You have been on this forum for a while. Did you state in one of your posts that your wife was applying based on your ESA allowing you to meet the financial requirement through adequate maintenance? They we would have told you that she doesn't qualify and will be turned down. Only one or more of those specific benefits nyclon has listed above will qualify. While ESA is a kind of disability benefit, it isn't included presumably because the claimant isn't precluded from working ('_limited _capability for work').
> Home Office obviously made a mistake with the choice of word 'child' but I don't think it materially alters their decision. Their staff use template to formulate the refusal letter and sometimes use the wrong one.
> So it looks like she was correctly turned down and all you can do is to reapply. If you get DLA (whatever level), you will only need £113.70/week after housing costs, and ESA can be included as your income. This seems the simplest, though it may take a while to get assessed and receive award letter for DLA. PIP is replacing DLA so depending on where you live, you may have to apply for PIP instead.


All along I was saying we were applying with ESA to exclude us from the financial requirement. You're right, it is a benefit where you're entitled to work 16 hours a week, but then so is DLA. DLA is in fact paid even if you can work full time. That's why I'm struggling to understand why it isn't included on it's own?


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## Joppa (Sep 7, 2009)

Well, if I have spotted you were applying through ESA for exemption, I'd have told you straightaway you don't qualify.
ESA is contributory or income-dependent (means tested) but DLA isn't (universal benefit for all who qualify and tax-free). .


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## nyclon (Apr 3, 2011)

UKVI has decided what benefits allow you to apply under adequate maintenance. ESA isn't one of them. Have you read FM 1.7? Specifically section 3.6.

https://www.gov.uk/government/uploa...337420/Annex_FM_1_7_Financial_Requirement.pdf


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## Joppa (Sep 7, 2009)

You posted on 26th May 2014:


> Financial
> Can somebody please clarify the exact amount needed? Is the minimum weekly requirement £113.70? I am under that amount with my *ESA/Disability Living Allowance *after what I pay out but my wife has savings to make up the difference but we're unclear if she needs to cover 2 or 2.5 years?


So we assumed you were getting DLA.


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## The Original Kempmeister (May 13, 2014)

I'm sorry (sucks for us) I wasn't more clear in the beginning about applying only under ESA and thank you for taking the time to reply to us. 

So, just to be clear when we apply again, if I get accepted for DLA (PIP) of course...no matter what level of DLA (PIP) I receive, even if it's only £20 a week THEN my ESA will make us exempt from the financial requirement?


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## Joppa (Sep 7, 2009)

To rephrase, if you get DLA at whatever level, you can meet the financial requirement through adequate maintenance, and your ESA can be included in your income.


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## The Original Kempmeister (May 13, 2014)

Joppa said:


> To rephrase, if you get DLA at whatever level, you can meet the financial requirement through adequate maintenance, and your ESA can be included in your income.


Where can I find this information please Joppa?


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## Joppa (Sep 7, 2009)

See the link nyclon has posted. Plus FM1.7a.


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## The Original Kempmeister (May 13, 2014)

Thank you both for your help. It's much appreciated.


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## The Original Kempmeister (May 13, 2014)

I can't find anything stating that you can use ESA towards the adequate maintenance alongside DLA 

This is heartbreaking


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## Joppa (Sep 7, 2009)

> 5.1 Assessing the adequacy of the funds available
> In calculating whether the applicant can be adequately maintained, the decision maker should follow the following steps:
> (a) Establish the sponsor’s and/or applicant’s (if they are in the UK with permission to work) current net income. The net income should be established and if the income varies, an average should be calculated. *Income from benefits can be included as income*.


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/279482/maintenance.pdf

So ESA, a benefit, can be included.


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## Joppa (Sep 7, 2009)

I must say that you really didn't investigate the rules properly when you fist applied. If I'd had the chance to help with your application, you wouldn't have made the mistake and visa would have been granted. All the information needed can be found on Home Office site.


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## The Original Kempmeister (May 13, 2014)

Thank you Joppa.

I know we made a huge mistake, and are now paying for it. Not only with the money this has cost but by now having to be away from each other for so much longer than we anticipated. 
I'll still never understand why they won't allow a benefit to be counted solely that meets the amount they require, but will allow it to make almost all of the amount up. It's just so heartbreaking  

Thank you again for all your help and we'll be sure to ask any questions we may have before applying again.


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## Joppa (Sep 7, 2009)

We can argue till the cows come home but the rules are rules and we just have to abide by them.


