uk spouse visa on hold :(

[randyjan]

Hi I'm new to this website I'm finding it really hard dealing with getting my wife over to the UK as I have no family help
Anyways my situation is me and my wife got married March last year applied for her visa in December this year and she submitted the documents on the 16th December.. Today my wife received this email today

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some settlement applications – in particular, those failing to meet the minimum income threshold for British Citizens and other settled persons sponsoring visa applications, or where children are involved.

The reason for this pause is to enable the Home Office to consider the implications of the judgement. All other applications will continue to be processed and 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 the application we will contact you on the email address you provided within your application.



Yours sincerely
UK Visas and Immigration

Has anybody ever come across this does this mean the visa was rejected

[Obie]

This is outrageous.

There is no reason why there should be a delay in processing the application for people who meet the requirements of the rules and have the necessary earning.

[randyjan]

My last year's p60 stated I earned 24k my basic pay was £18,300 untill about 4 months ago when I became a supervisor now it's nearly 20k a year plus I get overtime I really do not understand why this has happened

This is outrageous.

There is no reason why there should be a delay in processing the application for people who meet the requirements of the rules and have the necessary earning.

[Casa]

What were your earnings in the 6 month period prior to submitting your wife's application?

[vinny]

Some people are apparently getting confused.

[Obie]

They can't hold people to ransom like this. Such act is in itself a breach of Article 8.

[secret.simon]

My last year's p60 stated I earned 24k my basic pay was £18,300 untill about 4 months ago when I became a supervisor now it's nearly 20k a year plus I get overtime I really do not understand why this has happened

Some people are apparently getting confused.

In the OP's case, there may be actual grounds of confusion.

I believe (I could be wrong) that if a person is promoted partway through the 6 month period, the lowest salary in that period is taken into account (See Example A on Page 20 of the Appendix FM: Financial Requirements). So, if the OP earned £18,300 at any time in the past six months, that would be the baseline taken, rather than his newer salary as supervisor.

I am not entirely sure of how overtime is accounted for under Category A, because by definition it is variable.

Thence why the case may have been paused.

[vinny]

Well spotted!

[sha373]

Sorry for using this thread but i ahve a relavent question

what about those going for court hearing these days , who have been refused for finanical reasons?

[randyjan]

I understand that but I quoted that I earned 24k every payslip I submitted was over the minimum requirements as I am guaranteed overtime... I will keep this tread updated as it may help some that is in the same situation..

My last year's p60 stated I earned 24k my basic pay was £18,300 untill about 4 months ago when I became a supervisor now it's nearly 20k a year plus I get overtime I really do not understand why this has happened

Some people are apparently getting confused.

In the OP's case, there may be actual grounds of confusion.

I believe (I could be wrong) that if a person is promoted partway through the 6 month period, the lowest salary in that period is taken into account (See Example A on Page 20 of the Appendix FM: Financial Requirements). So, if the OP earned £18,300 at any time in the past six months, that would be the baseline taken, rather than his newer salary as supervisor.

I am not entirely sure of how overtime is accounted for under Category A, because by definition it is variable.

Thence why the case may have been paused.

[randyjan]

Every payslip I summited was over £1700 that was with overtime that last few payslips was average £1850

What were your earnings in the 6 month period prior to submitting your wife's application?

[Obie]

I appreciate that based on the p60 of 24k that you gave, and the explanation you gave that 4 months now you have fixed earning at 20K, i understood that on a balance of probabilities, it is likely that you would have qualified under Category B.

[SAAM2016]

Hi, I got the same email and I meet the financial requirement. This is really frustrating when they don't give any further information and just spring something like this on us.

Have you heard from them again?

[Obie]

May need to write to them to tell them that there is no need to delay the application as the financial requirements are met.

[seagul]

I think there is confusion among members it's when partly they are on fixed wages but also do the overtime with same employer which make their wages variable. In this situation they more likely come under category A non-salaried person if being employed by same employer for the last 6 months and HO only focuses on the wages figures and if it varies every month then they may have to believe that the person is a non-salaried. However, I also predict that if the wages remain fixed for most of the months during previous 6 months but vary one or two months then they may assume it salaried person and take the lowest salary figure to calculate the yearly income. I think best is to indicate to HO as what route you choosing in covering letter instead leaving on them to choose.

