Still waiting for a decision.....

[Geet1328]

The Home Secretary has announced the changes to the immigration rules. Hopefully this means decision making resumes on applications which have been put on hold.
https://www.gov.uk/government/uploads/s ... ssible.pdf

Thanks for sharing the information!!
But according to the above the implementation will come into practice from 10/08/2017?!?!

[Y123m]

The Home Secretary has announced the changes to the immigration rules. Hopefully this means decision making resumes on applications which have been put on hold.
https://www.gov.uk/government/uploads/s ... ssible.pdf

Thanks for sharing the information!!
But according to the above the implementation will come into practice from 10/08/2017?!?!

The new rules will be implemented from that day onwards but applications should no longer be put on hold. As it states in the document, theres a backlog of 5000 applications which will be cleared.

[maibm]

The Home Secretary has announced the changes to the immigration rules. Hopefully this means decision making resumes on applications which have been put on hold.
https://www.gov.uk/government/uploads/s ... ssible.pdf

Thanks for sharing the information!!
But according to the above the implementation will come into practice from 10/08/2017?!?!

The third document which is an 8 page document and appears to be a high level summary states that at the end of June 5000 applications were on hold under the orders of the Secretary of State.

I get that but why are people who meet the financial criteria also on hold as the document states a temporary hold on decision making in respect of applications which fail to meet the minimum income criteria or leave to remain as a partner or child.

[maibm]

The Home Secretary has announced the changes to the immigration rules. Hopefully this means decision making resumes on applications which have been put on hold.
https://www.gov.uk/government/uploads/s ... ssible.pdf

Thanks for sharing the information!!
But according to the above the implementation will come into practice from 10/08/2017?!?!

The new rules will be implemented from that day onwards but applications should no longer be put on hold. As it states in the document, theres a backlog of 5000 applications which will be cleared.

Sorry I think I was typing whilst you were also posting your response. Thanks for the clarification

[maibm]

It's been nearly 2 months since the status changed to "awaiting a decision" and there seems to be no hint whatsoever of how much longer this is going to take.

I know a few other forum members on here that were on the same status update and would really appreciate if you have had any news in regards to your application?

Hi pixel,

As you know my wife's status updated on that tracker. The application was decided on 13 July so last Thursday. We still haven't had an email to say it's been decided and we've still not had anything from the local visa application office in Lahore saying my wife can come and pick up her passport.

I reckon In shaa Allah she'll be contacted tomorrow regarding the collection of her passport. It what it seems having read the timeline thread

[Geet1328]

The Home Secretary has announced the changes to the immigration rules. Hopefully this means decision making resumes on applications which have been put on hold.
https://www.gov.uk/government/uploads/s ... ssible.pdf

Thanks for sharing the information!!
But according to the above the implementation will come into practice from 10/08/2017?!?!

The new rules will be implemented from that day onwards but applications should no longer be put on hold. As it states in the document, theres a backlog of 5000 applications which will be cleared.

Yes you are right !! So now we can be little hopeful that our application will be considered quickly

[SimonS]

It's been nearly 2 months since the status changed to "awaiting a decision" and there seems to be no hint whatsoever of how much longer this is going to take.

I know a few other forum members on here that were on the same status update and would really appreciate if you have had any news in regards to your application?

Hi pixel,

As you know my wife's status updated on that tracker. The application was decided on 13 July so last Thursday. We still haven't had an email to say it's been decided and we've still not had anything from the local visa application office in Lahore saying my wife can come and pick up her passport.

I reckon In shaa Allah she'll be contacted tomorrow regarding the collection of her passport. It what it seems having read the timeline thread

Exactly the same for me maibm. Decided same day as you but not been asked to collect passport yet. Fingers crossed for tomorrow.........

[maibm]

It's been nearly 2 months since the status changed to "awaiting a decision" and there seems to be no hint whatsoever of how much longer this is going to take.

I know a few other forum members on here that were on the same status update and would really appreciate if you have had any news in regards to your application?

Hi pixel,

As you know my wife's status updated on that tracker. The application was decided on 13 July so last Thursday. We still haven't had an email to say it's been decided and we've still not had anything from the local visa application office in Lahore saying my wife can come and pick up her passport.

