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Spouse visa minimum income case heard last week


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UPDATE: Outcome now known and reported here.

Last week the Court of Appeal heard the Home Office appeal in the spouse visa minimum income case. The judges heard argument over two days and did not give a decision there and then. The timescale for a decision is unknown but is likely to be weeks rather than months.

You can read a lawyer’s perspective on how the hearing went here. The fabulous Brit Cits turned out in force as well as submitting a witness statement on the effects of the minimum income rule on families. They have also done a very fulsome write up of how the hearing went.

From an external observer’s perspective, the stand out moment in the hearing was captured on Twitter by @BritCits:

United by Love - Divided by Theresa May, JCWI Campaign
United by Love – Divided by Theresa May, JCWI Campaign

As I understand it the legal team consisted of Sanjeev Sharma of JM Wilson Solicitors in Birmingham, instructing Manjit Gill QC, Richard Drabble QC, Danny Bazini, Tony Muman, Ineza Hussein and Navtej Ahluwalia and Harjot Singh of Britannia Law Practice LLP instructing Ramby De Mello and Aftab Rashid.

It is highly likely that the judgment will not be the final word when it does finally arrive. Whoever loses is likely to appeal to the Supreme Court, a process that could take many months even if it is accelerated because of the urgency.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.


65 Responses

  1. just want to see my son wife , been over 17 months its hard as i am disabled with mobility problems they are in mexico my son and myself are uk born and i am and have lived in the uk all my life served for the country to, had to see my sons first steps and words in the last few months over a computer screen its shocking , just want this to be over so we can live as a family and i can bring my son up. my wife is highly educated worked for the mexican government also has many job opportunities in the uk over 37 thousand pounds and you still say no until this is sorted please just work out what we have to do so we as me and my family and the 2638 others can live and be together , you can let in 250.000 roma gypsies but you can not give uk born and living in this county there right to a family life , madness. if it is so little then why not just grant the visa s as we all have been punished enough also the laws will dictate that everybody has to work ect ect so its silly this should not happen or not gone on for so long the statistics are not going to be met they have got it wrong by a grand sum so why persecute the ones that it will hurt the most and the ones easy to block , try doing it on the gates to the europe zone , let us have our family lives and bring our children up we have a right because were british ??

  2. I am following this case with great interest, even though as a Disabled Pensioner living in the Job Starved North West, there’s little hope of me getting any employment and boosting my income even to the proposed new figure that’s based upon someone working 40 hours per week on Minimum Wage.

    I’ve been arguing with the UKBA, Home Office and Theresa May since 2010 when they refused my Partner’s first Visa Application for totally Stupid Reasons. We managed to defeat all their “Stupid” Reasons to Refuse, at Appeal, but since then they’ve been refusing all her subsequent Visa Applications, claiming that My Finances are Insufficient to Support her in the UK.

    Everyone (except for Theresa May) knows that “two can live almost as cheaply as one”.
    For as long as HMG refuses to let my partner live in my house, sharing the same energy and food as I eat, and costing me very little more than I already have to pay, I have to bear the Extra Burden of supporting her in the Philippines.

    Theresa May refuses to explain to me how she calculates that it is impossible for me to be able to support my Partner in the UK, when, for as long as my Partner has to remain Overseas, I have to pay Two Property Rents, Two Electricity Bills, Two Water Bills and Two Separate Food Bills every month !

    Before my Partner and I decided we would like to marry in the UK I was advised by various national and Local Government Departments and Agencies that :-

    The DWP told us we would be unable to claim any benefits from them.
    The NHS told us we would have to pay for any medical treatment she might need.
    My Local Authority told me that my Council Tax & Housing Benefit would remain unchanged, as “HMG assumes that any British Citizen bringing a Non-EU Spouse into the UK would be able to Fully Support their Partner without any assistance from the State”.

    My point is this :-
    If a Non-EU Foreign National living in or visiting the UK is ALREADY PROHIBITED from claiming any support from the State – WHY did Theresa May WASTE all that Tax Payers Money amending legislation that seeks to Prevent Visitors from getting something they Already Can’t Have ?

