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Nairaland Forum / Nairaland / General / Travel / UK Spouse Visa/Appeal Process-part2 (1063054 Views)
Uk Student Visa/tier 4 Pbs - Your Questions Answered Part2 / General U.s.a (student) Visa Enquiries-part2 / Uk Visa - Visa Appeal Process (2) (3) (4)
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Re: UK Spouse Visa/Appeal Process-part2 by abbij: 7:27am On Jul 09, 2017 |
That is exactly what we did. We got the family visit 6 months for the hubby and while he was here in the UK with me me and the kids, filed his UK Spouse VISA in country. The wait can take 3-4 months but at least we are together here. So sorry, I know how nerve racking it feels. You will get good news soon. joygirl2017: |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 6:04pm On Jul 09, 2017 |
abbij: Hi dear ,thanks so much wish I could I change back the hands of time we didnt see this coming have a question . You said hubby applied with family visit [b][/b]different from the normal tourist visa ? Did you apply priority or standard ? Cos for spouse visa you need to apply from outside the uk . The lord will favour us this week . Gonna lay low for a while |
Re: UK Spouse Visa/Appeal Process-part2 by Sandyzubby: 7:00pm On Jul 09, 2017 |
Goodevening all,I need help.i obtain HND will I need the English test? (2) how do I go abt the TB test,were to do it,what do they require n how much? |
Re: UK Spouse Visa/Appeal Process-part2 by sholeke(f): 7:36pm On Jul 09, 2017 |
In need of urgent advice my husband has received email saying our application is on hold. He received the following email. What do I do next documents submitted shows I meet the financial requirement. Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some applications under Appendix FM to the Immigration Rules. The applications affected are those failing to meet the minimum income requirement for a spouse/partner visa and Appendix FM applications falling for refusal which involve a child. The reason for this pause is to enable the Home Office to consider the implications of the judgment. All other applications will continue to be decided as normal. As a result UKVI is currently unable to process your application and your documents are being returned whilst this pause is in place. If you submitted a passport with your application, this will be returned to you under separate cover through the Visa Application Centre where you applied. As soon as we are able to conclude your application we will contact you on the email address you provided within your application. |
Re: UK Spouse Visa/Appeal Process-part2 by NAUGOTIREDRAG1: 12:15am On Jul 10, 2017 |
sholeke: Have you had a look at the Judgement & critically examining how this might affect your application? Does your application include a child? What was the total value of income submitted (considering Appendix FM on Page 20 of FR) ? NB : Google the judgement and interpret, relating to your circumstance. |
Re: UK Spouse Visa/Appeal Process-part2 by NAUGOTIREDRAG: 12:18am On Jul 10, 2017 |
NAUGOTIREDRAG1: https://www.google.co.uk/amp/s/amp.theguardian.com/law/2017/feb/22/supreme-court-backs-minimum-income-rule-for-non-european-spouses |
Re: UK Spouse Visa/Appeal Process-part2 by NAUGOTIREDRAG: 12:23am On Jul 10, 2017 |
NAUGOTIREDRAG1: https://www.google.co.uk/amp/www.telegraph.co.uk/news/2017/02/22/supreme-court-ruling-due-challenge-foreign-spouse-income-limit2/amp/ |
Re: UK Spouse Visa/Appeal Process-part2 by abbij: 6:08am On Jul 10, 2017 |
The family visit visa not a Tourist visa took about 3 weeks to get. He wa given 6 months Visa. We he got here, we hired an immigration attorney who help filed an in country application Spouse Visa based on compassionate circumstances e.g, me here with with kids alone, working with their their main carer not with etc blah blah blah, apparently you could file that way (EX 1 New rules). We have filed and he can stay until decision given, we we did biometrics last week. All I am grateful for is the non separation from the family unit. Blessed sis. joygirl2017: |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 6:34am On Jul 10, 2017 |
sholeke: Will pray along with you for favor , I know this kind of mail can be annoying and heart breaking . I pray everything will turn out good for you . |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 6:43am On Jul 10, 2017 |
abbij: Woow just laughing here ![]() ![]() ![]() ![]() Didnt think of family route but I believe all things work together for my good and I pray everything works out for you and hubby he finds favour in his application did you use standard or priority route ? All the best sis ![]() Pls keep us posted . |
Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 10:20am On Jul 10, 2017 |