I reckon In shaa Allah she'll be contacted tomorrow regarding the collection of her passport. It what it seems having read the timeline thread

Exactly the same for me maibm. Decided same day as you but not been asked to collect passport yet. Fingers crossed for tomorrow.........

Hi Simon,

Did you/your wife receive an email stating the application has been decided?

[levisworkedupon]

After reading the the IMMIGRATION CHANGES one thing is made clear that only those applications which fall for refusal are put on Hold due to not meeting financial threshold especially involving children.

Now million dollar question is What about the applications above 18,600 and where no children exist ?
5000 applications are already in the backlog :/

Can anyone please take advice from their solicitors of its implementation on Ours Scenerio and share here ?

[sat143]

Hi Can someone explain what is the outcome of supreme court judgement ?

[LizzieB]

Hi everyone,

Heres my timeline-

Postal application 20th March 2017

Confirmation of receipt - 23rd March

Biometric - 19th April

Further documents - 19th May

Submitted postal documents - 30th May

Letter complex more time to consider application - 6th June

Online tracker says awaiting a decision since 2nd June.

Nearly 12 weeks. Applying inside UK. My family and I have a holiday planned over a year now and suppose to be leaving the 8th Aug.

[vsab101]

The Home secretary will today respond to the supreme court ruling made on 22 February 2017. I hope this is good news for all of us.

Fingers crossed

http://www.parliament.uk/business/publi ... 20/HCWS95/

Thanks for sharing the info. Hopefully they will clear up the backlog. I never received hold email but has taken about 6 months, but fingers crossed.

[Mehmoods87]

Hi

Spoke to my Solicitor and this is what he text me-

It's really applicable to families with children. It will take effect from 10 august which is when backlog will begin to get cleared. Apart from catching your file up, this should not impact or favour you?!!

Lets just wait & see now.

[Mohsin1987ali]

So guys after reading this report i think we should get ready for a refusal and we will get a right of appeal....after waiting more then 7 months in my case i think that will be outcome.

[levisworkedupon]

So guys after reading this report i think we should get ready for a refusal and we will get a right of appeal....after waiting more then 7 months in my case i think that will be outcome.

First wait for 8 months then refusal then another 9 months for that, and that is still doubtful.

I strongly beleive with your point Mohsin and this is why i am 2 weeks away from a withdrawal.

[SimonS]

It's been nearly 2 months since the status changed to "awaiting a decision" and there seems to be no hint whatsoever of how much longer this is going to take.

I know a few other forum members on here that were on the same status update and would really appreciate if you have had any news in regards to your application?

Hi pixel,

As you know my wife's status updated on that tracker. The application was decided on 13 July so last Thursday. We still haven't had an email to say it's been decided and we've still not had anything from the local visa application office in Lahore saying my wife can come and pick up her passport.

I reckon In shaa Allah she'll be contacted tomorrow regarding the collection of her passport. It what it seems having read the timeline thread

Exactly the same for me maibm. Decided same day as you but not been asked to collect passport yet. Fingers crossed for tomorrow.........

Hi Simon,

Did you/your wife receive an email stating the application has been decided?

Yes. We received the email on Saturday. I got our documents back on Tuesday. Nothing since.

[Geet1328]

So guys after reading this report i think we should get ready for a refusal and we will get a right of appeal....after waiting more then 7 months in my case i think that will be outcome.

First wait for 8 months then refusal then another 9 months for that, and that is still doubtful.

I strongly beleive with your point Mohsin and this is why i am 2 weeks away from a withdrawal.

Am I missing out on something ?!?! Correct me if I'm wrong ... why are we taking it in a negative sense ... it should not effect our applications ... see what it says

"The changes set out in this statement shall take effect from 10 August 2017 and will apply to all decisions made on or after that date."
On and after 10 aug

[Raj86]

Someone please correct me .....
Does this mean all those applications which is on hold
They will start working on it after 10 th of august ?

[maibm]

Hi pixel,

As you know my wife's status updated on that tracker. The application was decided on 13 July so last Thursday. We still haven't had an email to say it's been decided and we've still not had anything from the local visa application office in Lahore saying my wife can come and pick up her passport.

