my visa decision has been put on hold !!! plz help

[lamy]

Hello guys !

Today I received a letter from the UKBA saying that my application falls to be refused solely because you do not meet the income threshold requirements under ........
They asked me to show more evidence in order to qualify under self employment .

And they said a decision on your application has therefore been put on hold until the courts have decided the outcome of the Secretary of state appeal in a legal challenge to the income .........
Your application will be reviewed and a decision on it once the outcome of tge the legal challenge is know. This may not be for several months at least .

In the meantime , if you submit any further information or documents Relating to your circumstances , and/or thise those of your sponsor as they were at the date of your application or in the relevant period prior to that date , this will be considered. If , on the basis of this further information or documents , your application meets all the requirements of the immigration rules , a decision will be taken on your application and it will be granted .

Please guys can you advice me what to do or where from I dhould start ????? I am feelin soooo bad and no one is helping me ..., plz explain to me what this letter mean ? And do I have any chance to get my visa , my husband and I feelin really down any information /advice will be really good

Thank you so much

[feel_love217]

Hi
Sorry to hear that your application has been placed on hold. Could you please confirm which visa category you have applied under ? Have you applied for British citizenship ?

[lamy]

Thank u 4 ur quick reply , much appreciated
I applied for a uk settlement visa to join my husband in the uk

[Casa]

The refusal means your husband doesn't have a high enough income to qualify for your application. It hasn't been refused as such, it's been put on hold awaiting a court decision on the financial ruling. How much does your husband earn a year?

[lamy]

18 600 a year

[Wanderer]

18 600 a year

What exactly? Seems a bit odd....

Anyway, is that after self-employment expenses or before?

[lamy]

Befor ... what u think we should do plz
They said we need some documents and they name'em around 7 new documents ..is it possible if my husband send'em him self from uk ..to the adress on the letter with the reference number ???

[Wanderer]

Befor ... what u think we should do plz
They said we need some documents and they name'em around 7 new documents ..is it possible if my husband send'em him self from uk ..to the adress on the letter with the reference number ???

That's the issue then, if self employed you have to subtract the self employed costs to arrive at the figure considered for the application.

If 18,600 is the figure before self employment expenses are subtracted then it's not enough.

[lamy]

Iam not quiet sure I didn't understand what u mean by befor or after I ll answer u later after I speak to my husband
Thx loads

[MPH80]

The point being made is that the amount a self employed person needs to show themselves earning is after their business expenses.

Look at it this way - if the company earns £18,600 - but the company spends £1000 on a new computer - then the individual can only earn £17,600 at most - below the threshold.

Indeed - the company might earn £1,000,000 - but if the company expenses are £999,999 - then the individual can only earn £1.

So if your husband submitted that his company earns £18,600 before company expenses - then you/he almost certainly don't meet the financial requirements.

[Ayaz Khan Khalil]

Hello. MPH80 ,
I have also a query but dont know how to directly ask u so that is can i post my question here as well my question is about Finical Requirement 7A, which we filled by mistake rather then 7B.

My wife is with me in Uk since 2008 I have applied for my wife FLRM by post but now realise that i made a big mistake while filling the form i filled section 7A, while it clearly states on application that,

SECTION 7A - FINANCIAL REQUIREMENT
If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A,Proceed to 7B MAINTENANCE.

So my question is that what will happen now will my wife application will be refused, i went to see one the solicitor today and he told me that Case worker may also think that i try to deceive him , I am very very worried now to what will happen to our application please advice me i will be very thankful.

[lamy]

Please can u jus make it clear for me the letter I received that sayin the division has been put on hold and they asked for more documents according my sponsor income. Or Its refused ... my passport and all the documents I submitted with my application too ...

Iam feeling really down ...dunno what to do ,
Why I can't be with my husband
please advice me what to do

[MPH80]

Please can u jus make it clear for me the letter I received that sayin the division has been put on hold and they asked for more documents according my sponsor income. Or Its refused ... my passport and all the documents I submitted with my application too ...

