Refused visa and appeal after 9 july 2012?

[m-a-r1]

Hi,

Please if someone could answer a question I have I would be grateful.

I am a british citizen and I married outside the country to a non european. I lived with my husband for less than 2 years in his country abroad and now I wish to apply for spouse visa to bring my husband to come live with me in the UK. I have found out today that the new law of £18,600 per year salary will be applied on the 9th july 2012 now my question is

1) can we apply for the spouse visa before the 9th july 2012 even though I am currently not working and neither have a secured accomodation and any savings? (i am aware we will be refused) but we will appeal as I will hopefully secure myself a job, housing and some savings within 6 months time and I wanted to know will we be considered on the current law or the new one which will be applied on 9th july?

will my appeal be considered according to new migration rules or according to current because visa application will be submitted before 9 july?

[Alif1]

If you manage to submit you application before 9th July 2012. Then your application and appeal will be considered under the current (pre 9th july) rules. NOT the new rules which have been announced. Have a look at this thread for more information. http://www.immigrationboards.com/viewtopic.php?t=105363

[m-a-r1]

If you manage to submit you application before 9th July 2012. Then your application and appeal will be considered under the current (pre 9th july) rules. NOT the new rules which have been announced. Have a look at this thread for more information. http://www.immigrationboards.com/viewtopic.php?t=105363

Thank you for the quick response Alif1 much appreciated!

[m-a-r1]

If you manage to submit you application before 9th July 2012. Then your application and appeal will be considered under the current (pre 9th july) rules. NOT the new rules which have been announced. Have a look at this thread for more information. http://www.immigrationboards.com/viewtopic.php?t=105363

sorry i had to edit my message but my partner is non european so does this still apply to us?

[vinny]

Before 9 July 2012 you applied for leave under the rules in force prior to that date, were refused leave but your appeal is allowed on or after 9 July.

If your appeal determination states that the family immigration rules in force before 9 July 2012 were met, those rules will still apply to you from 9 July 2012 and you will be granted leave on that basis. You will continue to be able to extend your leave and apply for settlement under the rules in force on 8 July.
If your appeal against a refusal under other rules (not family) is allowed on or after 9 July 2012 on Article 8 grounds, you will not be granted discretionary leave. You will be granted 30 months’ leave on the new 10 year family route under the new immigration rules.
From October 2013 you will need to pass the Life in the UK test and a B1 level English speaking and listening qualification to qualify for settlement.

[Ali_G]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Implementation
With the exception of paragraphs 6 to 72, 74 to 80, 82, 86, 88 to 90, 93, 97, 98, 100, 102, 103 and 106 the changes set out in this Statement shall take effect on 9 July 2012. Paragraphs 6 to 72, 74 to 80, 82, 86, 88 to 90, 93, 97, 98, 100, 102, 103 and 106 shall take effect on 1 October 2012.

However, if an application for entry clearance, leave to remain or indefinite leave to remain has been made before 9 July 2012 and the application has not been decided, it will be decided in accordance with the rules in force on 8 July 2012.

2 Appendix FM applies to applications made on or after 9 July 2012 as set out in paragraph 91 of this Statement of Changes.

[vinny]

However, note also APL7.5 Post decision evidence.

[Alif1]

If you manage to submit you application before 9th July 2012. Then your application and appeal will be considered under the current (pre 9th july) rules. NOT the new rules which have been announced. Have a look at this thread for more information. http://www.immigrationboards.com/viewtopic.php?t=105363

sorry i had to edit my message but my partner is non european so does this still apply to us?

Yes this still applies to you. It does not matter about your husband being non-european. Apply before the 9th and your husband will be considered under the exisiting rules. But as Vinny pointed out, you will need to be be very careful about the post decision evidence rule in any appeal.

Also remember under the current rules, you can still use third party support for accomodation and maintenance, as part of your application. See http://www.immigrationboards.com/viewtopic.php?t=19136

This thread about documents for spouse visa Morocco, might also be of interest to you. http://www.immigrationboards.com/viewtopic.php?t=75984

Also have a read at this page too, about applying for visa without a job. http://www.immigrationboards.com/viewtopic.php?t=105848

[asim72]

Well, OP has pointed out that she has no job, no saving, no money, no accomodation.

She has clearly mentioned that she wants her husband to apply and expects that application will be refused. Then she wants to appeal the decision, and during the time it takes for appeal to be heard, she thinks she will have a job/savings/etc. Then at the appeal date she intends to submit those proofs and hopes to win the appeal on that basis.

I would say, the plan is bound to fail 100 percent. Just a plain waste of time and money.