what does the ECO decide on?...re settlement visa to UK

I found the relevant Immigration Rule (I think!)
UK Border Agency | Spouses and civil partners

but I couldn't see any sums of income specified. Perhaps you could post a link here to the section you are referring to & then anyone who wants to could read it and maybe advise accordingly? I'm afraid I have no knowledge as to how they work out what constitutes income.

I looked all over the website and couldn't find any amounts either Lambada. Maybe it's only on the application, not sure.

AnnaC said:

I looked all over the website and couldn't find any amounts either Lambada. Maybe it's only on the application, not sure.

Click to expand...

If that's the case AnnaC then no external person would be in a position to advise the OP. She would have to find this out from her end, either by asking the UK Border Authority, or her MP or consulting a knowledgeable immigration lawyer.

The other alternative would be for someone who has been through the process recently to share their experience on how their spouse's income was calculated.

It could have something to do with claiming tax credits to assist your income. One of the rules of allowing your spouse to come here would be that he would not be able to receive public funds, which includes benefits.

You may want to look into it a bit further, I'm not 100% on this.

At the risk of offending clarkeyl again by offering a considered opinion, let me say I agree with your concerns saskia.

clarkeyl's husband will not be allowed to work for six months after entering the UK I believe, so it will be HER responsibility to fund/sponsor him during that period - the ECO might consider she has insufficient funds to do so without taking some of the financial support she presently receives in tax credits/maintenance etc.

It is not clear from what clarkeyl writes as to whether the 'Child Maintenance' is a Government monthly payment or a payment from the children's father - being MONTHLY, I rather suspect it is from the children's Father. If this IS the case, would not the 'Father' be entitled to stop some of these payments if a new husband entered the family home? Would HE not be expected to take on the financial responsibility for the children? I am NOT sure of the legal situation & therefore clarkeyl should check this out at the same time as the suggestions you made saskia.

It is quite possible that the ECO is aware of the legal implications of 'New Husband into the family home' & has based it's decision accordingly! As a result it would most likely make the SAME decision on re-application & my suggestion would be for clarkeyl to investigate these areas FULLY before re-applying. It would be unwise to spend more money on re-applying if it has no chance of being accepted by ECO.

DON'T shoot the messenger again please clarkeyl - these are constructive thoughts for you to consider. If they are RIGHT, you will have saved yourself some money (enough for another trip out to the DR??). If they are wrong & you DO manage to find a way round the present 'NO' decision, then I shall be delighted for you & pleased that my fears were proved wrong. ~ Grahame.

BushBaby said:

At the risk of offending clarkeyl again by offering a considered opinion, let me say I agree with your concerns saskia.

Click to expand...

I really hope I haven't offended you Clarkeyl, it wasn't my intention.

BushBaby said:

clarkeyl's husband will not be allowed to work for six months after entering the UK I believe, so it will be HER responsibility to fund/sponsor him during that period - the ECO might consider she has insufficient funds to do so without taking some of the financial support she presently receives in tax credits/maintenance etc.

Click to expand...

Your husband will be allowed to work here on arrival if he is granted a spouse visa. Although finding work here is not easy at the moment, so I would allow yourself some time and finances to support him whilst he is looking for a job. Your entitlement to working tax credits and the childcare element will be effected whilst he is living with you and greatly reduced.

BushBaby said:

It is not clear from what clarkeyl writes as to whether the 'Child Maintenance' is a Government monthly payment or a payment from the children's father - being MONTHLY, I rather suspect it is from the children's Father. If this IS the case, would not the 'Father' be entitled to stop some of these payments if a new husband entered the family home? Would HE not be expected to take on the financial responsibility for the children? I am NOT sure of the legal situation & therefore clarkeyl should check this out at the same time as the suggestions you made saskia.

Click to expand...

After around 6 months of him living here in the UK with you, legally, your ex-partner will no longer be required to pay child support (unless he is a nice guy and wants to pay out of his own pocket) as your husband will be seen as part of the family unit. As so he will also be expect to support you and your child/children

I strongly recommend you look into this further, as it may be a case of stopping your claims on working tax credit etc to allow your application to be successful. I know its probably a bit of a financial vicious circle but they really are cracking down on both benefit and immigration laws in the UK right now.

Good luck, hope it all works out in the end

Saskia said:

I really hope I haven't offended you Clarkeyl, it wasn't my intention.

Click to expand...

Perish the thought, Saskia. I suspect BushBaby was referring to something he had said to clarkeyl earlier, not anything you had said. It could be the the OP PMed him and he had replied in a ..........er.........straightforward fashion . Doubtless he'll clarify later.

Lambada is correct sakia, my comment referred to a previous post I had made which (due to it's honest & forthright approach) did not sit well with clarkeyl. Hopefully she has seen the wisdon in what I wrote now in that previous post & will look more kindly on offerings. :cheeky: irate:

Thank you for clearing up the work tax credits & child maintenance questions - it is as I feared that HM's IRS will be keen to reduce her benefits once 'husband' is in the country & living in the 'family home'. If Father of children has the same intentions, then clarkeyl & NEW husband will certainly have their work cut out to make ends meet. I suspect prices in the UK are likely to increase too shortly due to 'The Credit Squeeze'?!!

Please do some SERIOUS checking into these things before re-applying clarkeyl - not only for your sake & that of your new husband, but for your children.

Good Luck ~ Grahame.

Forgive my ignorance on this subject clarkeyl but does an appeal go to a normal JUDICIAL Court for hearing & before an Judicial Judge?? I was under the impression that any appeal is handled via the ECO themselves? Have you instructed a lawyer to serve an appeal against the ECO through the Courts & if so, using what grounds?

You might care to check this point with your OICS advisor just to clear things up - I would be most interested in their reply as I could then use it in advice I pass on to people enquiring here & elsewhere! ~ Grahame.