    And why is she now WASTING EVEN MORE Tax-Payers Money defending her Cruel, but TOTALLY UNNECESSARY LEGISLATION ?

    1. I am british born and married my then Filipina gf here in London in July 26th 2012 she had originally arrived here on a student visa in 2009. We applied to the Home Office(UKBA) for FLR and it was refused in June 2013.
      There wording was that they saw no reason why I could not go live with her in Philippines.
      Since 2002 I have suffered 3 heart attacks had 2 Angioplasty procedures and in July 17th 2013 I suffered my 3rd heart attack due to the stress of the refusal and needing to now take it to Appeal.
      We appealed and our appeal was set fro 16th Jan 2014 which we attended at Taylor House in London.
      We were called to the Court No 4 and myself my wife and our Immigration barrister all in attendance then the Judge walks in and after a slight pause said that UKBA representitive had gone home sick so he would proceed with the case without them.
      He asked a couple of questions about my situation and my Medical background as we were appealing under Article 8 Human Rights Act ( a right to a family life and private life) and also my medical background. And were told the Judgement as been reserved. Generally this takes a couple of weeks before you get the judgement.
      8 Weeks later we are still waiting and the stress of all this caused me further hospitalization and diagnosed with Mild stroke. If the judgement goes against us my wife will after return to the Philippines and I will go with her.
      Our problem is my wife was a orphan both parents died in Car Crash nearly 22 years ago
      So whatever happens we will be destitute as she as no home there no family and no chance of work.For me its a death sentence as medical care there costs money I,m on 7 tablets a day and should I suffer a fatal attack there Guaranteed I won,t survive unless a rich benefactor pays my hospital bills and thats never going to happen.
      As of Tuesday next week we will be making a official complaint to the President of the Appeals Court as this business as gone on too long.

      I hope you can sort out your problem maybe you should look into the Surinder Singh Route its a option.


      Jack Wallace

  3. My son has same problem so far he spent over 2300 pounds in solicitor fee

  4. This has gone on for way too long, why is Theresa May putting a hold on people’s lives, I have lived in the uk for over 9 years went to college here aswel and my partner is a British citizen, our income was is over 30,000 pounds a year, but because we couldn’t provide back to back payslips with only a few months missin we where declined based on the income threshold rule. How pathetic is that even tho it shows clearly on out bank statements. I just hope this madness ends soon as I am fed up of not being able to do anything with my life, I also play professional sports which was impossible to do this ongoing season.VERY FRUSTRATING!!!

  5. PLEASE i just want to be with my wife and daughter,to see and watch my daughter grow,to cuddle and sing with her,to watch cartoons and draw pictures with her..she is 2yrs old and i see her pictures and just break down..i miss my wife soo much am scared she might begin to see me like a stranger soon..do the home office know what love is?? when will the whole process end and at what cost emotionally to us applicants?? everyday is so much pain..filled with uncertainties..empty..i hope somebody out there will just allow a little compassion to creep into his/her vains..PLEASE..