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## suziechew (May 1, 2012)

The Original Kempmeister said:


> Thank you Joppa.
> 
> I know we made a huge mistake, and are now paying for it. Not only with the money this has cost but by now having to be away from each other for so much longer than we anticipated.
> I'll still never understand why they won't allow a benefit to be counted solely that meets the amount they require, but will allow it to make almost all of the amount up. It's just so heartbreaking
> ...


i just wanted to share my experience with claiming PIP it took 6 months from when i 1st claimed till i had my interview ,then they told me would be 6 weeks till i got a decision ,but i was lucky and had a decision within a week .i have been awarded it till 2017 .i hope if you can claim it will be quicker for you ,but reading in the papers ,its like everything else backed right up .


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## The Original Kempmeister (May 13, 2014)

suziechew said:


> i just wanted to share my experience with claiming PIP it took 6 months from when i 1st claimed till i had my interview ,then they told me would be 6 weeks till i got a decision ,but i was lucky and had a decision within a week .i have been awarded it till 2017 .i hope if you can claim it will be quicker for you ,but reading in the papers ,its like everything else backed right up .


Thanks suziechew 

I made the phone call this morning for PIP. They're sending me the form to fill out. He did say it would take roughly 6 months to get a decision when I asked. I hope it's quicker and I get accepted so I can be with my wife. 

Congrats on getting awarded PIP because from what I'm reading they're really strict on it. I've read some awful horror stories of very very ill people getting denied


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## suziechew (May 1, 2012)

The Original Kempmeister said:


> Thanks suziechew
> 
> I made the phone call this morning for PIP. They're sending me the form to fill out. He did say it would take roughly 6 months to get a decision when I asked. I hope it's quicker and I get accepted so I can be with my wife.
> 
> Congrats on getting awarded PIP because from what I'm reading they're really strict on it. I've read some awful horror stories of very very ill people getting denied


i hope you do get a quick reply .i knew nothing about it and my CBT therapist told me to apply for it as i would be entittled ,but she also said dont hold your breath on getting it ,its very hard to get ,which sorta confused me ,why say apply and then say you wont get it ? anyway i did and its made a massive difference to me ,didnt even realise it made us exempt till a girl at work (shes canadian )told me ,i was going to sell my house to have the savings needed ,also looked into EEA FP as my company have stores in Ireland and i could transfer to one ,but the thought of travelling just freaks me out,also leaving my dad ,he has parkinsons and i need to keep an eye on him ,he gets very stressed and confused .But selling the house is the plan b if we get refused .


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## Hertsfem (Jun 19, 2013)

So sorry to hear about your refusal TOK, hope you can get it sorted soon and be on your merry way :fingerscrossed:


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## The Original Kempmeister (May 13, 2014)

suziechew said:


> i hope you do get a quick reply .i knew nothing about it and my CBT therapist told me to apply for it as i would be entittled ,but she also said dont hold your breath on getting it ,its very hard to get ,which sorta confused me ,why say apply and then say you wont get it ? anyway i did and its made a massive difference to me ,didnt even realise it made us exempt till a girl at work (shes canadian )told me ,i was going to sell my house to have the savings needed ,also looked into EEA FP as my company have stores in Ireland and i could transfer to one ,but the thought of travelling just freaks me out,also leaving my dad ,he has parkinsons and i need to keep an eye on him ,he gets very stressed and confused .But selling the house is the plan b if we get refused .


I'm sorry about your dad 
Did you have help filling in the form from your therapist?

So glad you were able to be accepted and it's took the worry away for you. Good luck with your application  How long is it now? Last I saw it was 48 days or something? with priority!?


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## The Original Kempmeister (May 13, 2014)

Hertsfem said:


> So sorry to hear about your refusal TOK, hope you can get it sorted soon and be on your merry way :fingerscrossed:


Thanks Hertsfem 

How is your daughter's I believe? application going?


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## Hertsfem (Jun 19, 2013)

The Original Kempmeister said:


> Thanks Hertsfem
> 
> How is your daughter's I believe? application going?


She picked it up today thanks for asking


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## The Original Kempmeister (May 13, 2014)

Hertsfem said:


> She picked it up today thanks for asking


Fantastic news!!!