Iam feeling really down ...dunno what to do ,
Why I can't be with my husband
please advice me what to do

It isn't refused and I think I've given quite a clear explanation of why you've failed the financial requirements (based on what you've told us).

The reason it isn't a simple refusal is that there is currently a case going through the courts which is contesting the financial requirements on this type of visa. As such, any spouse visa which fails to meet the financial requirements ONLY is being put on hold until after the court case is resolved - after which the home office will conclude the visa applications.

However, while a judgement is due in the current round of the court case this Friday - the reality is that the case will be appealed and the case will be referred to the Supreme Court. Which means we have months more of waiting before knowing the outcome of the case. It may be well into next year before we have any progress - and then there'll be the backlog of applications for the Home Office to work through.

So - you have 3 options:

1) Withdraw your application and find somewhere else to reside as a couple - e.g. another EU country perhaps.
2) Leave the application on hold and await the judgement - which may be next year as I said - and may still result in a refusal for you
3) Provide the Home Office with evidence - as they've requested - that actually you DO meet the financial requirements - but you can't do this unless you actually do meet the requirements, which it isn't clear you do.

[MPH80]

Hello. MPH80 ,
I have also a query but dont know how to directly ask u so that is can i post my question here as well my question is about Finical Requirement 7A, which we filled by mistake rather then 7B.

My wife is with me in Uk since 2008 I have applied for my wife FLRM by post but now realise that i made a big mistake while filling the form i filled section 7A, while it clearly states on application that,

SECTION 7A - FINANCIAL REQUIREMENT
If you were granted leave to enter or remain as a partner following an application made before the 9th July 2012 you are not required to complete section 7A,Proceed to 7B MAINTENANCE.

So my question is that what will happen now will my wife application will be refused, i went to see one the solicitor today and he told me that Case worker may also think that i try to deceive him , I am very very worried now to what will happen to our application please advice me i will be very thankful.

Please re-post this in another thread. Don't hijack this one.

To be clear - I don't know the answer.

[lamy]

Thank you so much MPH80
Jus spoke to my husband and hes goin to see his lawyer and the accountant tomorrow morning and see what they say as well .

The Apeal will take a long time !! Next year u said thats too much ... dunno wich option is the best 4 me ??? What u think ?

I want to ask u some thg ? Can u gimme ur email adress if it possible of course !!!

It will be easy 4 me plzzz
Iam sorry to be a headache .....
Your help is much appreciated

[MPH80]

Thank you so much MPH80
Jus spoke to my husband and hes goin to see his lawyer and the accountant tomorrow morning and see what they say as well .

The Apeal will take a long time !! Next year u said thats too much ... dunno wich option is the best 4 me ??? What u think

Only you can make that judgement call. You know your circumstances - not us.

I want to ask u some thg ? Can u gimme ur email adress if it possible of course !!!

It will be easy 4 me plzzz
Iam sorry to be a headache .....
Your help is much appreciated

I'm sorry - but no. I'm not a legal advisor - I'm just an interested amateur who went through it with his wife and this isn't my day job.

I just assist where I can via the forums.

[lamy]

Ok I understand , will have to wait till tomorrow and see what his lawyer and the accountant will say ... I ll post any updates ...
Thx once again

[Funky marky]

Hi Iamy,

My wife and I also received the same letter dated 22/05/14. We did meet some of the financial requirements but didn't send the letter from my employer at the time of the application. I posted this in my own thread.

Anyway we did send the evidence back it should have been received on 02/06/14. Our application is still on hold.

However the court appeal has gone through now it was decided on 11th or 12th July. The guidelines still remain so you or your husband should submit any evidence they require if you can.

If you do this as soon as possible, According to the news story the applications that were on hold pending this court ruling will start finding out the decisions anytime on or after 28/07/14.

