Visa On Hold (how long should we wait?)

[dontgiveuponme]

Hello Everyone,

I needed some advice bout our visa problem..Me and my fiancee tried a fiancee visa last year October. Then we received the result saying its on hold because he didnt meet the financial requirement of 18,600 pounds income a year. We are together for 3 years now and both 25 years old. We are having problem with our relationship because of the visa problem. Seems like he is giving up and hopeless and it really hurts me coz we've come too far already to give up.. Any advice what we can do and how long do we need to wait and any of people here have the same problem but they get their visa at the end?

Any advice will be much appreciated

[cherrieclifford]

Thats very sad to hear. For sure our good friends here will write back to u soon to help you with your questions.

"If you fall behind, run faster. Never give up, never surrender, and rise up against the odds".
--Jesse Jackson

[Terpe]

Hello Everyone,

I needed some advice bout our visa problem..Me and my fiancee tried a fiancee visa last year October. Then we received the result saying its on hold because he didnt meet the financial requirement of 18,600 pounds income a year. We are together for 3 years now and both 25 years old. We are having problem with our relationship because of the visa problem. Seems like he is giving up and hopeless and it really hurts me coz we've come too far already to give up.. Any advice what we can do and how long do we need to wait and any of people here have the same problem but they get their visa at the end?

Any advice will be much appreciated

Hi there, welcome aboard Filipino UK

UK Family Immigration Rules require a minimum income of £18,600 to be met by applications from those applying to settle in the UK with their British or settled partner.

I'm sure you know, that the reason your application was not refused but was instead put 'on hold' is due to a current legal challenge against the Home Office on the question of this income threshold level.
The Home Office lodged an appeal against the 5 July 2013 High Court judgment against them and the High Court decision is still under consideration.

The latest data I have (Dec 2013) states that settlement route visa applications made outside of UK and currently on-hold stands at 2,628 cases with FLR cases standing at 386 cases.

To be frank I personally do not see any final determination from the legal process any time soon.
Whatever the court judgment will be it's seems certain that the losing side will then appeal to the Supreme Court. In this case there will be yet another on-hold waiting period of a minimum of 6 months for the Supreme court process to get going and even make a start let alone formulate a final determination

I wouldn't want to bet this case will get decided until after the General Election 2015

If your Fiance can meet the Financial Requirement my advice would be to withdraw your current application, forgo any refund of fees and make a new application.
Application on-hold are those where any refusal would be solely because the Financial Requirement rules of minimum income were not met.....means the rest of your application was fully compliant at that time.

Here's what UKVI state:-

If your application is currently on hold and you want to withdraw it, you may do so. UKVI will not refund your application fee.

If you applied outside the UK and, while your application remains on hold, you want to request the return of your passport to travel, you can do so by contacting your visa application centre.

[dontgiveuponme]

Thanks for the advice guys..and i do some searching earlier and it said that all visa that failed to meet the income requirement is still on hold while the hearing is not yet over. I'm not sure if he can afford another application since he keeps coming here every 6 months..This visa problems is making him really depressed and now hes telling me our life is on hold and its unfair we cant be properly together..We even had a break up last January coz of him being too stressed..I dont know what other options we can do..and it's impossible he can live here in the Philippines coz he cant find a job..But I'll say hes doing good compare to people his age to be able to come here twice a year and to stay 6 to 8 weeks.

[dontgiveuponme]

Thanks for the advice guys and yes ive been reading bout the income threshold hearing and seems like it we need to wait for a long time and its still on hold till the matters will be clarified. I can wait but I'm scared my fiancee cant :( hes too stressed about it and blaming himself for not meeting the financial requirements to the point he become distant and cold :(...He had an income of 21k last year but we never thought not including expenses and he comes here twice a year and stay for 6 to 8 weeks so I'll say hes only 25 but he is very stable and can support me but its just UKBA thats very strict. I can't think of any other options aside from this I'm afraid we cant afford to get a new application yet..I'm trying to be strong and hopefully a good news will be heard soon :(

[Terpe]

.....I can't think of any other options aside from this I'm afraid we cant afford to get a new application yet..I'm trying to be strong and hopefully a good news will be heard soon :(

There is another option that many folks have taken, you both could too.
I'm not going to suggest it's an easy alternative and to be honest the UK government are trying to make it more and more difficult, but at least it's a good alternative and one which you'll be taking together as a couple.

