# Visa on hold!



## lfc85 (Dec 16, 2013)

Hi, my wife has applied for a British spouse visa 2.5 months ago and today she got an answer.\
Her visa has been put on hold as i do not meet financial criteria.

At the moment i am on 9.00 pounds an hour and i do 37.5 hrs a week.
My employer has assured me that he will increase my hourly rate to 9.60 an hour in the next few days.
I just wanted to know what's the period of time that i need to be on this new rate before i can submit my new payslips so that the decision can be changed.
Do i need to be on this new rate for the next 6 months before i can submit new payslips or is a month or two enough?


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## nyclon (Apr 3, 2011)

You didn't make enough to meet the financial requirement of £18,600/year. Your application was put on hold pending the outcome of a court case challenging the amount of the financial requirement. You can't submit new evidence but you can submit a new application with new evidence once you have been working 6 months at the new rate with 6 monthly pay slips of £1550/month. Of course you will have to pay the fee again.


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## angela2014 (Jan 13, 2014)

* (£1550/*month*) of course. just correcting the typo. sure you got that, though. best of luck


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## nyclon (Apr 3, 2011)

angela2014 said:


> * (£1550/*month*) of course. just correcting the typo. sure you got that, though. best of luck


Thanks. Fixed it.


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## lfc85 (Dec 16, 2013)

What if i was given a letter by my employer which would guarantee my earnings to go up to the required level, would that make them change their decision? Or if i was given a pay raise, would i have to have been working on this new rate for 6 months? Any chance if i was to resubmit a new payslip with the new and improved rate after just a month?


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## nyclon (Apr 3, 2011)

lfc85 said:


> What if i was given a letter by my employer which would guarantee my earnings to go up to the required level, would that make them change their decision?


No. You didn't meet the requirement when you applied. Promises of future earnings have no impact. You have to be meeting the financial requirement when you apply, not some time in the future.



> Or if i was given a pay raise, would i have to have been working on this new rate for 6 months?


Yes. As I have already indicated, you will need to earn the required amount for 6 months and then you can reapply.



> Any chance if i was to resubmit a new payslip with the new and improved rate after just a month?


No. You need to reapply in 6 months after you have earned the required amount with 6 months worth of both pay slips and bank statements documenting it.


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## lfc85 (Dec 16, 2013)

Ok, thanks very much for your reply. What if i managed to borrow 62.500 pounds, would that help?


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## nyclon (Apr 3, 2011)

lfc85 said:


> Ok, thanks very much for your reply. What if i managed to borrow 62.500 pounds, would that help?


No. You can be given money as a gift but you can't borrow money to paid back. If someone gave you an unconditional gift of £62,500, you would have to hold it untouched in a bank account for 6 months and then you could reapply.


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## lfc85 (Dec 16, 2013)

nyclon said:


> No. You can be given money as a gift but you can't borrow money to paid back. If someone gave you an unconditional gift of £62,500, you would have to hold it untouched in a bank account for 6 months and then you could reapply.



Ok, thanks again for your quick response.
My situation is a bit delicate, because my wife is 4 months pregnant now.......ideally I would want to spend time with her abroad throughout her pregnancy and then re-apply for the visa after she gives birth to our child.
Obviously it's going to be difficult for me to hold my employment position in the UK while I am abroad, so I am thinking of quitting my current job.

Would the next scenario work?
If my brother gave me the money and paid it into my British bank account, would she be able reapply for the visa after she gives birth abroad. Also is the figure of 62.000 pounds going to be enough in that case or not?
Also do I need to be employed in that case or not?


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## nyclon (Apr 3, 2011)

As I said, it has to be an unconditional gift. He will have to write a letter explaining it's a gift which he does not expect to be repaid. You'll need his bank statement showing the money leaving his account. You'll need your bank statement showing the money be deposited as well as 6 months of bank statements. You don't need to be employed if you have the full £62,500 but it must remain untouched for the full 6 months prior to the application. You do not need any additional as long as the child will be British.