[frazy325]

Same thing happened to me, Put my wife application on pause on category F. Its really frustrating, They are not doing the income checking properly as self employment income cant be relied on wages, there is nothing exist in the Financial requirement 1.7 that it should be counted on six month for category F income. When I emailed them it came back with same reply on pause. Has anyone got any luck to convince them about income?

[tchindy]

Hi there, same thing happened to me. They have sent this email even though I do meet the minimun threshold. From what I have searched online, they seem to have paused the whole lot to attend those applications that have been declined previously

[Ddin]

‏Hi :::it's really disaster !! the same thing happened to me as well i did apply for my wife from Tunisia and i did send All the Documents to sheffield on 1 Feb as Priority Visa Servic but on 17 Feb i did had a cell from home office saying what you're name and your wife plus he said how many hour you do ! i told him im self-employed !! and how long you been in shop and how you do this and this !!! and he said do i have Competencies !!! any way i did have the same email on the 1 Mar your visa on hold !!!!!!! im Certain i meet the requirement i did send All documents showing I'm self-employed .

‏till now i have no idea what to do ! i'm really confused they did send all documents back but they didn't send my wife passports back ! i My Solicitor he said the only thing we can do send thme email !

[SAAM2016]

I got my documents back but there were a few documents missing. And I haven't heard anything further from them either.

[ntango17]

Hi I'm new to this website I'm finding it really hard dealing with getting my wife over to the UK as I have no family help
Anyways my situation is me and my wife got married March last year applied for her visa in December this year and she submitted the documents on the 16th December.. Today my wife received this email today

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some settlement applications – in particular, those failing to meet the minimum income threshold for British Citizens and other settled persons sponsoring visa applications, or where children are involved.

The reason for this pause is to enable the Home Office to consider the implications of the judgement. All other applications will continue to be processed and 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 the application we will contact you on the email address you provided within your application.



Yours sincerely
UK Visas and Immigration

Has anybody ever come across this does this mean the visa was rejected

I have received the same email on 3rd March. Have u received any further updates from UKVI?? when enquiring them about the status update on application they advised me its in PROGRESS for further enquires!!!

Anybody else came across the same situation??

[Chozzii]

Hi, i have received the same email but a little different l, they didn't ask me they sent back my passport, stressed depressed and frustrated of this visa thing please advise

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some settlement applications – in particular, those failing to meet the minimum income threshold for British Citizens and other settled persons sponsoring visa applications, or where children are involved.

The reason for this pause is to enable the Home Office to consider the implications of the judgement. All other applications will continue to be processed and 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.

As soon as we are able to conclude the application we will contact you on the email address you provided within your application.

[Ddin]

no update till now !! the problem is they let me wandering what's going on ? at least tehy should tell me the Reason I mean a
A specific reason .. not just email saying your Visa Application On Hold ! it's not fair

[Riz123456]

Hi just a quick question for all of u in this thread. Have you heard anything from home office after your application being put on hold please guyz reply as i have also applied the visa for my wife but si far no email .

[antmorgan88]

Hi all - completely emphasise with you. Myself and my civil partner from Mexico have applied for a settlement visa (through the adequate maintence route due to my PIP entitlement and a few days after he had recieved an email saying it was with an ECO he got an email from a named ECO saying this standard messge but also that she had assessed our documentation and we WOULD be refused for failing to achieve the minimum income but currently it would go on hold while the HA pondered this judgement. When I replied to her stating she should be looking at adequate maintenance I got no reply but my partner did a few days later saying his app was with an ECO.....how closely do they actually look at things before making life changing decisions like this?

[singhmohit]

I have received the same email on 3rd March. Have u received any further updates from UKVI?? when enquiring them about the status update on application they advised me its in PROGRESS for further enquires!!!

Have you received any update ntango17?