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uk spouse visa on hold :(

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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randyjan
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uk spouse visa on hold :(

Post by randyjan » Thu Mar 02, 2017 10:21 pm

Hi I'm new to this website I'm finding it really hard dealing with getting my wife over to the UK as I have no family help
Anyways my situation is me and my wife got married March last year applied for her visa in December this year and she submitted the documents on the 16th December.. Today my wife received this email today

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some settlement applications – in particular, those failing to meet the minimum income threshold for British Citizens and other settled persons sponsoring visa applications, or where children are involved.

The reason for this pause is to enable the Home Office to consider the implications of the judgement. All other applications will continue to be processed and decided as normal.

As a result UKVI is currently unable to process your application and your documents are being returned whilst this pause is in place. If you submitted a passport with your application, this will be returned to you under separate cover through the Visa Application Centre where you applied.

As soon as we are able to conclude the application we will contact you on the email address you provided within your application.



Yours sincerely
UK Visas and Immigration

Has anybody ever come across this does this mean the visa was rejected

Obie
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Re: uk spouse visa on hold :(

Post by Obie » Thu Mar 02, 2017 11:34 pm

This is outrageous.

There is no reason why there should be a delay in processing the application for people who meet the requirements of the rules and have the necessary earning.
Black life matters.

randyjan
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Re: uk spouse visa on hold :(

Post by randyjan » Fri Mar 03, 2017 1:00 am

My last year's p60 stated I earned 24k my basic pay was £18,300 untill about 4 months ago when I became a supervisor now it's nearly 20k a year plus I get overtime I really do not understand why this has happened
Obie wrote:This is outrageous.

There is no reason why there should be a delay in processing the application for people who meet the requirements of the rules and have the necessary earning.

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Casa
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Re: uk spouse visa on hold :(

Post by Casa » Fri Mar 03, 2017 7:50 am

What were your earnings in the 6 month period prior to submitting your wife's application?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

vinny
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Re: uk spouse visa on hold :(

Post by vinny » Fri Mar 03, 2017 10:01 am

Some people are apparently getting confused.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
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Re: uk spouse visa on hold :(

Post by Obie » Fri Mar 03, 2017 10:25 am

They can't hold people to ransom like this. Such act is in itself a breach of Article 8.
Black life matters.

secret.simon
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Re: uk spouse visa on hold :(

Post by secret.simon » Fri Mar 03, 2017 10:46 am

randyjan wrote:My last year's p60 stated I earned 24k my basic pay was £18,300 untill about 4 months ago when I became a supervisor now it's nearly 20k a year plus I get overtime I really do not understand why this has happened
vinny wrote:Some people are apparently getting confused.
In the OP's case, there may be actual grounds of confusion.

I believe (I could be wrong) that if a person is promoted partway through the 6 month period, the lowest salary in that period is taken into account (See Example A on Page 20 of the Appendix FM: Financial Requirements). So, if the OP earned £18,300 at any time in the past six months, that would be the baseline taken, rather than his newer salary as supervisor.

I am not entirely sure of how overtime is accounted for under Category A, because by definition it is variable.

Thence why the case may have been paused.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Re: uk spouse visa on hold :(

Post by vinny » Fri Mar 03, 2017 11:17 am

Well spotted!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

sha373
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Re: uk spouse visa on hold :(

Post by sha373 » Fri Mar 03, 2017 2:45 pm

Sorry for using this thread but i ahve a relavent question

what about those going for court hearing these days , who have been refused for finanical reasons?

randyjan
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Re: uk spouse visa on hold :(

Post by randyjan » Fri Mar 03, 2017 3:33 pm

I understand that but I quoted that I earned 24k every payslip I submitted was over the minimum requirements as I am guaranteed overtime... I will keep this tread updated as it may help some that is in the same situation..

secret.simon wrote:
randyjan wrote:My last year's p60 stated I earned 24k my basic pay was £18,300 untill about 4 months ago when I became a supervisor now it's nearly 20k a year plus I get overtime I really do not understand why this has happened
vinny wrote:Some people are apparently getting confused.
In the OP's case, there may be actual grounds of confusion.

I believe (I could be wrong) that if a person is promoted partway through the 6 month period, the lowest salary in that period is taken into account (See Example A on Page 20 of the Appendix FM: Financial Requirements). So, if the OP earned £18,300 at any time in the past six months, that would be the baseline taken, rather than his newer salary as supervisor.

I am not entirely sure of how overtime is accounted for under Category A, because by definition it is variable.