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## lfc85 (Dec 16, 2013)

One more question. My wife is 4 months pregnant, if she gives birth abroad then would my income need to be over 22.400 or 18600? I got my british passport 8 yrs ago through an asylum application


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## Joppa (Sep 7, 2009)

lfc85 said:


> One more question. My wife is 4 months pregnant, if she gives birth abroad then would my income need to be over 22.400 or 18600? I got my british passport 8 yrs ago through an asylum application


If you are British otherwise than by descent (which you will be if you obtained your nationality in UK), then the child will be British by descent and won't affect the financial requirement. If the child is born in UK, he/she will be British otherwise than by descent, as you are.


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## lfc85 (Dec 16, 2013)

Ok, thanks again. It's good to know that i won't be needing more than 18600 even if my child is born abroad


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## lfc85 (Dec 16, 2013)

I have another question, my wife at the moment is 4.5 months pregnant and as already mentioned her visa is been put on hold because my income is just below 18600.
My brother has properties abroad, he is willing to give me money 62.500pounds as unconditional gift which i would not have to return to him.
Can i open new bank account abroad in my name in which my brother would pay in this money or does the money have to be transferred to my British account?
My wife is pregnant so i want to temporarily move back abroad and be with her until she gives birth and then after 6 months re-apply for a visa and come back together to the UK
Obviously, by doing this i would lose my job in the UK, however i would have this money in my account which i am hoping would be enough for her to get this visa or not?


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## Joppa (Sep 7, 2009)

Yes, but Home Office will be very sceptical of a large sum of money suddenly appearing in your account and will ask questions. Don't be surprised if they contact your brother and ask for confirmation of the gift, with the warning that if he tells lies, he will be guilty of fraud and be reported to the local police.


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## lfc85 (Dec 16, 2013)

I am still exploring all of my options, so i am not sure what I'll do yet. If i was to stay in my current job for the next six months earning 300 pounds a week gross, how much would i need to have in savings to make up tbe the gap?


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## Joppa (Sep 7, 2009)

300 x 52 = 15600. 18600 - 15600 = 3000. 3000 x 2.5 + 16000 = £23,500, which is what you need.


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## lfc85 (Dec 16, 2013)

Hi again Joppa.........would you following scenario work?

If I went abroad for the next 8 months and obviously in that case i would lose my job here in the UK, to spend time with my wife throughout the pregnancy as her visa is on hold and then after she gives birth abroad, we would apply for a British passport for my child and she could apply for a visitors visa and when she gets to the UK then she can apply for a British spouse visa from the UK, so we can be together in the UK while the application process is going on?


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## nyclon (Apr 3, 2011)

No. It won't work. She can 't change from a visit visa to any other kind of visa from within the UK. She must apply from her normal place of residence.


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## lfc85 (Dec 16, 2013)

Ok, thanks very much on a very swift reply


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## lfc85 (Dec 16, 2013)

What if I temporarily decided to move back abroad for the next 8 months and in the mean time the home office changes the income requirements to maybe 16.000 a year or maybe allows for maybe my father's income to be taken into consideration too........would they in that case automatically grant her a visa as our current application is on hold or would we have to resubmit a brand new application?


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## Crawford (Jan 23, 2011)

lfc85 said:


> What if I temporarily decided to move back abroad for the next 8 months and in the mean time the home office changes the income requirements to maybe 16.000 a year or maybe allows for maybe my father's income to be taken into consideration too........would they in that case automatically grant her a visa as our current application is on hold or would we have to resubmit a brand new application?


Your father's income won't be taken into consideration. It's YOUR income, and your's alone, which counts.

I would have thought that if you leave your current job to go abroad then you would need to submit a new application as your circumstances have changed and you no longer have the current job and income in order to support your wife.

Also, if you leave the current job then you would need to obtain a new one when returning to the UK and under current immigration rules you would need to hold that for 6 months (and earning over 18,600 per annum) before applying for a new visa.

There is no certainty that the current level of 18,600 will be reduced and there is no certain timescale in which any decision will be made.

While it is bad planning for your wife to be pregnant at this stage of the visa application what you are contemplating is only going to make matters worse.


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## lfc85 (Dec 16, 2013)

OK, I am still undecided as I have no idea what the best option is for me because I want to be there for my wife throughout her pregnancy...