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## suziechew (May 1, 2012)

The Original Kempmeister said:


> I'm sorry about your dad
> Did you have help filling in the form from your therapist?
> 
> So glad you were able to be accepted and it's took the worry away for you. Good luck with your application  How long is it now? Last I saw it was 48 days or something? with priority!?


yep we are at 48 days now ,i have no idea what is going on .we have been waiting longer than some non priority !!

no i had no help with the form ,but like visa apps i would copy your application for your own records ,i didnt and i wish i had .6 months is a long time and i forget things i did yesterday !


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## Freetofly (Jul 10, 2014)

Oh boy, I didn't know that there was a difference in DLA vs ESA. 

We won't meet the the financial requirements. 

Does this mean that we are not exempt and have to use the the standing financial requirements of £18,600? I'm getting so confused.

Can I use my savings and pension towards the application to meet the £18,600?


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## nyclon (Apr 3, 2011)

Read through FM 1.7 to see how to meet the requirement.

https://www.gov.uk/government/uploa...337420/Annex_FM_1_7_Financial_Requirement.pdf


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## Freetofly (Jul 10, 2014)

nyclon said:


> Read through FM 1.7 to see how to meet the requirement.
> 
> https://www.gov.uk/government/uploa...337420/Annex_FM_1_7_Financial_Requirement.pdf


Thank you nyclon. 
Ok we meet the requirements using my pension and savings, but we have sent in the application already under exempt. I did add my financial as well, but did not add to the application pages. Would it be advisable to send an email to Sheffield explaining the situation or should I be patient? op2:


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## Pallykin (Mar 30, 2014)

What is the latest point at which an application can be withdrawn with refund of fees?


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## Hertsfem (Jun 19, 2013)

Pallykin said:


> What is the latest point at which an application can be withdrawn with refund of fees?


Before biometrics?


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## Joppa (Sep 7, 2009)

Yes. Once they start processing your application, which is meant to begin once you give your biometrics, then no refund of fees for subsequent cancellation or withdrawal.


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## Freetofly (Jul 10, 2014)

Joppa said:


> Yes. Once they start processing your application, which is meant to begin once you give your biometrics, then no refund of fees for subsequent cancellation or withdrawal.


@Joppa should I wait until I hear from Sheffield. I did write in the application for them to review my finincials as well.
-------------------------------------------
Quote:
Originally Posted by nyclon 
Read through FM 1.7 to see how to meet the requirement.

https://www.gov.uk/government/upload...equirement.pdf
Thank you nyclon. 
Ok we meet the requirements using my pension and savings, but we have sent in the application already under exempt. I did add my financial as well, but did not add to the application pages. Would it be advisable to send an email to Sheffield explaining the situation or should I be patient?


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## Freetofly (Jul 10, 2014)

Freetofly said:


> @Joppa should I wait until I hear from Sheffield. I did write in the application for them to review my finincials as well.


Do you think they will still add all the financial together? I did the calulation using the savings and pensions catagories with the conversion of the US $ to £ and I'm well above. I wished I would have found this site before we sent in the application. We even consulted with an immigration firm in which they looked at our documents and said he was exempt.


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## nyclon (Apr 3, 2011)

You can't add new information after you've submitted your application. You applied under adequate maintenance so you can't now add information under a different category.


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## Freetofly (Jul 10, 2014)

nyclon said:


> You can't add new information after you've submitted your application. You applied under adequate maintenance so you can't now add information under a different category.


It does ask in section 4.16 if I the applicant have any income or savings that will still be available to you once you come into the UK? This is in the exempt section. 

I did add all my pension and savings in this section. Is there any hope do you think?


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## nyclon (Apr 3, 2011)

You applied under adequate maintenance and from what you've said your partner does not receive any of the benefits which would allow you to apply under adequate maintenance. Since he doesn't meet the requirement for adequate maintenance it doesn't really matter. They aren't going to consider you under a different category. Only the category you applied under.


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## Freetofly (Jul 10, 2014)

nyclon said:


> You applied under adequate maintenance and from what you've said your partner does not receive any of the benefits which would allow you to apply under adequate maintenance. Since he doesn't meet the requirement for adequate maintenance it doesn't really matter. They aren't going to consider you under a different category. Only the category you applied under.


Ok thank you. I will wait for the refusal letter. 

We are talking about him coming to the US to get married in November than. 
He will travel back to the UK and I will apply for a spousal visa. 
My official retirement date is Nov 1. Will apply in the pension and cash savings category next time, it says they can be combined. If there are threads on this subject can you direct me to them. 
Thank you.


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## nyclon (Apr 3, 2011)

Best to start a new thread with your questions.


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