Some Settlement Visa Applications put on hold

In July 2013, the High Court made a judgement that although the income requirements set by the Home Office were not illegal, they were unreasonably high and as the court stated, ‘unjustified and disproportionate’. The Home Office has challenged this verdict. The appeal is set to be  heard between the 3rd and 5th of March 2014.

The current financial requirement in place for UK partner, spouse and marriage visas under the settlement policy is an income of £18,600 per year for couples with no children. The main reason for the disapproval of the High Court was that this figure is approximately £5000 more than the average income of a UK resident. There are also additiional income requirements for those wishing to bring children and other dependents into the UK, which resulted in the UK marriage visa process being viewed as an impossible barrier to cross to bringing a foreign family member or partner to the UK.

As this is an ongoing legal issue, UK Border Agency (UK Visas & Immigration) has decided that those settlement visa applications which would otherwise be declined on account of the income threshold alone will be put on hold until the matter has been resolved. 

UK fiancee and marriage visa applications which attract a refusal on other non-income threshold related grounds will still be refused, while UK partner visa applications which meet all of the requirements will still be granted under the current UKBA policy.

Changes and Charges to Appeals

On the 19 December 2011, the UK government's Ministry of Justice has introduced a charge for some asylum and immigration appeals and have also made changes in the way you can submit an appeal.

Fees of £80 for a paper consideration and £140 for an oral hearing will be applied to appeals against decisions taken on or after 19 December 2011.

Applicants who appeal decisions dated 19 December 2011 or later from outside the UK will be required to submit their appeals directly to the First-tier Tribunal (Immigration and Asylum Chamber) in Leicester and will no longer be able to send them to the visa application centre overseas that made the initial decision.

Applicants who want to appeal a decision dated before 19 December 2011 from outside the UK are still able to send their appeal to the visa section that made the initial decision.

If you are considering applying for an appeal of any visa decision made, we do advise that you do so through an immigration specialist/lawyer.   Give us a call now on Tel:  07940476082 or Email: britishvisas@gmail.com