What to do if Fiance visa is not approved??

[lastlid]

They said that it is a strong application and it would be difficult for the ECO to reject it.

But I just trusted what they said as it was too much for me to really get my head around and just now have had the time to learn about it all and was trying to see if I did actually meet the maintence requirement or not. I thought there was a set amount of weeks at a certain amount of money you had to have etc which I could compare it with so I would know for certain "YES" I do meet the maintenance requirement.

If it is rejected because of the maintenance requirement could I appeal and possibly be successful in arguing that I meet the maintenance requirement?

"Strong" is a strong word. If they were doubtful then I would hope that they wouldn't have used the word "strong".....

[Terpe]

They said that it is a strong application and it would be difficult for the ECO to reject it.....

It's true that the ECO will judge the application as a whole, and generally not refuse on just one marginal area.
But the financial test is a key factor and your application in regard to that is highly marginal.

...I thought there was a set amount of weeks at a certain amount of money you had to have etc which I could compare it with so I would know for certain "YES" I do meet the maintenance requirement...

In principle if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.
Technically the ECO will look to see that you can cover your living expenses without recourse to public funds in the UK for 27 months, if you are applying from outside the UK (24 months from within the UK).
That's more than the 81 weeks indicated in the letter.

...

If it is rejected because of the maintenance requirement could I appeal and possibly be successful in arguing that I meet the maintenance requirement?

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.

I do really hope the ECO looks kindly on the application.

[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

[yellowcloud]

This is what my Lawyer said about my savings

I think your shares can be disregarded as they are not necessarily accessible unless and until they are sold.
The savings are fine in my view but you may need to show the terms of withdrawal from the ISA should it be needed. Five days would be ok for notice of withdrawal as its not lengthy and should be considered as accessible funds.

I can see no reason why (if all evidence is provided) that the matter will not be successful, even in light of previous refusals.

[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?

[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]

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.