  6. My husband and I have been together for 10years, married 4 years have a 3 year old child. We met here in the UK where he worked on a working holiday visa for 2 years, then he had to go back to South Africa. 9 months later I joined him in SA so we could continue our relationship, I was over there for 6 years. Whilst I was there my father became very ill, and we made the decision to come back to the UK. Unfortunately we came at the time of the new changes, and was unable to meet the financial requirements, I started to work full time but my husband had to return due to his visitor’s visa expiring, which left me and our daughter without him. My daughter goes to nursery full time as I a work full time, which is all a big expense. We had our first Christmas apart in 2012, where we Skype’d all morning so my husband did not miss out on our daughter opening her presents.
    He was refused a settlement visa in January 2013 due to me not earning enough and not meeting the requirements. We were able to apply for another visitors visa for him so he could at least come and visit, we were planning on it being a 2month visit, so he could return to SA to work to try and boost our finances, during his visit my father was hospitalised and unfortunately passed away, thankfully my husband was here to support me through a very difficult time, and we made the decision for him to stay till his visa was due to expire.
    In August 2013 the heart breaking day came when we had to say good bye, I was then back to square one trying to come to terms with the loss of my dad and trying to help my daughter understand why daddy had to go back to South Africa. I then thought it was essential that even though it was expensive my daughter and I would go and visit him, I was able to take a 3 week holiday so in September 2013 we visited him and the rest of our family & friends over there. Still at the back of my mind during our visit that heart breaking day was looming, and it fast approached, our daughter was so devastated, it broke both our hearts seeing her. The whole way home all she wanted was her daddy, and all I could say was I am sorry but they wont let daddy come home just yet.
    We Skype all the time so that our daughter and I are forever in contact with him and at 3and a half years old she has a very good understanding of our situation.
    My husband has just recently applied again in the hope that we have done enough and the hope that this court case pulls through for us and the many families in our situation.

  7. i am applying for second time both time been refused because of my income
    this time i been self employed for year
    and i got refusedthey got all the prove that i am self employed from revenue from my accountantbut they wont the letterfrom the tax office to say that i am earning 18600 pound the year
    the financial year hasn’t ended yet they are asking for proof how can you prove that
    i feel so stressed and my miss
    put my hands on myself
    i don’t know how to come out of this please help me
    spend thousands and thousands on solicitor and home office forms ;(

    1. maybe seek some legal advice on how successful an appeal would be if the only reason for refusal is your not providing a document that cannot even exist. They seem to do this a lot with P60 forms!

    2. Hi there. I was in the same situation. They were requesting proof of my UTR number ect. I phoned the tax office early in the morning and luckily got through to a lovely lady. I explained my plight and all of the requests that the UKBA wanted. I read the letter out many times to her. She was amazed at all of the requests as they already had them on my SA80 form. Amazingly she sent me a letter confirming everything. She also said that they have no staff to deal with such requests. My wife was recently granted a spouse visa as a result.

    3. Hi Shirin. I have got the same situation my husband earns 22000 a year and they have miscalculated it and regused me. Can you please get back to me and we could ask each other questions. I really would like to talk to someone who has exactly the same situation. Please contact me to marina-uk@inbox.ru. Thanks hope to speak to you soon . Marina

    1. it is based on the sponser. they have to meet the financial req. if yes, then you can apply now. if not, then the application will be put on hold

  8. My wife’s visa application was refused this week on the basis that we do not have a ‘genuine and subsisting’ relationship. We have been together for seven years and married for three. The new financial rules have already kept us apart for a long time. Despite meeting five of the six factors that the IDIs suggest may indicate it is a genuine and subsisting relationship (and not meeting any one of the 22 factors that may suggest otherwise), the ECO did not follow guidelines and request further information, it was just refused outright. We provided all the evidence required under the rules. The decision states ‘no evidence’ was submitted to substantiate our claim, which suggests the evidence was just ignored, including a letter from my father confirming our circumstances and where we plan to live.

    However, the financial requirement was not mentioned in the decision notice. Can I assume it has therefore been accepted that we meet the financial requirement? I would be grateful for any advice on this matter before we decide whether to lodge an appeal or go cap in hand with another £800 that we can’t spare and make another application.

    As a digression, some comments indicate that a self-employed person has to wait a full tax year (rather than six months for an employee) before having sufficient documentation to submit with the application. I’m not sure that’s quite right. My accountant explained that a limited liability company can declare its financial year end at any time, though there is a minimum of 6 months before the first CT600 tax return can be filed. Depending on the circumstances of a sponsor’s company, it might therefore be possible to apply for the spouse visa before a full year is up. I incorporated my small company in May, so I would have been subject to a 23-month delay if a full tax year’s records were required for the application.

    Under paragraph 9.3.2 of Appendix FM-SE, the financial year is that period covered by the Company Tax Return CT600 and corresponds to the 12-month accounting year of the company. So long as you can complete a CT600 return (and were paid enough to meet the requirements), you can choose the financial year yourself (it’s not the same as a tax year). Again, this is only my opinion, but it hasn’t been challenged to my knowledge.