Thence why the case may have been paused.

randyjan
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Re: uk spouse visa on hold :(

Post by randyjan » Fri Mar 03, 2017 3:38 pm

Every payslip I summited was over £1700 that was with overtime that last few payslips was average £1850
Casa wrote:What were your earnings in the 6 month period prior to submitting your wife's application?

Obie
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Re: uk spouse visa on hold :(

Post by Obie » Fri Mar 03, 2017 7:28 pm

I appreciate that based on the p60 of 24k that you gave, and the explanation you gave that 4 months now you have fixed earning at 20K, i understood that on a balance of probabilities, it is likely that you would have qualified under Category B.
Black life matters.

SAAM2016
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Re: uk spouse visa on hold :(

Post by SAAM2016 » Mon Mar 20, 2017 12:05 am

Hi, I got the same email and I meet the financial requirement. This is really frustrating when they don't give any further information and just spring something like this on us.

Have you heard from them again?

Obie
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Re: uk spouse visa on hold :(

Post by Obie » Mon Mar 20, 2017 12:12 am

May need to write to them to tell them that there is no need to delay the application as the financial requirements are met.
Black life matters.

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seagul
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Re: uk spouse visa on hold :(

Post by seagul » Mon Mar 20, 2017 7:52 am

I think there is confusion among members it's when partly they are on fixed wages but also do the overtime with same employer which make their wages variable. In this situation they more likely come under category A non-salaried person if being employed by same employer for the last 6 months and HO only focuses on the wages figures and if it varies every month then they may have to believe that the person is a non-salaried. However, I also predict that if the wages remain fixed for most of the months during previous 6 months but vary one or two months then they may assume it salaried person and take the lowest salary figure to calculate the yearly income. I think best is to indicate to HO as what route you choosing in covering letter instead leaving on them to choose.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

frazy325
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Re: uk spouse visa on hold :(

Post by frazy325 » Mon Mar 20, 2017 11:34 am

Same thing happened to me, Put my wife application on pause on category F. Its really frustrating, They are not doing the income checking properly as self employment income cant be relied on wages, there is nothing exist in the Financial requirement 1.7 that it should be counted on six month for category F income. When I emailed them it came back with same reply on pause. Has anyone got any luck to convince them about income?

tchindy
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Re: uk spouse visa on hold :(

Post by tchindy » Mon Mar 20, 2017 3:13 pm

Hi there, same thing happened to me. They have sent this email even though I do meet the minimun threshold. From what I have searched online, they seem to have paused the whole lot to attend those applications that have been declined previously

Ddin
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Re: uk spouse visa on hold :(

Post by Ddin » Wed Mar 22, 2017 12:24 am

‏Hi :::it's really disaster !! the same thing happened to me as well i did apply for my wife from Tunisia and i did send All the Documents to sheffield on 1 Feb as Priority Visa Servic but on 17 Feb i did had a cell from home office saying what you're name and your wife plus he said how many hour you do ! i told him im self-employed !! and how long you been in shop and how you do this and this !!! :?: :?: :!: and he said do i have Competencies !!! any way i did have the same email on the 1 Mar your visa on hold !!!!!!! im Certain i meet the requirement i did send All documents showing I'm self-employed .

‏till now i have no idea what to do ! i'm really confused they did send all documents back but they didn't send my wife passports back ! i My Solicitor he said the only thing we can do send thme email ! :roll:

SAAM2016
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Re: uk spouse visa on hold :(

Post by SAAM2016 » Wed Mar 22, 2017 9:31 pm

I got my documents back but there were a few documents missing. And I haven't heard anything further from them either.

ntango17
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Re: uk spouse visa on hold :(

Post by ntango17 » Fri Mar 24, 2017 1:52 pm

randyjan wrote:Hi I'm new to this website I'm finding it really hard dealing with getting my wife over to the UK as I have no family help
Anyways my situation is me and my wife got married March last year applied for her visa in December this year and she submitted the documents on the 16th December.. Today my wife received this email today

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some settlement applications – in particular, those failing to meet the minimum income threshold for British Citizens and other settled persons sponsoring visa applications, or where children are involved.

The reason for this pause is to enable the Home Office to consider the implications of the judgement. All other applications will continue to be processed and decided as normal.

As a result UKVI is currently unable to process your application and your documents are being returned whilst this pause is in place. If you submitted a passport with your application, this will be returned to you under separate cover through the Visa Application Centre where you applied.

As soon as we are able to conclude the application we will contact you on the email address you provided within your application.



Yours sincerely
UK Visas and Immigration

Has anybody ever come across this does this mean the visa was rejected
I have received the same email on 3rd March. Have u received any further updates from UKVI?? when enquiring them about the status update on application they advised me its in PROGRESS for further enquires!!!

Anybody else came across the same situation??

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