# Spouse visa application on hold



## Nurka (Jan 9, 2014)

Dear all,

Because I'm tired and unhappy with the situation I decided to write you and ask for any advice that you think would help in my case!

I applied for spouse visa on May 13, 2013! I had contact with worldbridge , MP and Warsaw to many times!I have never get any email or call from embassy or responsibility Institutions for my application until I did myself....However last email that I received from Warsaw is :

Apologies in the delay in replying to your email. I have reviewed the additional documents you supplied. From the evidence I have your sponsor, Mr ...., did not earn the required income to meet the financial threshold. In your application you state that you are relying on Mr .... self-employed income from 2011-12 (Category F). Mr .... 2011-12 self-assessment return shows gross income of £8,470 for 2011-12. This falls below the threshold of £18,600.
As stated in the email we sent on 22/08/2013 your application falls to be refused solely because you do not meet the income threshold requirement under Appendix FM and/or the related evidential requirements under Appendix FM-SE.

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State's appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website.

Any advise from you would help me a lot !!!
Thanks a lot


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## Joppa (Sep 7, 2009)

If what they say is true, you didn't meet the financial requirement. So unless you have undeclared employment income from 2011-12 or non-employment income like rent (you can't combine savings with self-employment), you have to wait till you meet the requirement, withdraw your application and re-apply.


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## colleenlord (Jan 22, 2014)

Hi there...so sorry to hear about the troubles in getting the spouse visa. It seems more and more countries are making it HARDER for couples from different countries to go through this process. USA is the same....and heard getting into the UK is really hard. Best of luck and wish I had more to add or could offer solid advice...just hang in there!


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## Nurka (Jan 9, 2014)

Dear Joppa thanks for the quick respond!

We have declare incomes (self assessment) April 2012-April 2013 after I have submit the application ! There is savings from self-employment and from rent too!Do you think it will be consider as part of my application if I'm going to submitted?


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## Joppa (Sep 7, 2009)

You submitted 2011-12 tax return? In order to be reassessed, you need to send in self-employment for 2012-13 tax year. You can't combine savings with self-employment as I have stated. Rent as non-employment income is possible.


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## Nurka (Jan 9, 2014)

Joppa said:


> If what they say is true, you didn't meet the financial requirement. So unless you have undeclared employment income from 2011-12 or non-employment income like rent (you can't combine savings with self-employment), you have to wait till you meet the requirement, withdraw your application and re-apply.


Dear Joppa, I'm planing to withdraw my application which is still on hold(because my passport is blocked for 10 month ), and re-apply again on April 14!

I would kindly ask you to let me know about the procedure !Do I need to send again all document as for the first time or just the financial documents?


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## nyclon (Apr 3, 2011)

Nurka said:


> Dear Joppa, I'm planing to withdraw my application which is still on hold(because my passport is blocked for 10 month ), and re-apply again on April 14!
> 
> I would kindly ask you to let me know about the procedure !Do I need to send again all document as for the first time or just the financial documents?


You need to send all the same documents that you did for your original application.


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## Joppa (Sep 7, 2009)

And make sure that if more recent documents are available, you update them.


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## Nurka (Jan 9, 2014)

Hi Joppa, 

I have been on hold from May 13, 13 (last year), and I still didn't get an answer!I have write mail more than 4 times at Warsaw UK visa email address but I haven't received any answer back. What's the worst that my passport is there from the day that I applied (mentions up in the top of this message),for what i think something is wrong here.
Would you please let me know something or suggest me what to do.
Thank you for your replay.


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## hightensionwire (Jun 23, 2014)

Nurka said:


> Hi Joppa,
> 
> I have been on hold from May 13, 13 (last year), and I still didn't get an answer!I have write mail more than 4 times at Warsaw UK visa email address but I haven't received any answer back. What's the worst that my passport is there from the day that I applied (mentions up in the top of this message),for what i think something is wrong here.
> Would you please let me know something or suggest me what to do.
> Thank you for your replay.


They ruled on the court case in July and started issuing refusals and returning documents in late July. I don't know where they're at with the processing right now, but I know that they had thousands of applications to go through, and its been less than two months since they started processing them. That may have some bearing on it, but Joppa is probably able to give you a clearer picture.


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## Nurka (Jan 9, 2014)

hightensionwire said:


> They ruled on the court case in July and started issuing refusals and returning documents in late July. I don't know where they're at with the processing right now, but I know that they had thousands of applications to go through, and its been less than two months since they started processing them. That may have some bearing on it, but Joppa is probably able to give you a clearer picture.


Thank you for your quick replay Hightensionwire!


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## ElieBen (Apr 20, 2014)

hightensionwire said:


> They ruled on the court case in July and started issuing refusals and returning documents in late July. I don't know where they're at with the processing right now, but I know that they had thousands of applications to go through, and its been less than two months since they started processing them. That may have some bearing on it, but Joppa is probably able to give you a clearer picture.


What's strange is that we fell slightly below the required amount after the AIA and his personal deductions, even though he made well over the required amount as his entire income. For self-employment purposes and sole traders, they only go by your sponsor's taxable income. It's pretty unfair because the margins for those who are not self-employed are a lot wider and easier to meet. Ours is a pretty unique situation as he is a music producer and DJ, regularly featured on BBC Radio 1. We were still approved. He did have some savings in the bank and could also prove money he is still owed for commissioned productions. Apparently that doesn't count for my sponsor, though.