I reckon In shaa Allah she'll be contacted tomorrow regarding the collection of her passport. It what it seems having read the timeline thread

Exactly the same for me maibm. Decided same day as you but not been asked to collect passport yet. Fingers crossed for tomorrow.........

Hi Simon,

Did you/your wife receive an email stating the application has been decided?

Yes. We received the email on Saturday. I got our documents back on Tuesday. Nothing since.

Right, I see. Me nor my wife received an email to say the application has been decided. I only found out when I randomly checked the online tracker after reading your post.

I'm a little twitchy to say the least...

[Y123m]

The changes only affects partners with children who dont meet the income requirement. The only way it affects most people here is that applications that have been put on hold will now be decided as normal.

[elada]

Hi guys,

On 20th of March i applied for a spouse visa within the UK, switching from Student to a Spouse visa. On 31st of March received the letter for the biometrics (submitted on 5th of April). On 3rd of May received a letter saying that they require more documents which i sent them on 12 and on 17 received the complex letter saying that they will reach a decision by 12 July. It's the 20th and still nothing. I have contacted the MP, called the HO and they say that my case is still awaiting for a decision and they can't say for how long this will last.

We fulfil the financial requirement, and my son has and husband both have British passport. On the app form it's says that when the child has British passport (nationality) we should not calculate them on the financial requirement, but even if we do still my husband takes more then 24K.

I don't know what to think, i have to start uni again in September and still i don't have anything.

Is this normal. i mean has anybody any idea for these case, having a child and deporting the mum?

Thank you,

[SimonS]

After reading the the IMMIGRATION CHANGES one thing is made clear that only those applications which fall for refusal are put on Hold due to not meeting financial threshold especially involving children.

Now million dollar question is What about the applications above 18,600 and where no children exist ?
5000 applications are already in the backlog :/

Can anyone please take advice from their solicitors of its implementation on Ours Scenerio and share here ?

I'm not a lawyer, but I think there was another very interesting paragraph in the rule changes which seems to have been missed because it is "hidden in clear view" but I believe it may shed some light on why so many applications were placed on hold

Require the decision-maker, where an application for entry clearance or
leave to remain made or considered under Appendix FM does not
otherwise meet the relevant requirements of the Immigration Rules, to go
on to consider, on the basis of the information provided by the applicant,
whether there are exceptional circumstances which would render refusal of
the application a breach of Article 8 because it would result in
unjustifiably harsh consequences for the applicant or their family. This
brings the test of proportionality under Article 8 into the Rules. That test
was previously applied by the Secretary of State (through guidance) in
considering whether to grant leave outside the Rules on Article 8 grounds.
The substance of the test was upheld by the Supreme Court in Agyarko &
Ikuga v the Secretary for the Home Department [2017] UKSC 11. These
changes mean that the Immigration Rules now provide a complete
framework for the Secretary of State’s consideration on Article 8 grounds
of applications under Appendix FM by a partner, child, parent or adult
dependent relative; and


That would suggest that applications placed on hold also comprise refusals on grounds outside of MIR and children. I know the specific case stated was about illegally over staying and leave to remain. However, the actual judgement was far more wide ranging in its scope.

Could well be that UKV&I were waiting for the guidance on how the rule changes would incorporate legality into refusal on other grounds and preclude appeals under Article 8. This appears to have done just that.

My interpretation is that they are now free to refuse the Visa for any non-compliance with the rules and refuse any right to appeal the decision under Article 8. They are basically taking away the right and grounds to appeal the decision. Sneaky ********

Read paragraph 10 of the supreme court judgment cited above - Agyarko & Ikuga v the Secretary for the Home Department.

As I say, I'm not a lawyer, I could be completely wrong, it's just my interpretation. I know some of you have lawyers, I would ask them to explain to you exactly what the meaning and implication of that paragraph is.

[Misskatie]

After reading the the IMMIGRATION CHANGES one thing is made clear that only those applications which fall for refusal are put on Hold due to not meeting financial threshold especially involving children.

Now million dollar question is What about the applications above 18,600 and where no children exist ?
5000 applications are already in the backlog :/

Can anyone please take advice from their solicitors of its implementation on Ours Scenerio and share here ?

