What to do if Fiance visa is not approved??

[yellowcloud]

I very much doubt you would be successful. In fact it is the Immigration Tribunal's (courts) that have concluded it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size.

Sorry yellowcloud, not trying to be negative, hurtful or offensive. Just putting the facts as honestly as I can in answer to your concerns.

Thanks for taking the time to awnser that. Need to face the facts that I have almost no chance to get the visa.

If we did appeal we couldn't get new evidence could we? Like if my parents offered financial support on appeal we couldn't submit that could we as it wasn't in the original application?

Have you ever known anyone with less than what I have in terms of Maintenance who has been approved for a visa?

[Terpe]

Strictly speaking new evidence should not be presented, but plenty of folks do and get away with it too.

I have not personally known anyone in recent times to have made application unless they met the financial requirement in some way or other.
As I said, your case is marginal it could easily go either way.
Strictly to the "letter of the law" it's non compliant.

[yellowcloud]

Thanks again,

So annoying that my Lawyer said we met the financial requirement when we didn't and said we should be stressful, I just don't know why she said we met the financial requirement when we didn't :(

I thought there had been others on here who were on Benefits who had less in savings than me who were successful? no?

[yellowcloud]

I very much doubt you would be successful. In fact it is the Immigration Tribunal's (courts) that have concluded it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size.

How about on Human rights grounds on that issue?

[yellowcloud]

Thanks for the replies, very helpful.

So I do or I don't meet the maintenance requirement? If I dont, please could you explain how I dont? Really appreciate it!!!

I've seen less in terms of the number of weeks available funding that has been accepted.

Terpe? Really you have seen less in terms of the number of weeks available funding that has been accepted? Wow well thats very reassuring

[gWaPito]

Yes and no. Currently there is no requirement (rule) about savings.
The key is have a regular amount of income for non-discretional expenditure based on income support levels.

The new financial rules also do not stipulate savings, only gross income.

Its as simple as that...no point in having a shed load of savings coupled with outgoings out stripping your incoming.

[Terpe]

Its as simple as that...no point in having a shed load of savings coupled with outgoings out stripping your incoming.

Well except that under the new rules, UKBA will accept any shortfall in income from the savings you have above £16000

Here's what UKBA say about that.

The amount of cash savings above £16,000 can be counted against any shortfall against the £18,600 income threshold (or the relevant higher figure where a child or children are also being sponsored). This will be done on a basis that either multiplies the amount of the shortfall by 2.5 – the probationary period (30 months or 2.5 years) to be served before the applicant has to apply for further limited leave or for indefinite leave to remain – or, at the indefinite leave to remain stage, is equal to the amount of the shortfall.
For example, where the sponsor and applicant have no income which may be counted towards the financial requirement, £62,500 in cash savings will be required for the financial requirement to be met at the entry clearance/leave to remain stage or at the further leave stage, i.e. the ‘floor’ amount of £16,000, plus 2.5 times the shortfall of £18,600. At the indefinite leave to remain stage, the same couple will require £34,600 in cash savings to meet the financial requirement by that means alone, i.e. the ‘floor’ amount of £16,000, plus the shortfall of £18,600

I'm not sure just how many folks would be taking advantage of that

Now who said money can't buy happiness

[joebloggs]

So not looking good for my application in terms of my Chas ISA.

Is there a particular amount for the FIance Visa I need to have in terms of cash or a certain amount of weeks at a certain amount?

Guess I could still appeal it though if it is rejected?

some people who were on benefits and had no savings managed to get a visa, thou there could be a higher risk of refusal than if you was working and had savings.

[yellowcloud]

some people who were on benefits and had no savings managed to get a visa

Really??? No way!! that makes me realize that my Fiance could still get her visa! ANyone ione on here? I would love to read about them

Can you still appeal if they failed me on the maintenance requirement, terpe was saying if they fail me on the maintenance then it would be very unlikely I would win it on appeal?

[gWaPito]

Well except that under the new rules, UKBA will accept any shortfall in income from the savings you have above £16000

Here's what UKBA say about that.



I'm not sure just how many folks would be taking advantage of that

Now who said money can't buy happiness

I would imagine many will, Terpe...desperate times requires desperate measures.

I, for one can think of a couple of ways to gain short term savings....take some equity out your house or even borrow from family.

[yellowcloud]

In relation to submitting new evidence on appeal

An ECM or Immigration Judge is entitled to look at circumstances / evidence after the date of decision only if they relate to circumstances before or at the time of decision.

There is a distinction to be made between new evidence and additional evidence.

New evidence: New evidence which postdates the decision cannot be considered by the ECM. This evidence should be acknowledged in the Review and the ECM should indicate that this should be used to support a fresh application.

[joebloggs]

because people use to submit new evidence to the appeal court that they didn't send with original app, if they had sent it they would have probably been granted the visa in the first instance.that's what the gov off because judges were ruling in favor of the applicant because of the new evidence.

[lastlid]

In relation to submitting new evidence on appeal

It sounds like your case is marginal, from what's being said. Be prepared for it to go either way. May well depend on which ECO you get and the mood they are in that day...

[lastlid]

Having said that, check out this interesting post. The sponsor is / was a student on benefits. The application was successful. Have a snop around the forum, as there are a few examples of some who have successfully applied and have been on benefits / low income.

http://filipinaroses.com/showthread....t=brian+noreen

[yellowcloud]

Having said that, check out this interesting post. The sponsor is / was a student on benefits. The application was successful. Have a snop around the forum, as there are a few examples of some who have successfully applied and have been on benefits / low income.

Wow thanks for that. But it looks like he had 3rd party support :( Which I didn't have :( I have been looking around for someone who had less finances that me and who was on benefits on the forum who was successful to give me hope, let me know if anyone knows one.

It doesn't look like there is a set amount of finances for someone to have and its just done on merit and how the ECO is feeling on the day.