    1. I am not surprised that your ECO “Ignored Evidence” as this has happened with all of my Fiancée’s Visa Applications.
      In our case they chose to ignore letters from the Foreign and Commonwealth Office and Manchester’s Chief Registrar !

  9. Whatever outcome we must all remember to use our votes in next election to get rid of this Tory party. We have suffered a great

    1. Sadly I don’t see any other parties pledging to go soft on immigration- even on this specific issue. But yes, since the Tories want to rip up the ECHR, removing the only weapon with which hard-pressed couples can fight on this issue, voting against them seems logical.

    2. No one is asking for any party to go soft on immigration. We do however have the right for rules in place to be fair. Family immigration should be divorced from all other types of immigration as it involves a fundamental right rather than one relating to economic arguments. Additionally, Lib Dems have announced their views on immigration and they are better than what we have in place now.

  10. we are very much in love to each with my fiance and plan to get married this MAY. no body can stop us about this minimum wage matter because we know in our hearts that this thing will be settled eventually and we are hoping that THERESA MAY will show some affection that applicants suffered a lot by missing their love ones.. just keep praying that they’re going to use their heart. GOD BLESS US ALL

    1. Let’s all pray for this to be sorted. My husband is british and we want to live together and have kids but how can this be possible if Theresa May put up these rules. I’m 24 and so is my husband. How can a 24yr old have £16,000 in savings? That’s way too high. Can both of our families put money in the bank so we could meet the requirement? But they say it must be earned by him and not given. I can’t believe this is all happening to thousands of british families.
      I haven’t seen my husband for ages. I am so stressed out. I’m alive but I feel dead inside. Everyday is a torture really. I miss my husband so much. I want to see him and be with him.

    2. Dear YKCIV,
      If you are waiting for Theresa May to show some compassion or regret for the Total Misery she is causing ….. for Absolutely No Valid Reason …… then all I can say is MAY GOD HELP YOU !

      I’ve debated many issues with different Ministers over the past 20 years or so, and apart from Gordon Brown (who never answered a single letter either as Chancellor or PM), Theresa May is by far the most Cruel and Inconsiderate member of Government I’ve ever come across.

  11. My husband and I are expecting a baby in July and we only fall short of £1600! It’s cruel that he is likely to miss the birth of his son because of this.

  12. i was born and raised in wales and moved to australia in 2005, i was then married to a wonderful australian woman and set up home there. in 2013 i was deported from australia having been to prison for a crime that i did not commit. i cannot return to australia for 100years and my wife and i have survived the time i spent in prison and want to start a new life together again in wales. i am struggling to find work here in wales and there is no way way i can earn £18,600 a year in order to get this visa. i find it so frustrating that people from countries in the eu can just come here to work, my wife is 33 years old and cannot even get a working visa because she is older than 30 its just so wrong on so many levels. all we want is to start fresh and make a decent life for us and one day start a family but people in a shirt and tie who earn way more than the minimum threshold are making decisions that just cannot be justified in any way. its disgusting and what makes it even worse is that there are people who have children in other countries with their partner and they have to earn more than the minimum threshold.. we are being exiled from or own country for christ sake.

  13. lord here our prayers about this matter all we want us is to be with our partner/children in uk my heart is bleeding at the moment like anyone else :(

    1. @YKCIV This is inhumane. How can these people in the position be so heartless. They don’t realize that they are destroying families and relationships. Let’s all pray for the best.;(

  14. @ HANIE i am very worried too maybe after we got married im going to wait for years because my bf dn’t have that huge of money in bank :( LETS JUST HOPE FOR A GOOD RESULT!!!!!

  15. Guys, I don’t know why Threasa make our life difficult as it is already. I spent nearly 7000£ but still 3 years in tears without my 1 year old son, haven’t seen yet.

