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what checks and delay

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xzaf
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what checks and delay

Post by xzaf » Sun Sep 08, 2019 10:52 am

Hi

logging for a friend, she (UK citizen) applied spouse visa for husband in Pakistan. She went via adequate maintenance for finance, receiving care allowance, and working part time. The adequate maintenance is met by this and she also had some savings (12K) and added that to boost the application even though it wasn't required. (she meets the requirement in two ways, (care allowance + Job) or (care allowance + Saving).

she married when she was 18 yrs old and no previous marriage or anything else that she can think of that could delay the application. pretty straight forward case...

Its now been 90 working days and still no decision...all the relevant papers were scanned ad uploaded.

anyone know what could delay the application and what checks could be delaying her application? she did receive an email after 60 days not straightforward case.... but that is absurd there is nothing that is not straightforward about this application?

Any ideas please or has anyone went through similar process...

Thanks

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Casa
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Re: what checks and delay

Post by Casa » Sun Sep 08, 2019 11:10 am

Your friend may have complicated the application by including her £12,000 of savings, as the first £16,000 will be dis-regarded. She won't qualify under care + savings.

Also, much depends on which category of care benefits she is claiming in order to qualify under adequate maintenance and the evidence submitted with the application to support this.
(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.

xzaf
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Re: what checks and delay

Post by xzaf » Sun Sep 08, 2019 9:39 pm

Casa wrote:
Sun Sep 08, 2019 11:10 am
Your friend may have complicated the application by including her £12,000 of savings, as the first £16,000 will be dis-regarded. She won't qualify under care + savings.
This does not apply when going through adequate maintenance. This applies when you are going through £18,600 or just the saving route. Any saving that is 6 months old can be put through for adequate maintenance?

if she wont qualify for care+savings but she does qualify for care+Job? how is this complicated?
Also, much depends on which category of care benefits she is claiming in order to qualify under adequate maintenance and the evidence submitted with the application to support this.
what do you mean by category? she gets invalid care allowance and this is confirmed by DWP with a supporting letter and this is a qualifying benefit under adequate maintenance rules?

Thanks

xzaf
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Re: what checks and delay

Post by xzaf » Thu Sep 12, 2019 9:48 pm

any further advise on this please?

adam111
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Re: what checks and delay

Post by adam111 » Thu Sep 12, 2019 10:14 pm

xzaf wrote:
Sun Sep 08, 2019 9:39 pm
Casa wrote:
Sun Sep 08, 2019 11:10 am
Your friend may have complicated the application by including her £12,000 of savings, as the first £16,000 will be dis-regarded. She won't qualify under care + savings.
This does not apply when going through adequate maintenance. This applies when you are going through £18,600 or just the saving route. Any saving that is 6 months old can be put through for adequate maintenance?

if she wont qualify for care+savings but she does qualify for care+Job? how is this complicated?
Also, much depends on which category of care benefits she is claiming in order to qualify under adequate maintenance and the evidence submitted with the application to support this.
what do you mean by category? she gets invalid care allowance and this is confirmed by DWP with a supporting letter and this is a qualifying benefit under adequate maintenance rules?

Thanks
The first £16,000 does count via the "adequate maintenance" route.

"Cash savings can be held in any form of bank/savings account which allows immediate access to the funds (with or without a penalty for withdrawing funds without notice). This can include savings held in a pension savings account which can be immediately withdrawn. For the current requirements as to the cash savings which may be used and the specified evidence which must be provided, decision makers should refer to paragraphs 11 and 11A of
Appendix FM-SE. All cash savings which meet those rules can be counted towards meeting the adequate maintenance requirement and not just those above £16,000 which is the amount above which savings can be counted towards meeting the minimum income threshold."
Last edited by adam111 on Thu Sep 12, 2019 10:18 pm, edited 1 time in total.

adam111
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Re: what checks and delay

Post by adam111 » Thu Sep 12, 2019 10:15 pm

........................

xzaf
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Re: what checks and delay

Post by xzaf » Thu Sep 12, 2019 11:15 pm

i agree... so my questions is what is complicated about the case? she can meet the requirement in one or two ways:

Care Allowance + saving = requirement met and visa should be granted assuming everything else is correct

Job + Care Allowance = requirement met and visa should be granted assuming everything else is correct

She said all the supported documents provided and there is nothing she can think off that could be not straight forward....?

Any advise please?

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seagul
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Re: what checks and delay

Post by seagul » Fri Sep 13, 2019 3:47 am

xzaf wrote:
Thu Sep 12, 2019 11:15 pm
She said all the supported documents provided and there is nothing she can think off that could be not straight forward....?
Nearly everyone says same for their application but UKVI has to carry out various checks which takes time especially over applications from outside the UK.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

xzaf
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Re: what checks and delay

Post by xzaf » Sat Sep 14, 2019 10:27 pm

seagul wrote:
Fri Sep 13, 2019 3:47 am
xzaf wrote:
Thu Sep 12, 2019 11:15 pm
She said all the supported documents provided and there is nothing she can think off that could be not straight forward....?
Nearly everyone says same for their application but UKVI has to carry out various checks which takes time especially over applications from outside the UK.
I understand that they have to carry out checks, but when it goes over from 60 days to now nearly 95 days one begs to question what checks especially when other have had their decision within 60 days.

xzaf
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Re: what checks and delay

Post by xzaf » Sun Sep 22, 2019 1:49 pm

any advise.....

it is now exactly 95 days and still no decision...would it be correct to assume that if HO was going to reject visa then that would have been done within first 60 days?

i can only assume all should be OK and maybe something they waiting checks confirmation on etc.. and in all honesty if they wanted to say no then that would have been done a lot sooner? do you guys agree or has anyone else been in a similar situation..?

does salary increase in last month (August) after application submission in May cause any issues?

Thanks

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CR001
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Re: what checks and delay

Post by CR001 » Sun Sep 22, 2019 1:55 pm

..would it be correct to assume that if HO was going to reject visa then that would have been done within first 60 days?
No it is not a correct assumption. Ho can refuse at any time, it is not just within the 60 days.
does salary increase in last month (August) after application submission in May cause any issues?
Unlikely.

Many have waited more than 90 days, some even a year.your situation is not unique.
Char (CR001 not Casa)
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xzaf
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Re: what checks and delay

Post by xzaf » Sun Sep 22, 2019 2:06 pm

CR001 wrote:
Sun Sep 22, 2019 1:55 pm
..would it be correct to assume that if HO was going to reject visa then that would have been done within first 60 days?
No it is not a correct assumption. Ho can refuse at any time, it is not just within the 60 days.
does salary increase in last month (August) after application submission in May cause any issues?
Unlikely.

Many have waited more than 90 days, some even a year.your situation is not unique.
a year? that's scary timeline...is there anything i can do in meanwhile to speed things up?

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CR001
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Re: what checks and delay

Post by CR001 » Sun Sep 22, 2019 2:09 pm

No, nothing you can do except wait
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