My wife and I have approached our local MP as her visa runs out on August 9th in the country she applied from, so we have to either ensure our evidence was received and our decision will come through in time or get our passport back, which we had been advised previously would cancel our application. We really hope for positive news in the next few days.

I can understand its a very tough situation and the enquiry service is not very helpful either. I wish you all the best and hope that our experience helps a bit decide your next step.

[lamy]

Hi funky marky
Thx loads for ur kind answer , today my husband got all the new documents they asked for exactly as they requested...from his accountant so tomorrow he will post them to the adress on the top of the letter ...

Hope it will arrive in time ,
Did u hear anything from then after u sent the documents missing ???

I hope u guys willl hear some good news ...
Plz keep me update ...u know h9w does it feel ...any information, help, advice will be much appreciated

Best of luck to u guys

[Funky marky]

Hi Iamy,
No we didn't receive any notification to say they received our letter and evidence and the enquiry service couldn't tell us either. Only they were waiting information but who from they couldn't say.

Even though I advised what happens if the letter didn't arrive, will they ask again for it? They said they should ask for it but it was not clear.
That's the most frustrating thing and it wasn't clear how to get my wife's passport back either as the letter said to write to an email address to request it while the application was on hold which isn't a valid email address.

Hopefully you will receive a reply or acknowledgement as you are going through a lawyer they maybe able to ask for updates on your behalf and speed up the process for you, best of luck

[lamy]

Hi funky

I really hope u hear or u receive something from'em very soon , as 4 ur wife's passport , I think u lp be able to get it back from her visa application center/embassy ... she need to contact'em and she can get it , while the visa process still on hold .... , if u don mind me askin , wich country she applied from ,

My husband's lawyer will send everything today , hopefully he can ask or even speed up the process ...becuz this distance & waitin is doin my husband & I headin tbh !!!!

But what can we do all, jus to wait & be patient ...
It's worth it

Hope it won't take long , and wish u all da best

[Funky marky]

Thanks Iamy we hope so too this week we hope to hear good news. All I want as a minimum is her not to be stuck without her passport and illegal in the country she is in now, which is Norway.

The ultimate is the visa is approved obviously and she can come home with me when I go there on Thursday.

She has spoken to her embassy and they won't let her have a temporary passport and she can't contact the application centre, the website where she registered in Norway doesn't seem to be linked to her application. Which is another problem we have highlighted as the visa enquiry website pointed us to there for status updates.

Fingers crossed we get good news in the next few days.

By the way here is the news story where it mentions that applications on hold will receive a decision from 28/07/14. I don't know if we will all here at the same time but I would be surprised if we did.

https://www.gov.uk/government/news/home ... -threshold

Keep us updated when you here something and yes we just have to be patient now, it's worth it.

[Funky marky]

Hi Iamy,

We have some good news I received an email from the Visa enquiries email address in our letter they finally replied to my email from 12th July. Advising that my wife's visa was processed yesterday and she should receive her passport and visa in 5-7 days so we just have to wait a little bit longer .

I think contacting our local MP definitely helped in our case we are both very very happy and relieved!

[lamy]

Hi funky
Iam really happy for u guys !!!!
And yes it's only a wee bit more time ...

According to our case my husband accountant made all the papers they asked 4 but he made a mistake !!! And we had to wait to edit it ... as it was holidays last week we had to wait again !!! We felt bad... but what can we do !!!

Hopefully now will send the documents in time ...
Do they have a specific date to stop receiving the evidance ??

All we can do is WAIT ...inshallah every thing will be aw right !

Plz lemme know the updates plz
In sha allah u ll hear the greatest news very soon

[Indiangirl19]

Hiya I m in same situation,
My husbands application on hold, he applied last year in November, though I do meet income requirement still application is on hold,

I requested home office that I can show p60 etc ..
They said send it by courier to mumbai. Which I just did last month on 15th,
Stil waiting for their reply..


Anyone knows how long it will take??
Really stressful time for us


Thankss..