Financial Threshold - Advice Needed

[Paragtim]

Hi all,
I am hoping for some advice. My daughter, a filipina now a UK Citizen, went back to the Philippines in March with her baby to have a prolonged Maternity Leave. She has now married (in the Philippines) and is looking to bring her husband to the UK. She has worked since she left school at two Part Time jobs and her combined income from these 2 jobs comes to £17,750.00 which puts her below the threshold of £18,500.
My main question is: Are these thresholds arbitrary or is there a discretionary aspect? Will my daughter be able to apply for a visa for her husband and if so, what are the chances of it being granted.
Other question:-
Using simple math 18600/2000 hours (40 hours per week x 50 weeks) equates to £9.30 per hour. This rules out any employed person on minimum wage from bringing their partner to the UK if these thresholds are fixed. Is this not discrimination?

I look forward to a hopefully helpful solution

Regards

Tim

[Lucapooka]

They are fixed as opposed to being arbitrary. However, if there is a shortfall, savings can stand in lieu.

[menwall]

As the person above said, it's fixed and there is no discretion used. I've read about people who are getting £18,500 (the necessary income is £18,600 with no children involved) who have been turned down from sponsoring a spouse or fiance.

For me it means finding a job which pays over this amount of 18,600 and praying that they don't raise it again, as they apparently will review it again towards the end of this year.

Not sure about the savings route because I haven't read too much, but I think you can count any savings over £16,000 (something like this) towards the 18,600 figure.

Regarding minimum wage, you are right, its difficult if not impossible to act as a sponsor when on minimum wage. I guess that's why there is so much uproar and so many petitions about this figure of £18600. IMO, the rules benefit the already fortunate and places near-impossible obstacles for those less fortunate.

[Khrissy3000]

This immigration policy has been terribly thought out, it does not safeguard the taxpayer, neither is it "fair" for people on low income who have genuinely fallen in love with a non-EU citizen, neither will it reduce sham marriages.
The best policy would be the Labours policy of a "bond" or emergency fund, which can be used in circumstances where the sponsor loses their job.
I earn £17,000pa before tax, I save £500pm, £2000 in saving, mortgage. These rules aren't intended to be fair, this is a right wing policy of damaging peoples lives.

Tories - a party for the rich.

https://www.facebook.com/#!/UniteFamiliesFightForLove

http://ufffl.forumotion.co.uk/

[vinny]

Hi all,
I am looking for some advice for my daughter. She is a Filipino born UK Citizen who has been resident in the UK for 8 years. She obtained her UK Citizenship 2+ years ago.
Last year (March 2012) she returned to the Philippines for a long vacation and during that time she got married. They applied for a visa for her husband to join her in the UK. The visa has been declined on the grounds the my daughter, who has 2 jobs and works in excess of 40 hours per week, does not met the financial requirements of 18,500 pa. In all other aspects the visa requirements have been met (health, English test, etc)

What I am looking to find out is how fixed is this policy and whether it is worth appealing against the decision. Is the fact that my daughter is on minimum wage a factor to bring to the argument - as there is no way any individual can meet the financial requirement who earns this rate of pay (40 hrs per week x £6.20 = £12,400.00 pa).

Does this not therefore impinge on her right to a family life under European Law.

I know that there are issues with visa's for Filipino's as even in my case the Entry clearance Office declined my daughter, who was then under 16, even though the current law gave us the right to bring her here, and I had to appeal that decision.

So to sum up, do the members of the forum believe that we can appeal this decision, with a likelihood of winning or would we just be throwing more money down the toilet.

Looking forward to the forums views.

Regards

[Amber]

This immigration policy has been terribly thought out, it does not safeguard the taxpayer, neither is it "fair" for people on low income who have genuinely fallen in love with a non-EU citizen, neither will it reduce sham marriages.
The best policy would be the Labours policy of a "bond" or emergency fund, which can be used in circumstances where the sponsor loses their job.
I earn £17,000pa before tax, I save £500pm, £2000 in saving, mortgage. These rules aren't intended to be fair, this is a right wing policy of damaging peoples lives.

Tories - a party for the rich.

https://www.facebook.com/#!/UniteFamiliesFightForLove

http://ufffl.forumotion.co.uk/

Indeed they are an utterly useless party commingled with the liberals who are no use nor ornament.

[vinny]

See also A case of tough love.