I'm not a lawyer, but I think there was another very interesting paragraph in the rule changes which seems to have been missed because it is "hidden in clear view" but I believe it may shed some light on why so many applications were placed on hold

Require the decision-maker, where an application for entry clearance or
leave to remain made or considered under Appendix FM does not
otherwise meet the relevant requirements of the Immigration Rules, to go
on to consider, on the basis of the information provided by the applicant,
whether there are exceptional circumstances which would render refusal of
the application a breach of Article 8 because it would result in
unjustifiably harsh consequences for the applicant or their family. This
brings the test of proportionality under Article 8 into the Rules. That test
was previously applied by the Secretary of State (through guidance) in
considering whether to grant leave outside the Rules on Article 8 grounds.
The substance of the test was upheld by the Supreme Court in Agyarko &
Ikuga v the Secretary for the Home Department [2017] UKSC 11. These
changes mean that the Immigration Rules now provide a complete
framework for the Secretary of State’s consideration on Article 8 grounds
of applications under Appendix FM by a partner, child, parent or adult
dependent relative; and


That would suggest that applications placed on hold also comprise refusals on grounds outside of MIR and children. I know the specific case stated was about illegally over staying and leave to remain. However, the actual judgement was far more wide ranging in its scope.

Could well be that UKV&I were waiting for the guidance on how the rule changes would incorporate legality into refusal on other grounds and preclude appeals under Article 8. This appears to have done just that.

My interpretation is that they are now free to refuse the Visa for any non-compliance with the rules and refuse any right to appeal the decision under Article 8. They are basically taking away the right and grounds to appeal the decision. Sneaky ********

Read paragraph 10 of the supreme court judgment cited above - Agyarko & Ikuga v the Secretary for the Home Department.

As I say, I'm not a lawyer, I could be completely wrong, it's just my interpretation. I know some of you have lawyers, I would ask them to explain to you exactly what the meaning and implication of that paragraph is.

Interesting. So any application on hold would have originally been refused, but they put then on hold until the Supreme Court ruling was sorted, so they can legally deny them? This worries me, because I'm one of the ones caught up in the hold. No children involved, but I didn't meet the income by wages alone. I used savings for the deficit - but it says in the appendix that this is perfectly acceptable. I'd had the savings for 7 months before my partner made his application.

I'm going to speak to my solicitor tomorrow and see if he can shed some light on this new development

[SimonS]

After reading the the IMMIGRATION CHANGES one thing is made clear that only those applications which fall for refusal are put on Hold due to not meeting financial threshold especially involving children.

Now million dollar question is What about the applications above 18,600 and where no children exist ?
5000 applications are already in the backlog :/

Can anyone please take advice from their solicitors of its implementation on Ours Scenerio and share here ?

I'm not a lawyer, but I think there was another very interesting paragraph in the rule changes which seems to have been missed because it is "hidden in clear view" but I believe it may shed some light on why so many applications were placed on hold

Require the decision-maker, where an application for entry clearance or
leave to remain made or considered under Appendix FM does not
otherwise meet the relevant requirements of the Immigration Rules, to go
on to consider, on the basis of the information provided by the applicant,
whether there are exceptional circumstances which would render refusal of
the application a breach of Article 8 because it would result in
unjustifiably harsh consequences for the applicant or their family. This
brings the test of proportionality under Article 8 into the Rules. That test
was previously applied by the Secretary of State (through guidance) in
considering whether to grant leave outside the Rules on Article 8 grounds.
The substance of the test was upheld by the Supreme Court in Agyarko &
Ikuga v the Secretary for the Home Department [2017] UKSC 11. These
changes mean that the Immigration Rules now provide a complete
framework for the Secretary of State’s consideration on Article 8 grounds
of applications under Appendix FM by a partner, child, parent or adult
dependent relative; and


That would suggest that applications placed on hold also comprise refusals on grounds outside of MIR and children. I know the specific case stated was about illegally over staying and leave to remain. However, the actual judgement was far more wide ranging in its scope.

Could well be that UKV&I were waiting for the guidance on how the rule changes would incorporate legality into refusal on other grounds and preclude appeals under Article 8. This appears to have done just that.

My interpretation is that they are now free to refuse the Visa for any non-compliance with the rules and refuse any right to appeal the decision under Article 8. They are basically taking away the right and grounds to appeal the decision. Sneaky ********

Read paragraph 10 of the supreme court judgment cited above - Agyarko & Ikuga v the Secretary for the Home Department.