abbij: Be advised that a family visit visa and standard visit visa are one and the same thing. Unless you are an EU national or able to prove highly exigent circumstances applying for a spouse visa via this route is NOT advised. The ECO will likely argue that your husband obtained a visit visa with the intention of overstaying and thus lied. Trust me, if this was the best option, most people will be doing it. |
Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 10:38am On Jul 10, 2017 |
sholeke: This usually means the ECO thinks you don't meet the financial requirement. There are currently a number of cases like this pending. If you are 100% certain that you do meet the requirements, then you need to contact them by phone or email and ask that your case be escalated. Be advised that if you don't meet the financial requirement, the application will be refused. You may need to contact a lawyer for advice or simply draft a letter explaining how you meet the financial requirements and your calculations. Some applications have been wrongly put on hold and get escalated once you complain. https://www.gov.uk/contact-ukvi-inside-outside-uk 1 Like |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 11:51am On Jul 10, 2017 |
teejay231: |
Re: UK Spouse Visa/Appeal Process-part2 by sholeke(f): 12:06pm On Jul 10, 2017 |
teejay231: I do meet the requirement, I spoke to a lawyer who advice to get my income history from hrmc. Which has been requested. I don't understand how they assess the applications, it clear that I make over what is needed. I am getting the documents as a back up |
Re: UK Spouse Visa/Appeal Process-part2 by Spinardo: 12:06pm On Jul 10, 2017 |
teejay231: Hello Teejay.... Your view is valid however we also need to confirm if she has children cause the ruling also affects children based on teh increasing gross income required per number of children...so if she does, that will be a MAJOR reason..... She confirmed that she meets the minimum gross of 18,600...besides i think it will be fool-hardy for anyone to submit without meeting the minimum gross..... Also, technical foul.... family visa is not the same as a standard tourist visa oooo...the requirements differ. That said, I agree with your thoughts that the ECO COULD preclude that her hubby deceived them into availing a visa with another intent in mind.... At this point, it is the superior argument of the lawyer that may be the winning strategy....even as much as we understand that once u read up this thread, u will not need a lawyer, this "strategic" move by abbij ehhhnn....na lawyer fit argue am... heheheheheeee... Best of luck my peeps waiting....I know it can be VERY tiring and HBP-prone but all we can do is pray.....and keep faith..... It will all be well.... Just my additions for further clarity to OUR "family".... |
Re: UK Spouse Visa/Appeal Process-part2 by sholeke(f): 12:10pm On Jul 10, 2017 |
[quote author=joygirl2017 post=58310235][/quote] Thanks dear I will be going with option 3. I don't think I can wait and do nothing. People that has been waiting is over 6 months I am reading. |
Re: UK Spouse Visa/Appeal Process-part2 by abbij: 12:19pm On Jul 10, 2017 |
I agree with the above post. however, ours wasn't planned that way. We had proof of everything showing that there was no deceit . I was living in the UK for the last 1 year with my hubby and 4 kids living in Naija. I came simply to work for a year, however, when my hubby and kids came for holidays in march (to return 3 weeks later , had return tickets for them all), the kids refused to leave. My husband cannot go back to file as that will require me to take care of them which means, i may have to quit my job. He is the full time carer for them. Unfortunately i cannot afford the cost of a full time nanny to take care of 4 kids and i work over an hour away from home. The kids are all british so they have a right to stay. However, if i chose to care for them, then i will need to quit my job which make it ineligible for me to file for hubby in Nigeria based on income. We meet the income treshold with my well paying job as well as every single requirement needed. So the only option we had was the route we went as we had full mitigating circumstance to show . We found schools for the kids, they got accepted into football academies (my son wants to play pro)- He got a 1 year contract with Norich City FC. (smiles) etc. so they kids are basically now considered settled, with dad involved in the everyday routine which will affect their settlement. I could go on. I am just adding to what Teejay had said, it is not the advisable route to go unless you truly had no choice. Per the app, we did a standard route. teejay231: |
Re: UK Spouse Visa/Appeal Process-part2 by abbij: 12:23pm On Jul 10, 2017 |
are you my lawyer....lol wink wink Spinardo: |
Re: UK Spouse Visa/Appeal Process-part2 by sholeke(f): 12:43pm On Jul 10, 2017 |
joygirl2017: Amen |