It's commonly called the EEA route (also known as Surinder Singh route)

The basis of this option rests on EU Regulations of Free Movement.

Please click on this link called Free movement for EU citizens and their non-EU family members

There's not a lot to read and most is explained early on. I include this just to give you a basis on the regulation.

You'll need to decide which EU country you want to go to and also how to support yourself. Might be better to consider those countries where English is widely spoken (eg Ireland)

Getting settlement entry to an EU country (outside of UK) for the non-EEA spouse of a British citizen is not too difficult and has some very attractive advantages such as having little overall cost and quite a fast 'application-to-decision' time.

Please do note that before you can exploit this opportunity you will need to be married

Once your husband has 'established' himself in another EU country those rights can be extended to you'll be able to apply for a visa to join or accompany him.
I wouldn't suggest doing this without accommodation and finance as it could get quite expensive to live until your husband secures some employment.

There's still some significant rules to comply with though before you'll be able to secure entry clearance to the UK and also you'll need to be together in your EU country for a significant time.

Firstly, you will need to provide sufficient evidence of actually residing there (your EU country of choice) as a married couple.
Secondly you will need to provide evidence of your husband being either employed or self-employed there.

You can then make an application under European law for a UK Family Permit.
This is essentially free of charge, and free from the onerous conditions set by standard UK Immigration rules (including the financial requirement and English language Test)
You only need to demonstrate that you are married under law and your EEA national husband has been in properly established employment or self-employment.

Now, the question is how long you need to remain in the EU country before coming to the UK.
There are no hard and fast rules, however the UK has recently updated what it's view is. I'll post more on this later if you think it's an option you're interested in, but current best guess is say 6-12 months.

Once you have secured UK entry clearance by way of the UK Family Permit you are free to come to UK and apply for a 5 year Residence Permit.
It's not a legal requirement but I strongly suggest doing it as it helps to formally establish your residency and immigration status
After a 5 year period you'd be eligible for application for Permanent Residence (same as ILR) After 1 year PR you are eligible for application of British Citizenship.

You might find it helpful to click this link on how to Apply for an EEA family permit

I believe this option might appeal to you given your current circumstances. Many UK citizens have taken this path without any problems.

Have a discussion with your fiance about this and think carefully about which EU country would be best for you to use as your 'springboard base'

Hope this helps in you thinking.

Please don't be shy to ask questions about any of the options briefly outlined here.

[gWaPito]

Hi there, dontgiveuponme
Your name reminded me of this lovely song


Back to your problem...You say your bf stays 6 to 8 weeks twice a year...that's up to 4 months, possibly without pay. If he spent that time at work that wld surely make up the wage shortfall.
Sounds much easier than working here and there in strange places just to gain access to the UK

[Jentobeharrison]

Thanks for the advice guys and yes ive been reading bout the income threshold hearing and seems like it we need to wait for a long time and its still on hold till the matters will be clarified. I can wait but I'm scared my fiancee cant :( hes too stressed about it and blaming himself for not meeting the financial requirements to the point he become distant and cold :(...He had an income of 21k last year but we never thought not including expenses and he comes here twice a year and stay for 6 to 8 weeks so I'll say hes only 25 but he is very stable and can support me but its just UKBA thats very strict. I can't think of any other options aside from this I'm afraid we cant afford to get a new application yet..I'm trying to be strong and hopefully a good news will be heard soon :(

I thought I am the only one experiencing this. I 100% know where you are coming from. We are on the same page (visa on hold excluded)

[dontgiveuponme]

Hello guys,

Sorry for the double response thought the first one didnt work.To Terpe im thinking about working in denmark because thats the easiest way for me because my sister was working there before as a housekeepr and cross france after her contract. They said its your employer that will gonna pay for your working visa but of course you will the one to pay for your flight but at least i got somewhere to stay and have a job.The problem is i dont know if my Fiancee can find job there.

To Gwapito nice name btw and the song lol.He is self employed.Before he meet me he is working in a company making furnitures but after the first time he come here to meet me he take some risks leave his job and start his own business as a joiner.Now 2 and a half years its getting better and thats why he can stay here as long as he wants.