As I say, I'm not a lawyer, I could be completely wrong, it's just my interpretation. I know some of you have lawyers, I would ask them to explain to you exactly what the meaning and implication of that paragraph is.

Interesting. So any application on hold would have originally been refused, but they put then on hold until the Supreme Court ruling was sorted, so they can legally deny them? This worries me, because I'm one of the ones caught up in the hold. No children involved, but I didn't meet the income by wages alone. I used savings for the deficit - but it says in the appendix that this is perfectly acceptable. I'd had the savings for 7 months before my partner made his application.

I'm going to speak to my solicitor tomorrow and see if he can shed some light on this new development

It's not my wish to unduly worry anyone Miss Katie and I stop short of concluding "any on hold application is a refusal". I'm not an expert, I just think this part of the statement requires further clarification by legal minds. In my opinion, it is potentially a worrying development. Would be good to share the insight of your solicitor.

[Misskatie]

After reading the the IMMIGRATION CHANGES one thing is made clear that only those applications which fall for refusal are put on Hold due to not meeting financial threshold especially involving children.

Now million dollar question is What about the applications above 18,600 and where no children exist ?
5000 applications are already in the backlog :/

Can anyone please take advice from their solicitors of its implementation on Ours Scenerio and share here ?

I'm not a lawyer, but I think there was another very interesting paragraph in the rule changes which seems to have been missed because it is "hidden in clear view" but I believe it may shed some light on why so many applications were placed on hold

Require the decision-maker, where an application for entry clearance or
leave to remain made or considered under Appendix FM does not
otherwise meet the relevant requirements of the Immigration Rules, to go
on to consider, on the basis of the information provided by the applicant,
whether there are exceptional circumstances which would render refusal of
the application a breach of Article 8 because it would result in
unjustifiably harsh consequences for the applicant or their family. This
brings the test of proportionality under Article 8 into the Rules. That test
was previously applied by the Secretary of State (through guidance) in
considering whether to grant leave outside the Rules on Article 8 grounds.
The substance of the test was upheld by the Supreme Court in Agyarko &
Ikuga v the Secretary for the Home Department [2017] UKSC 11. These
changes mean that the Immigration Rules now provide a complete
framework for the Secretary of State’s consideration on Article 8 grounds
of applications under Appendix FM by a partner, child, parent or adult
dependent relative; and


That would suggest that applications placed on hold also comprise refusals on grounds outside of MIR and children. I know the specific case stated was about illegally over staying and leave to remain. However, the actual judgement was far more wide ranging in its scope.

Could well be that UKV&I were waiting for the guidance on how the rule changes would incorporate legality into refusal on other grounds and preclude appeals under Article 8. This appears to have done just that.

My interpretation is that they are now free to refuse the Visa for any non-compliance with the rules and refuse any right to appeal the decision under Article 8. They are basically taking away the right and grounds to appeal the decision. Sneaky ********

Read paragraph 10 of the supreme court judgment cited above - Agyarko & Ikuga v the Secretary for the Home Department.

As I say, I'm not a lawyer, I could be completely wrong, it's just my interpretation. I know some of you have lawyers, I would ask them to explain to you exactly what the meaning and implication of that paragraph is.

Interesting. So any application on hold would have originally been refused, but they put then on hold until the Supreme Court ruling was sorted, so they can legally deny them? This worries me, because I'm one of the ones caught up in the hold. No children involved, but I didn't meet the income by wages alone. I used savings for the deficit - but it says in the appendix that this is perfectly acceptable. I'd had the savings for 7 months before my partner made his application.

I'm going to speak to my solicitor tomorrow and see if he can shed some light on this new development

It's not my wish to unduly worry anyone Miss Katie and I stop short of concluding "any on hold application is a refusal". I'm not an expert, I just think this part of the statement requires further clarification by legal minds. In my opinion, it is potentially a worrying development. Would be good to share the insight of your solicitor.

I agree it's worrying. But can they Apply these changes to the applications they have? Or will they keep us on hold until August 10th then refuse? This is making me very stressed

My solicitor didn't believe I should have ever been caught up in the hold in the first place, so it certainly will be interesting to hear his thoughts.