UK Settlement Visas on Hold

[ThaiVisaExpress]

This is apparently called "transparency data". It gives the figure for partner settlement applications that are currently on hold until the Judicial Review hearing sometime this month :

Current number of cases on hold:

Settlement visa applications made overseas on hold 2,628

Leave to remain applications made in the UK on hold 386

This is the full link :

https://www.gov.uk/government/publications/number-of-non-eea-partner-applications-on-hold-pending-outcome-of-judicial-review/number-of-settlement-applications-from-non-eea-partners-on-hold-pending-the-results-of-a-judicial-review

[matsky13]

I would have thought those figure's would be much higher . but I guess lots will have been put off applying in the first because of the financial requirements .

[wooloomooloo]

For clarity, not all applications are on hold and gives those less fortunate another roll of the dice.

This is certainly good news for them.

Until the legal challenge is finally determined by the courts, applications that would be refused purely on income threshold grounds have been put on hold.

Edited March 4, 2014 by wooloomooloo

[Seekingasylum]

3000 cases in one year involving ordinary human beings prevented from exercising the most basic of human rights, the right to live together as man and wife, on the spurious grounds their finances don't meet an arbitrarily fixed threshold that has no relevance in the UK.

Quite a testament to May and her ghastly brood.

Edited March 5, 2014 by theoldgit
Really offensive remark removed

[Scotlass]

Hello folks, I'm new here. I know this is going through the court right now but I can't find out up to date info on how it is going. Does anyone know when the outcome will be announced? I think it might be tomorrow or the day after but I don't know. I'm sick with nerves about it all.

Thank you

[wooloomooloo]

It would seem end of March, beginning of April, Scotlass.

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[Scotlass]

Ah I feared it'd be that late. How do you know when it will be? what is your source if you don't mind me asking?

[Seekingasylum]

The visa section are churning out notices of impending refusal with July as the time of resolution. If the hearing proceeds as scheduled for this month then a determination may be likely in two months or so. Even so, if the Home Office lose they may well seek leave to take the matter to the Supreme Court in which case these held over decisions could be languishing for another year.

Not bad for an allegedly developed liberal democracy with the fourth largest economy in the world. Who would have thought foreign spouses could have posed such a risk to the weft and weave of British society.

I could say more but the precious among us might not tolerate a dose of reality and could well faint away with a fit of the vapours.

[welshmale147]

hi to all and thanks in advance just a few questions about this visa on hold visa got submitted to the british embassy on the 15th on november and i still havent heard anything i know with holidiays etc what i can seem to grasp its working days they count so there has been a few holidays and weekends budda days etc a bit about myself and my wife we been together 8 years got a 5 year old daughter together she has been to the uk on 5 seperate occasions all on holiday visas with myself at a great expense never done nothing wrong never overstayed however i know what youre going to think why didnt i try for a settlement visa before the new rules come in thats a long story my love of thailand lol anyway 5 holiday visas later a 5 year old daughter, marrige but i didnt come under the new finanical rules so i submitted my visa on the basis of me being self employed part time, a carer for my mother im led to belive im exempt from the financial side of the application on this basis and also a single parent as me and my daughter lives in the uk. and my wife and her mother is waiting on the visa (settlement)in thailand as you can imagine im working part time caring for my mother who has a terminal disease also looking after my daughter wich to be honest is killing me slowly any info or advice would be gratefully accepted the only things i would like to know is 1,is there a way i could find out if my application is on hold or being processed (i cant see it being on hold cause i am exempt from the financial side of the application) 2, if it is on hold could i stop applying if so would i get a refund in the 43000 baht fee already paid bting ecause all im get now when i put the apet number in on the vfs site in is your application has been forwarded to the british embassy on the 15 november any help would be much appreiated thanks in advance

[Seekingasylum]

Clearly, since you have not received any notice of a decision yet the applications have not been considered. If they propose refusing them and the sole reason is that you do not meet the financial criteria then you will receive a notice explaining that you fall to be refused but because the legal challenge to the rules has yet to be determined they have put your applications on hold. If they are to be refused for other reasons then you will receive a notice of refusal in the usual way.

Given the date of your applications I would estimate you should receive something imminently.

Edited March 5, 2014 by Seekingasylum

[welshmale147]

Thank you very much

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[7by7]

If the hearing proceeds as scheduled for this month then a determination may be likely in two months or so. Even so, if the Home Office lose they may well seek leave to take the matter to the Supreme Court in which case these held over decisions could be languishing for another year.

And if they lose in the supreme Court they will doubtless then want to appeal to the ECJ!

In which case add another year at least to your estimate!

[welshmale147]

Hi again when I submitted the visa in November I haven't heard nothing else since no refusal,nothing telling me that due to the financial rulings my application is on hold how would they contact me email I would imagine, but looking at their website a decision can take up to 120 days can anyone clarify this thanks

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[welshmale147]

Just spoke to VFs Thailand told me visa not on hold as I have not been contacted by embassy also visas can take up to 90 days to process I submitted mine on November 15 and the gentleman I spoke to told me to call again as I'm on day 78 now fingers crossed

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[ThaiVisaExpress]

You should email the embassy and complain they are only taking 10 -15 days you will then get it back in 15 days.

[seedy]

3000 cases in one year involving ordinary human beings prevented from exercising the most basic of human rights, the right to live together as man and wife, on the spurious grounds their finances don't meet an arbitrarily fixed threshold that has no relevance in the UK.