[Rosie1958]

.............You say your bf stays 6 to 8 weeks twice a year...that's up to 4 months, possibly without pay. If he spent that time at work that wld surely make up the wage shortfall.
Sounds much easier than working here and there in strange places just to gain access to the UK

From what's been said, I agree with you Gwapito. If dontgiveuponme's boyfriend had the work available and spent less time in Philippines, then he could potentially boost his annual self employed income/profit to the level required ...... problem solved.

[joebloggs]

from the 11th March this year
Spouse visa minimum income case heard last week

The judges heard argument over two days and did not give a decision there and then. The timescale for a decision is unknown but is likely to be weeks rather than months.

http://www.freemovement.org.uk/spous...ard-last-week/

with a bit of luck there could be a decision soon, thou i agree with Terpe the gov will probably drag this out, not wanting the negative press til after the next election, a year away

it saddens me , people are posting more frequently now on here that because of a delay they are prepared to give up on the one they want to marry and spend the rest of their life with, ( i waited years for my wife to come to the UK, thou for different reasons, but we never once mentioned giving up )

just hold on or make a change , and good luck
good choice of song gWapito

[jake]

it saddens me , people are posting more frequently now on here that because of a delay they are prepared to give up on the one they want to marry and spend the rest of their life with, ( i waited years for my wife to come to the UK, thou for different reasons, but we never once mentioned giving up

[Iani]

I am not an expert, and anything I say here must be considered an outside opinion at best, but what I don't understand is - you say your man earned 21k last year. He is also self employed.
Well presumably he has an accountant to handle his finances. 21k is well above the income requirement.

Could he not then, get his accountant to draw up the necessary proofs of his income, withdraw the current application - yes it means losing the best part of £900, this isn't something to be taken lightly. Then put in a new application giving this financial requirement meeting evidence - as this is the only thing the previous one failed under. I would however suggest he finds a decent solicitor to go over the application to check it's watertight against the current rules (As it involves self employment, this isn't as straightforward I'm guessing as an employed person able to produce wageslips and employers letters). This of course would be another couple of hundred pounds for the solicitor, ish.

Yes this proves a bit pricier, but otherwise, this appeal is going to string out over a couple of years with no guarantee it would be overturned, in fact it could well go up.

To pay for that, he could cancel one of his planned trips over which would easily cover the cost. He won't like that of course, but think of it this way - cancel one trip and in return in 2 months you might have the ability to be together and make future trips not necessary.

IF of course I'm not overlooking something obvious.

But like I said, I could be way off the mark here

[sheriel]

Happy Sunday

[dontgiveuponme]

Thanks for the advice everyone i appreciate it.
@Iani he did make 21k income for a year but with all his expenses for the whole including the time he comes here whats left on his money is less than the income requirement.

But i guess telling him anything atm is useless because hes asking for some space right now and makes me feel hopeless aswell that any time soon everything will gonna be over and we just wasted 3 years of our life..

I'm happy for everyone who beat the odds and very happy with their loved ones.
Happy Sunday everyone

[Iani]

Hi there

As I said, I could be wrong and there are some members here with more knowledge, but the "expenses" thing could be irrelevant.

As long as he earns over the requirement, it doesn't matter if he then has a mortgage, car loan, phone contract..........and it doesn't matter that he spends 1.5k coming to see you twice a year.
That income requirement is £18,600 before tax, before deductions for cost of cauliflowers.

Now if these expenses are say business running costs which affect his earnings, maybe that's relevant.

[SimonH]

Thanks for the advice everyone i appreciate it.
@Iani he did make 21k income for a year but with all his expenses for the whole including the time he comes here whats left on his money is less than the income requirement.

But i guess telling him anything atm is useless because hes asking for some space right now and makes me feel hopeless aswell that any time soon everything will gonna be over and we just wasted 3 years of our life..

I'm happy for everyone who beat the odds and very happy with their loved ones.
Happy Sunday everyone

Reading between the lines here, it may be that as he's self employed and therefore has to fill in a self assessment form for the tax man in many circumstances it's advantageous for him to earn as little as possible.

Catch 22 in this case

[Terpe]

When it comes to Income and The Immigration Rules it's all about Taxable Income
For those who are 'employed' this is gross income on PAYE

Taxable income for Self-Employed is Revenue minus Business Expenses.

If the business accounts show that the person is being taxed on an amount less than £18600 then the application will fall for refusal.

