# Please Help spouse visa Denied to appeal or re apply Morocco Uk



## rainbow13 (Aug 22, 2012)

Hi there ,
I wonder if any of you kind souls can help My Husbands spouse visa has just been denied the reasons are that I didnt put a letter of financial Undertaking in which I was never asked for and the other is that I was overdrawn in 2 statements and they doubt I can look after him which I can until he finds work the question is should I appeal or re apply ?Im so lost I feel we have a good honest case any help would be so appreciated Many Thanks He is in morocco and I am in the uk British citizen


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## Sam_samy (Mar 10, 2013)

laws are sometimes harsh.
try to get some proof to show financial evidence than re apply for another visa.
boost your saving account, and or your job proof and or house ownership and or car ownership...
Its not easy to over come immigration with being faraway and distant from you love. but i pray all will be good for your case.


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## cc9 (Oct 29, 2012)

How much were you overdrawn by?? Do u earn much over the financial requirement of £18600 per annum??
I thought that the new rules looked more at what you earn than what you had left in your account at the end of the month.
Where there any other refusal reasons?? Some people have been successful with their application regardless of their overdraft but the rest of their application was very solid. Post the exact wording of your refusal and the details of your circumstances and someone might be able to advise you properly


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## rainbow13 (Aug 22, 2012)

Hi there and thanks before I start can I just explain that I am exsemt from the financial requirement as I am a carer for my two sons with disabilities so that dosent come into it we also passed the relationship requirement and the language the reasons they said no are no 1 I was overdrawn by 80.00 on two of my bank statements around the time we got married also they say that I didn't have evidence of a job offer for my husband ok so I submitted an appeal in November we found a solvent job offers for my husband I have also showed my savings now 4500.00 and my bank account is now clear we have just received the date 6 August for the appeal .... I am wondering if I should take a solicitor ..? Everything has now been submitted I did request it being brought forward as an urgent expedite request as my son is not in good health and dosent like to travel so I am in a high state of anxiety would you please give me any advice , solicitor or not and is the anything else I should submit ? 

Many thanks


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## rainbow13 (Aug 22, 2012)

Joppa can you help at all with this please you seem to be very good at answering visa queries Many Thanks for your time


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## nyclon (Apr 3, 2011)

Even though you are exempt from the financial requirement of having a salary of £18,600/year you still need to show that you have £112.55 left over per week after paying rent and council tax. It sounds like you didn't meet that but you do now. I'm not sure you have grounds for appeal.


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## Joppa (Sep 7, 2009)

You didn't have enough evidence to show there is adequate maintenance for your husband. Being overdrawn two months doesn't help, and there was doubt over sources of income. 
Best of luck with your appeal. It may be too late to get a solicitor to represent you as you didn't apply through them, but you can still be legally advised.


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## rainbow13 (Aug 22, 2012)

*thanks*



nyclon said:


> Even though you are exempt from the financial requirement of having a salary of £18,600/year you still need to show that you have £112.55 left over per week after paying rent and council tax. It sounds like you didn't meet that but you do now. I'm not sure you have grounds for appeal.


Thanks the thing is because of my sons condition , I lost my job so apart from some savings and maintanece I live on benifits at the moment as I do not have a choice so how are you supposed to do this in my situation ? are you saying because of my circumstances I cannot have my husband here ?

many thanks


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## rainbow13 (Aug 22, 2012)

*thanks*



Joppa said:


> You didn't have enough evidence to show there is adequate maintenance for your husband. Being overdrawn two months doesn't help, and there was doubt over sources of income.
> Best of luck with your appeal. It may be too late to get a solicitor to represent you as you didn't apply through them, but you can still be legally advised.


thanks for your reply yes its true that at present through no fault of my own I am mainly caring for my sons and both have disabilities I had to leave my job because of the stress of this , I have been to a solicitor and she said she will attend the appeal with me in august(for 500 pound ) and will prepare a statement? I have done all the application on my own before hand and also the appeal , so are you saying because of my circumstances I cannot have my husband here with me? all my sccounts are sorted now and clear and in credit I also have savings My husband has a job to start when he is here too 

getting more confused by the day


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## Joppa (Sep 7, 2009)

Not knowing all your ins and outs and not having seen your documents, it's hard to say. As you are now legally advised and will be represented at the appeal hearing, just go for it and see what happens. It's very difficult to predict what an independent tribunal may decide.