Re: UK Spouse Visa/Appeal Process-part2 by sholeke(f): 12:52pm On Jul 10, 2017 |
Spinardo: At Spinardo I do meet the financial requirement if not we will have not submitted the application and we don't have children yet. What I don't understand if they think the financial requirement is not met why they put on hold instead of refuse. I am not asking for it to be refused I believe God will take control . Am reading lots of applications are on hold |
Re: UK Spouse Visa/Appeal Process-part2 by Spinardo: 2:37pm On Jul 10, 2017 |
abbij: Heheheheheheee... I dey help am prepare him case ni..... Ur situation (as explained above) dey make sense sha.... but it is obviously a "custom-fit" for you alone... |
Re: UK Spouse Visa/Appeal Process-part2 by Spinardo: 2:40pm On Jul 10, 2017 |
sholeke: That is exactly the point I made above, Sholeke.... i stated that you already mentioned that u meet the financial requirement so its definitely not based on that, I however stated that it may be 'cos of kids but u have also stated that u do not have any yet... I guess your best move will be to contact your local MP as you have rightly chosen to do..... It will all be fine...... |
Re: UK Spouse Visa/Appeal Process-part2 by MrBBBB: 3:52pm On Jul 10, 2017 |
[quote author=Dukelord post=58192324] Thank you dukelord Hello house , I hail o , please I will like to know if any one has information as to what is going on with spousal visa processing for 2017. I submitted my application and did biometrics on the 8th of May and supporting documents got to Sheffield on the 16th of May. Paid priority and till date which is the 10th of July, I have not heard anything from the UKVI. Only that's it's awaiting decision. I am thinking the only explanation could be that they are overwhelmed with applications . Or what do you think house ? Thank you |
Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:01pm On Jul 10, 2017 |
abbij: I do think you have a strong case and with a good lawyer you should have no problems. |
Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:08pm On Jul 10, 2017 |
sholeke: I belong to a group on Facebook where a few members are in the same situation as you. One of them also without any children was wrongly put on hold. She believed it was due her husbands adverse travel history. She and her sister sent them emails and called to escalate. It was successful. I advise that you do the same. Also contact your MP to follow up. God is indeed in control. |
Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:33pm On Jul 10, 2017 |
Spinardo: There have been a few decisions like this even with no children and financial requirements met. It's possible the ECO didn't understand the income statement or they are just incompetent. It can be escalated by contacting them either directly or via your local MP. Also, from what I understand a family permit visa is for spouses or family members of EU nationals and formerly family visit and business visit visas are now the same as a standard visit visa. For every visit visa you must prove that you have strong ties outside of the UK to return to. Prior to 2012, you could go this route as long as you could prove that you have lived with your spouse for a specified amount of time. There are lot of people who have tried this unsuccessfully, some cases still pending in appeal courts and some visas cancelled at the airport because they didn't believe the spouse would leave upon entry. If your spouse is an EU national or refugee it can be done but probably will take up to 6 months. But British nationals and settled persons have to prove exigent circumstances and just pray. |
Re: UK Spouse Visa/Appeal Process-part2 by teejay231: 4:37pm On Jul 10, 2017 |
[quote author=MrBBBB post=58317559][/quote] From what I understand there is a huge backlog of applications at Sheffield, probably over a million applications. Priority applications depending on country are currently taking about 60 working days. You should contact your MP to escalate your case. |
Re: UK Spouse Visa/Appeal Process-part2 by subomi2: 8:52am On Jul 11, 2017 |
oh thannk you. i will do so right away. been so tough. Never imagined we will have the money and not be able to rent. silly reasons if you ask me, like because wife isnt there with him etc. but trying this out now. Thank you again Spinardo: |
Re: UK Spouse Visa/Appeal Process-part2 by Captainsholly: 1:45pm On Jul 12, 2017 |
hi everyone, cool to be back on here |
Re: UK Spouse Visa/Appeal Process-part2 by MrBBBB: 8:33am On Jul 14, 2017 |
[quote author=teejay231 post=58319016] Thank you teejay231. I would also like to know if a lot of people in this forum are experiencing such Thanks |
Re: UK Spouse Visa/Appeal Process-part2 by joygirl2017(f): 5:48pm On Jul 14, 2017 |
[quote author=MrBBBB post=58439810][/quote] Sorry experiencing what ? MrBBB |
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