In lieu of my PEO appointment (next Friday) transitioning from current fiancé visa to FLR(m) post-wedding, I'm now worried that since we were approved in May before the court hearing and never placed on hold or anything, we might be denied now. That wouldn't make any sense, though. Thoughts ? I can't really get any solid feedback from anyone. I'm just looking for peace of mind so I can confidently go into the appointment. I know you never know with the UKBA, but seriously, is my life over ?


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## Nurka (Jan 9, 2014)

Hi Joppa,

It me again , my case haven't finished yet , anyhow I'm going to be short on my interests . I have been refused for spouse visa after 17 month being on hold.and the reason was as shown below: 
From the evidence that you have provided your sponsor does not meet the income threshold of 18,600.The evidence shows that at that time of your application your sponsor's income was 18,363. Although you did provide additional evidence this covered the period after you has made your application. The immigration rule are clear that I must make a decision based on your circumstances at that time of your application.
Because I had a right of appeal I have made that on 24 Oct 14. 

My Grounds of Appeal against the ECO decision are as follows:

The Notice of Decision stated that my application fell to be refused solely because I did not meet the income threshold requirement, stating that my sponsor’s income was only proven to be £18,363. However, I believe that the ECO has incorrectly assessed this figure, as I provided evidence to show that his total income for the tax year 2012-2013 was £18,778.87. This is above the required financial threshold, and hence my application for entry clearance should have been granted. Please find below a simple breakdown of my sponsor’s sources of income for 2012-2013:

Profit from self-employment: £4706.00
Profit from UK land and property: £10,736.00
Maintenance Grant: £2,906
Profit from employment: £430.87
Total income: £18,778.87

On refusing my application, the ECO did not offer a breakdown of how his total income was calculated. However it appears to me that my husband’s earnings from his part-time employment with XXXXXXXX Education Agency were not taken into account. 

I try to give a brief information regarding my situation. On what I'm interesting is that haw long it will take to get a call or letter or whatever from them ???

I look forward hearing from you or who ever know or have the same experience.
Nurka


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## Joppa (Sep 7, 2009)

What evidence did you provide about his part-time job? Payslips, employment letter, contract, bank statement?


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## Nurka (Jan 9, 2014)

Joppa said:


> What evidence did you provide about his part-time job? Payslips, employment letter, contract, bank statement?


Hi Joppa, 
Thanks for your replay.

I have send all documents, Payslips, employment letter, contract, bank statement and P60 too.

Thanks again for you help.
Nurka


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## Joppa (Sep 7, 2009)

If you think you have sent in all the required evidence for part-time work, there does seem to be a ground for appeal, and hopefully the decision will be overturned at ECM review, which is the first stage of appeal process.


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## Nurka (Jan 9, 2014)

Joppa said:


> If you think you have sent in all the required evidence for part-time work, there does seem to be a ground for appeal, and hopefully the decision will be overturned at ECM review, which is the first stage of appeal process.


Yes I see, have long does this take?
I have send the appeal on 24 Oct and they received on 27 Oct 14! My husband call them (tribunal) and ask about the process and they confirm that they received appeal and its under process . according to them they will need 2 weeks to send to the ECO for reviews and it takes 15 weeks until the last decision!???

Thanks you very much again and again
Nurka


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## Joppa (Sep 7, 2009)

That's about right. Normally you hear about the outcome of ECM review in 2-3 months.


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## Nurka (Jan 9, 2014)

Joppa said:


> That's about right. Normally you hear about the outcome of ECM review in 2-3 months.


Hi Joppa, 
Thank you again and again for your help, your prompt replays and for being ready always to help me . 
I got a letter from tribunal today and writes as below:

On first paragraph: *To the Appellant (person making the appeal)*

The Tribunal has received your notice of appeal against the refusal of your application. We have notified the place to which you made your application and asked them to prepare the relevant documents for your appeal. This process is expected to take approximately 15 weeks.

The Tribunal will write to you after 20 March 2015 with further details on how and when your appeal will proceed.

You do not need to take any action at this stage. If you have any questions regarding the progress of your appeal, all correspondence should be sent at Tribunal address .

My question is how long it will take more after 20 March 15 for the rest of procedure until the last decision??? 
Best regards,
Nurka


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## Joppa (Sep 7, 2009)

Whole procedure from the point of application can be a year. If the ECM overturns the decision, it can be a few months.


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## Nurka (Jan 9, 2014)

Hi Joppa, 

I know it is to much questions but that's really help me to have all information that I need to know!
As you probably know from the previous messages that I am on process of appeal for what I'm still waiting.
My question is: do I have right to apply for family visitor visa (6 months) , during this time that my appeal is on process?I need it just to have right to visit my husband time by time until me husband finish studies (Master degree) . 
One of other plan is that we decide to live in our Country where I am working (have a good job) also studying (Bachelor degree), we have also some opportunities/chances for my husband to get a job here in our Country.
I have been granted with 5 visitor and family visa during the years 2007-2012. 
Thanks i advance,
Nurka


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## Joppa (Sep 7, 2009)

Yes, there is nothing to stop you applying for visit visa while your appeal is pending. Whether you will be granted one is another matter.


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## Nurka (Jan 9, 2014)

Thank you very much Joppa,
I appreciate your help !
Regards,
Nurka


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