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CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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hi hope u can help i married in the usa on the 19 auguest

Resolved Question:

hi hope u can help i married in the usa on the 19 auguest and i had to return to the uk cause of my children my partner is still in the usa waiting for clearances ot come in to the uk there are a few things worrying me iam on benifits the reason being iam a full time carer for my 4 childen who have [email protected] i am also on dla cause of poor health i just had sugery on wenesday for the 14 time with our application i sent in houseing tennancy wich is secured proff of me supporting my partner for the last 2 years plus photos of us in the usa and uk pictuers of him with my kids and a family photo places we have visited photos plus our marriage certifcate and picks of our wedding he does have crimnal conviction but they are now spent he also has fines but are not crinmal convitions my partner sent all his paper work in to newyork but they sent it back cause he did nto include his passport wich he sent it all back straight away they also asked for a small passport pictuer? there also letter from family and friends and one stating from my mum she will support him if she needs to if my benifits are a problem we have a cermony booked over in the uk for jan wich we sent proff of as the local vicor also wrote a letter to confirm this. we have have sent in everything thye have asked but iam still worried it will get refused .. my partner thinks he will be fine just iam very sick at the moment and need my partner here hope u can give me some idea
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 6 years ago.
Can your partner work in the UK? Does he have a job offer or any special skills that would enable him to find work?

If he is not planning to work, did you provide your mum's financial info (eg wage slips, bank statements or pension statements to prove that she has sufficient income to support your husband?
Customer: replied 6 years ago.
yes my partner can work in the uk he told them he was gonna look for work wen he arrived
can rebuild computers and has good IT skills he also wonts to study wen he come to the uk doing a web design brother in law also stated if his bussines took off he would offer him a job so we covered everything
but am still worried he wont get his visa like i said iam realy sick at the mo and need my partner here we have informed ukba that iam sick as well and i have been in hospital i sent proff off all my operation to them from st georges nuro department
Expert:  CharlotteSJ replied 6 years ago.
The only issue you may have if you are not able to support him and you are relying on third party support (your mum or your brother) is whether you have provided sufficient financial information for them upon which the Embassy can make the decision about whether he will be properly maintained. DLA does not count as a 'benefit' in the way that income support does for example but it still may not be high enough to show that you alone can provide for him.

Whether you are successful will depend on whether you included sufficient evidence but if not, you can appeal the decision through the Tribunal. You will have 28 days from the date of decision so make sure you act quickly should the application be refused.

If you need any further guidance, please ask.
Customer: replied 6 years ago.
so he could be refused entry clearance
what are the likely winning on appeal as i wont my husband living with me
Expert:  CharlotteSJ replied 6 years ago.
Your chances of being refused at application and then at appeal depend very much on the evidence provided.

You haven't even had a decision on your application yet so stop worrying for now as there is nothing you can do at this stage.

Once you get a decision, if it is negative (which it may not be) then you can get advice on what to do moving forward. I can't advise you on your prospects of success in an appeal when you haven't even had a refusal to the application and so have no idea what grounds (if any) are being raised by the Embassy.

I know that it's nerve-racking, especially if you're ill but there is nothing you can do right now. Once you get a decision, if it is refused then either post another question on here detailing the grounds of refusal (if you mark it for me, I'll be happy to go through this with you) or go and see an immigration solicitor as they will be able to assist you with your appeal.

For now, stop worrying about things that haven't even happened yet and wait for the decision.

All the best,

CharlotteSJ and other UK Immigration Law Specialists are ready to help you