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## rainbow13 (Aug 22, 2012)

*can you help*



Joppa said:


> Not knowing all your ins and outs and not having seen your documents, it's hard to say. As you are now legally advised and will be represented at the appeal hearing, just go for it and see what happens. It's very difficult to predict what an independent tribunal may decide.


thank you joppa I feel its too late too take a solicitor as you said its too far down the line? she said I will need to prepare a statement for the appeal can this be done myself ? do you know and also if you are totally reliant on public funds at this time does this mean there is no chance of a visa ?someone said you need 112 a week to live on if your reliant on benefits where would this come from ? 
Many Thanks


Jo


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## rainbow13 (Aug 22, 2012)

but I am a carers for my 2 sons who have disabilities so I am reliant on benifits at present so how can you make that amount up ?please I have took a solicitor but to be honest she dosent seem very good aaaah I will loose the plot without my husband please help x


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## Crawford (Jan 23, 2011)

rainbow13 said:


> but I am a carers for my 2 sons who have disabilities so I am reliant on benifits at present so how can you make that amount up ?please I have took a solicitor but to be honest she dosent seem very good aaaah I will loose the plot without my husband please help x


Why are you relying totally on public funds? Doesn't your husband contribute to the care of your sons? Does he work in the country he is in currently?


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## rainbow13 (Aug 22, 2012)

*ahem*



Crawford said:


> Why are you relying totally on public funds? Doesn't your husband contribute to the care of your sons? Does he work in the country he is in currently?


I am on public funds because of circumstaces and I had too leave my job after 12 years because we had 4 deaths in the family and my sons autism went through the roof with grief and he couldnt be left with any childcare provider, my husband works yes but its not a great salary as with most jobs in morocco his salary is pooras are most jobs there, by the way my sons are not his children im not solely on pf i do get maintenence , if you are implying I am in any way scrounging you are very wrong I would adore tp go back to work but right now I cannot


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## Crawford (Jan 23, 2011)

rainbow13 said:


> I am on public funds because of circumstaces and I had too leave my job after 12 years because we had 4 deaths in the family and my sons autism went through the roof with grief and he couldnt be left with any childcare provider, my husband works yes but its not a great salary as with most jobs in morocco his salary is pooras are most jobs there, by the way my sons are not his children im not solely on pf i do get maintenence , if you are implying I am in any way scrounging you are very wrong I would adore tp go back to work but right now I cannot


I am just trying to work out why with DLA, carers allowance and maintenance you don't have 112.55 per week after rent and council tax? 

If this is the case, then you are not eligible to sponsor your husband's spouse visa and that is the end of the matter.


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## Joppa (Sep 7, 2009)

You need more than £112.55 with a child to look after. Extra £65.62 I think.


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## rainbow13 (Aug 22, 2012)

*ok*



Crawford said:


> I am just trying to work out why with DLA, carers allowance and maintenance you don't have 112.55 per week after rent and council tax?
> 
> If this is the case, then you are not eligible to sponsor your husband's spouse visa and that is the end of the matter.


yes I do have that amount left over Crawford you do not seem to have much empathy for my situation I am not in this position through choice I am exsempt from the financial requirement so where do you get this information that I need this amount left over ? I really wish I was in a better position but this is my life My kids come first obviously


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## rainbow13 (Aug 22, 2012)

Crawford said:


> I am just trying to work out why with DLA, carers allowance and maintenance you don't have 112.55 per week after rent and council tax?
> 
> If this is the case, then you are not eligible to sponsor your husband's spouse visa and that is the end of the matter.


so You are saying that If I dont hit that amount I cannot have my Husband here ? surely I have a right to a family life and how is this my fault? my situation is my situation not through choice it all seems very black and white with no grey areas


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## cc9 (Oct 29, 2012)

Unfortunately many of us are separated from our partners because of the rules. All I can suggest is you do lots of research, find out the exact requirements you need to meet and then start to work towards meeting them.
Good luck


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## Crawford (Jan 23, 2011)

rainbow13 said:


> so You are saying that If I dont hit that amount I cannot have my Husband here ? surely I have a right to a family life and how is this my fault? my situation is my situation not through choice it all seems very black and white with no grey areas


No-one is saying anything about fault. 

The situation is that for you to sponsor your husband to move to the UK you need to have a certain amount of money available for you to support him. The only people to have a right to live in the UK are UK citizens.

There is no guarantee that he is going to get a job in the near future, so you need to have monies to feed, cloth and provide a roof over his head. 

This is no different to a US citizen or a French person wishing to sponsor their spouse to live with them in the US or France - each country imposes a financial level which the citizen spouse has to attain before they can sponsor their foreign spouse.

If, after rent and council tax you don't have 112.55 left to provide for you, your two children and your husband, then the visa is not available to you.


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## Joppa (Sep 7, 2009)

It's more than £112.55 with two children. Extra £64.99 per child. You can however include all your benefits and tax credits you get.


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