  16. My wife sumitted her papers over 7month ago and they still processing and wont reply to any messenge or e-mails and thy say 100% with in 24 weeks its getting very anoying iv meet all the reqirements still waiting

  17. its a worried after me and my bf get married here in philippines because of that new rules minimum income… however we still hoping that all things will go back to the same old rules theresa may makes everybody lifes difficult.. aaaaahhhhh ITS REALLY A BIG MOUNTAIN TO CLIMB GOD HEAR OUR PRAYERS

  18. So stressed cuz of UKBA I ever hear lesson of love and humanity from Britons but now British high commission is Killing our hopes. Please pray a lot eveyone cuz we need our partners and family. I wish that the Gov will sort these matters soon. I can’t live without my wife like others I really love her and I just wanna start my own life with her and I want just happines please.

  19. so stressful and im sick about this i want to be with my hubby after we get married..i dnt know what to do if it will takes long hope we can hear the final judgement soon god hear our prayers xxxxx

    1. It is very irrational that the Uk government can but a barrier to family life , with all there suppose preaching and promoting family. Why would people be denied right to a family life… The court of appeal should know better and stop procrastinating on this issue.. Spouse who come to leave in the Uk can’t get benefit anyway, so what is the debate here now

  20. in my experience Visas and Immigration do not know what they are doing..despite accounts showing my income to be way above the minimum requirement for the last 2 years..with all documents submitted..they still refused my husband..for the 3rd time on ‘not meeting the financial requirement’..the 2nd refusal was on the details of a dance teacher…l own a cafe and have never been a dance teacher..we have been together since 2003 and forced apart for the last 22 months for no valid reason…its wrong to treat people this way

  21. I’m australian my wife n daughter are British and its been hard living away from them I had a spouse visa and was living n working in the UK with them but I had to return to oz for family my visa expired and have since had to reapply n have to been refused entry because my wife doesn’t met the financial requirement bit silly when we were coping before and I was supporting my family when I was there and enough I’m now stuck in oz I still support them weekly so work that one out and in the long run we and even all of us our marriages suffer because we can’t have normal lives to be with our partners n interact with them one on one which would be nice instead of over a computer screen

  22. My wife Visa application has been refused today and the reason for refusal is that we do not meet the financial income threshold however we do meet the financial requirement using category D Cash savings and I have submitted all Bank Statements along with various other documents.

    From the email they sent us they only took in to consideration 1 of the account out of 3 mentioned on the Appendix 2 Form and neglected or just ignored 2 other saving accounts which are clearly mentioned on the Appendix 2 form.

    This shows how incompetent these staffs can be. I am lost now they have put my wife’s app on hold, I have highlighted their errors and pointed the fact they have ignored the other 2 accounts and god knows how they will respond or if they will respond.

    I just can’t understand how they can ignore 2 stated accounts out of the 3 which when combined meets the financial threshold.

    To all my fellow Applicants agonising and longing to join their loved ones I wish you all the best in your endeavours. This is so painful for me I stuck in limbo after so long even though I now can meet this absurd rule they make my life a living misery. I have spent so much money just like many other people. This rule wont even have a dent on immigration only couple of thousands people apply for their spouse per year while we have mass immigration from Eastern Europe & recently Western Europe. I do support government harsh stance on immigration however I believe they have targeted a small minority of people to right to have a family life. This rule applies to us all be it White English British and any other ethnic origins.

    I don’t see the end it site, who knows how long this horrendous fiasco of Theresa May will go on.

    1. just been watching a program on immigration and it makes me so mad, my daughters Australian husband cannot get his UK visa because she does not meet the financial threshold, they have a house here in UK and he has a job waiting for him plus a 2 year old daughter

  23. Maybe everyone already does this, if so I apologise for stating the obvious.

    Every time I hit a brick wall with the UKBA, the Home Office or Theresa May, I immediately contact my MP and write a letter of complaint to David Cameron.
    My letters haven’t had much success yet, although they do make me feel a little less angry and frustrated.
    I keep writing because I think that maybe one day, the government will get so fed up of my constant complaints that they will grant my Partner a Visa – just to shut me up !