Quite a testament to May and her ghastly brood.

Things no better in Canada. Never been a burden on the Tax Man, but still treated like a not-so-likeable idiot nephew.

[welshmale147]

Had the email from bangkok 78 working days later now got to wait another 2 working days my god fingers crossed

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[malct]

Good Luck to everyone applying for settlement and IIR Visa's, Can i ask, what if you apply in person for the IIR in the UK or is the IIR a different from the settlement?

[7by7]

In UKVI 'jargon' settlement is permission to remain in the UK indefinitely; e.g. Indefinite Leave to Remain.

What we on forums such as this refer to as a settlement visa is actually a visa to join family, e.g. spouse or partner or parent, in the UK temporarily.

This is usually valid for 33 months and after 30 months in the UK the person applies for Further Leave to Remain, valid for another 30 months, at the end of which they apply for ILR; assuming all the other requirements for same are met; if not then they would apply for FLR again.

At each application stage the appropriate financial requirement needs to be met.

The cases on hold are where the applicant meets all of the requirements except the financial one. These cases are being kept on hold until the courts have finally decided whether or not the financial requirement is legal or not.

Applying in person in the UK for FLR or ILR makes no difference to the relevant requirements; which still have to be met. If the financial one isn't then the application would be put on hold the same as if the applicant had applied by post.

But as said, this could be some time because at each stage where the government loses they have appealed to the next level of court. Eventually I am sure it will end up in the ECJ, and that can be a lengthy process.

Edited March 17, 2014 by 7by7

[welshmale147]

I can't understand how mine took 78 working days for the to come t a conclusion

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[7by7]

Not really relevant to this topic, but from what you have said previously about your circumstances and finances, carer for your mother, self employed etc., my guess is it's because they made enquiries to agencies in the UK and have been awaiting the answers to those enquiries.

[welshmale147]

Still got this wait now thanks for information 7 much appreciated hoping its good news

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[marstons]

3000 cases in one year involving ordinary human beings prevented from exercising the most basic of human rights, the right to live together as man and wife, on the spurious grounds their finances don't meet an arbitrarily fixed threshold that has no relevance in the UK.

Quite a testament to May and her ghastly brood.

Does not deprive the of their human rights to live together, just in the UK, free to live together else where, some where every country has to have rules and regs regarding immigration. A foreign wife is still an immigrant and people going onto these relationships should go into them eyes wide open.

[thepool]

3000 cases in one year involving ordinary human beings prevented from exercising the most basic of human rights, the right to live together as man and wife, on the spurious grounds their finances don't meet an arbitrarily fixed threshold that has no relevance in the UK.

Quite a testament to May and her ghastly brood.

You are aiming in the wrong direction.

The issue rests with Liebour and the "open door" immigration policies that Government implemented. The importation of massive extended families against the wage of an unemployed, unskilled person could not be sustained.

Direct the ire where it belongs!

[Jay Sata]

The 3,000 cases you mention are spread across spouse applications worldwide.

In terms of the number of Thai applications I doubt we are looking at more than a couple of dozen.

I'm afraid I'm in agreement with Thepool on this one and so are the majority of UK voters hence the rapid rise of UKIP.

There may be some small latitude in adjusting the income requirements but I doubt that any future minister is going to return to the free for all we had under Labour.

Even Milliband and his cronies admit they got it wrong.

In my opinion the current court case will drag on all the way to the European Court and be decided well after the next election.

[7by7]

1) No one has said that this is a Thailand only matter. Personally, I want a fair system for all applicants, not just Thais.

2) Saying the previous system was a 'free for all' shows a lack of knowledge of it. There was a maintenance requirement. But, unlike this one, as it took both income and expenditure into account it was a fairer and more realistic than this arbitrary income limit where no account is taken of expenditure at all.

3) Family migration represents a small minority of all migration into the UK; which is why this measure has had little effect on the overall net migration figures. However, it is an easy target picked by the government so they could be seen to be 'doing something.' It seems that even some members here have fallen for that pony!

[Jay Sata]

It is the UK electorate that needs convincing not me.

They are dictating the government line on immigration.

The figure of 3000 is probably less than 2.5% of total applications which is quite a modest failure rate.

The visa costs,language requirements and income levels are a discreet way of controlling migration to the UK.

The UK is not the only country in Europe imposing these conditions.

In Germany they have a much less transparent system where they can refuse applications on a case by case basis declaring the income of the native parter is inadequate.

Edited March 18, 2014 by Jay Sata

[welshmale147]

43000 visa fee 7000 tsb test 3500 bullats English and 4 months of waiting ans still no answer lol

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[welshmale147]

How they say the £18600 a year with no children is beyond me, ok where did they get this figure from, even when these new rules was made no one took any notice in Parliament.

I don't think they knew what they was doing, here is a scenario, ok a person from London is on a higher minimum wage for a unskilled worker than anywhere else in the UK, ok somebody from Southampton for instance with a minimum wage of £6.31 a hour, which equates to something like 13000 per annum, is not able to apply for a visa because he's/she's not earning enough. To earn 18600 in South Wales you would have to be a doctor, I think an entry Police Officer in South Wales is £16400 per annum, so even a Police Officer employed by the government would fail to meet the income requirement.

[welshmale147]

Check this out

http://www.jmwilsonsolicitors.com/index.php?option=com_content&view=article&&Itemid=0&id=148

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