Quite a number of people have slipped up on this.
Sometimes it may be necessary to adjust the business expenses structures and 'tax-breaks' so that taxable income is £18600 or more.

Under 'normal' conditions those Self-Employed are trying to keep taxable income to a minium.
Under Immigration Rules self-employed need to uplift taxable income.

[Arthur Little]

Hello to one of our newest members ( I don't know your actual [Christian] name - only the username you've given) ... and a very warm !

Can I start by saying how saddened I am to read of the predicament in which you and your fiance find yourselves. I feel for you BOTH ... really I do ... and immediately think, "there, but for the Grace of God, go I!

Y'see, like many of my fellow members, I was fortunate in being able to bring my Filipina sweetheart to my homeland several years prior to the implementation of the harsh (and, IMHO, grossly unfair new rulings you're facing now.

Nowadays I doubt if I could manage it financially - despite my State Pension being augmented by a modest one from my former employers - hence the remark, "there but for the Grace ... " at the
end of my second paragraph.

Alas, I cannot offer any easy solutions. Nor can I expand on any of the wise advice my friends have already provided. Instead ... ... I shall simply conclude by wishing you and your loved one all the very best in your efforts to be together.

[Terpe]

....The latest data I have (Dec 2013) states that settlement route visa applications made outside of UK and currently on-hold stands at 2,628 cases with FLR cases standing at 386 cases....

That's a lot of couples whose lives and futures remain 'on-hold' and in the hands of others.

I wonder how many are taking some alternative positive actions.

I can only speak for myself but I'd be doing whatever it takes.

The judicial process will lumber on for some time yet I fear. Sadly

[joebloggs]

its a fraction of the 30,000+ settlement visa's that were issued last year thou. i wonder how many of the 2,600 knew they failed the financial requirement before they applied

[gWaPito]

Visas issued (Before Entry)

There was a 4% increase (to 526,736) in the number of visas issued (excluding visitors and transit visas).


There was a fall of 20% for family-related visas issued (down to 33,747), while grants of permission to
stay permanently increased by 26% (to 59,098).

A rise of 138% in family-related extensions of stay (to 36,752) was in large part due to 14,150 extra extensions recorded under the new Family life (10 year) route that would previously have been recorded as discretionary leave.

https://www.gov.uk/government/public...september-2013

UKIP would soon whittle those numbers down

[joebloggs]

Key facts

In the year ending September 2013, 33,747 family route visas were issued. This is a decrease of 20% compared with the year ending September 2012 (42,146) and is the lowest number of family route visas issued since comparable records began in 2005. There was also a 6% increase in the number of visas issued to other dependants joining or accompanying migrants in the UK (75,260) compared with the previous 12 months (70,741).

The proportion of resolved family route visa applications that were refused was 38%. This compares with 21% in the year ending September 2012.

https://www.gov.uk/government/public...-2013#family-1

In 2013, 33,690 family route visas were issued. This is a decrease of 18% compared with 2012 (40,892) and is the lowest number of family route visas issued since comparable records began in 2005. There was a 9% increase in the number of visas issued to other dependants joining or accompanying migrants in the UK (76,742) compared with the previous 12 months (70,633).

The proportion of resolved family route visa applications that were refused was 34%. This compares with 27% in 2012.

https://www.gov.uk/government/public...-december-2013

well the Tory policies are biting, and they've definitely increased the refusal rate

but at the end of the day most of these are British citizens trying to bring their partner to the UK

[blessed_ekim0826]

How will you know if your application is on hold?

[dontgiveuponme]

Thanks for the added information everyone. Thanks Sir Arthur for welcoming me here .

And to Sir mike they will email you saying its On Hold and explaining why.

[gWaPito]

at the end of the day most of these are British citizens trying to bring their partner to the UK

I dont get that argument

[hawk]

do what i have done get your uk partner to goto ireland you apply for free visa under freedom of eu movement rights work there and live 3 months or more if all is ok you could be back in uk togeather before christmas

[joebloggs]

I dont get that argument

what argument , your telling me they are not British

[Terpe]

do what i have done get your uk partner to goto ireland you apply for free visa under freedom of eu movement rights work there and live 3 months or more if all is ok you could be back in uk togeather before christmas

See my previous reply to you hawk.
Goalposts changed but still doable. Not within 3 months though

[gWaPito]

what argument , your telling me they are not British

I'm talking about the non EEC partners.