The most likely option for me at this moment would be to carry one with my current job in the UK, gross income is 300 pounds a week, however it would be slightly less than that because i will ask my employer to finish early every Friday and fly abroad on Friday and come back on Sunday evening.
This way I;ll be doing 32hrs a week and getting 288 pounds a week, however my brother would be able to give me around £26.000 which i would keep in my account for 6 months before re-applying

The only thing that worries is the fact that i get paid weekly and when i do not work i do not get paid and my wife is due to give birth begining of October, so if i go abroad in October for 2 weeks that's going to affect my earnings as there is going to be a gap with my payslips, i wont be getting any income for the time that i am abroad..........is that going to be a problem?


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## Joppa (Sep 7, 2009)

Only if as a result of it you don't meet the financial requirement.


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## lfc85 (Dec 16, 2013)

Yeah, that's what worries me the most.............so if lets say i get the money into my account next week........i'd be able to re-apply for the visa in six months (end of october) 

The only thing that worries me is when they go through my payslips they will say that 2 pay slips will be missing because my wife is due to give birth begining of october...........i have no idea what to do?
Does that count against me? Because i wont be getting paid while away and not working for those two weeks


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## Joppa (Sep 7, 2009)

No it doesn't matter PROVIDED even without being paid for two weeks you are still on course to earn £18,600 a year.


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## helpmeplz (Sep 23, 2013)

Joppa just thought I'd add something which you probably know more about then myself. IF a payslip is missing doesn't the ECO consider the sponsor not being in continuous employment? I say this because some people I have spoken to online have gone to visit their spouses abroad, without being paid holiday pay. And because of this, ECO's have said they were not in constant employment. Just thought I'd add that here for some clarification.


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## lfc85 (Dec 16, 2013)

Thanks for your contribution to my post.............well during my time off i would be getting holiday pay ....Is that ok?


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## helpmeplz (Sep 23, 2013)

lfc85 said:


> Thanks for your contribution to my post.............well during my time off i would be getting holiday pay ....Is that ok?


You stated before that you would not be getting paid for those 2 weeks that you will take off to see your wife, during the month of october? 

If you are getting paid holiday pay for those 2 weeks, you should have nothing to worry about.


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## lfc85 (Dec 16, 2013)

No sorry, my mistake..........my pay slips would state holiday pay and no worked hours for them 2 weeks...........so basically, i would be getting paid


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## lfc85 (Dec 16, 2013)

If i decide to open a new account abroad and have the money in euros is that ok?

Also does all the money have to be in one account?
Can i let's say have a certain amount in my british bank account and the rest in a foreign bank account which is also in my name?


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## Joppa (Sep 7, 2009)

Yes fine. But any savings not in sterling will be converted using sterling spot rate for the date of application, which can be either more or less than what it's now. Experts think that sterling, because of favourable state of economy in UK, will continue to rise. Some are predicting it will be around 5% higher later in 2014 against euro (around £0.79 per euro or 1.26 euro per pound) so bear this in mind.
Money can be in multiple accounts in UK or abroad, provided they all have instant access with or without penalty.


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## lfc85 (Dec 16, 2013)

It looks as though my company will offer me 18600 a year, so we are going to reapply in 6 months time as I've been told that 18600 is still enough even if you are brining over your wife and son, however I am not sure why some people say that 22400 is needed if you have to support a wife and child?


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## Joppa (Sep 7, 2009)

If your son is British, there's no increase in requirement, but non-EEA child attracts extra £3800.


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## lfc85 (Dec 16, 2013)

Ok, that's good to know........so when my child is born abroad i will apply for him to get a british passport from abroad and when he gets one he;ll be able to come over with my wife and i won;t need more than 18600 a year


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## lfc85 (Dec 16, 2013)

So, when my child is born abroad do we then apply for his passport first and once he gets his british passport we apply for my wife's visa or can it be done at the same time or not?


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## lfc85 (Dec 16, 2013)

..?


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## Joppa (Sep 7, 2009)

Visa application and passport application are two different things. You can try to do both at the same time, but there is no way of knowing when you will get either.
I take it you are British otherwise than by descent, e.g. born in UK?


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## lfc85 (Dec 16, 2013)

No , i was not born in UK. I came to the UK in 1999, applied for asylum.......got my citizenship in 2006 and my passport in 2007


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## Joppa (Sep 7, 2009)

So you are British otherwise than by descent, and your children wherever they are born will be British (by descent).


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## lfc85 (Dec 16, 2013)

Ok, that's perfect. So £18600 will be enough to bring over my wife and a kid?


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