    The more complaints the government gets, the more likely we are to see some changes.

    We’ve seen this in the past when Cameron has backed down on other policies, not because he was having a tough time in Parliament, or that his actions were being challenged in the Courts, but because of adverse media comments.

    I suggest that we all make as much stink as possible about our situations. Write to Cameron, write to your MP, and your Local Newspapers and the TV News and Consumer Affairs Programmes.

    Many of the ordinary people I meet HAVE NO IDEA of the Horrors being perpetrated every single day by the UKBA and Home Office. They all think that the UK is being overwhelmed by a Tsunami of Immigrants and that the Home Office is fighting a brave battle for the Survival of the Nation !
    When I tell them about my situation THEY ARE HORRIFIED and realise that the media (and the likes of UKIP) have only been telling one side of the story.

    By all means Pray that the Courts finally see sense and ORDER the Evil Witch to ditch all her changes and start putting Family and People BEFORE Petty Politics, but in the mean time MAKE AS MUCH STINK AS YOU CAN !

  24. Ohhh very tiered apply for my huby visa in 2012 August am still waiting ,I’ve got small baby girl she 17 moths I,ve got some health problem there’s just 400 pounds less in whole year income ,and I had 5000 pound saving but still waiting coz jug allow the appeal twice but the home official went against us ,truly there is no artical 8 for me am not me any more xxx

    1. Sorry to hear about your situation same thing with my cousin she’s been waiting for her husband’s visa for over a year now. I suggest you contact your local MP & also contact UKBA surely by now they should of made a decision xxx

  25. I have been in the UK almost for 7 years,
    I came as a student and extend my visa as a business man under Turkish ECAA self employed,
    I got married in 2012 March, applied visa for my wife under the Turkish Business person’s dependant, she had been refused twice
    I believe for the stupid reason even I supplied documents they say the did not have,
    I did appeal in 2012 November, after a long time we won the court at the end of October 2013, the judge said my wife is allowed, embassy refused unfairly.
    During appeal period In july 2013 I got my ILR visa, all those things and progress explained in the court,
    after 4 weeks from the court decision the embassy called my wife and asked her to send her passport, after a week they sent the passport back to my wife with refusing letter,
    the letter says my status changed from Business Person to ILR.
    I wonder how they got this decision, I did appeal again, and what would happen?
    if someone had court when they are under 18years and the court took 3 years and the one over 18 years, would court say your status changed and waste all years
    I hope I could explain well
    Can anyone tell me what could happen?

  26. Right to a Family Life – e-petitions http://epetitions.direct.gov.uk/petitions/62657 . PLEASE SIGN!

    Change the financial requirement for spouse visas. Allow British citizens the right to a family life. Tailor the spouse visa to be individually assessed. Give the same right EU foreigners have to a family life in the UK to your own people!

    1. I have signed and will share – we should not be waiting this long, so unfair.

    2. I have signed up and shared on FB. I am so sick of the way this government is. Theresa may has no idea what she has done to family’s, maybe if she had children she would understand. That may sound harsh, but that’s how she has people. This government care about no one, but lining there own pockets. What a ludicrous rule the threshold of income is, The whole thing is simply drummed up to make more money out of peoples misery. After all, How can a spouse/partner be a burden to the tax payer. They are not allowed to have any recourse to public funds. Its part of the visa conditions. And its gone from what 2 years to 5 years What a joke. Even with the 5 years. You have to apply for an extension after 2 and half years, and again 2 and half years later to make up the five. This government is making a mockery of family life, the very thing Cameron tries to portray himself as,A good family man. There nothing but a bunch of legal thieves.

  27. I was wondering if there is anyone in the greater manchester area that has been affected by this, I need to write a news story for a university assignment and would love to interview local people who have been torn apart from there families.
    You can contact me at prue_middleton@hotmail.com

    1. Yes. I’m from Manchester City centre. I have been heavily affected by this drama. I have a very long story regarding this and i would be more than happy to give you all my experiences regarding this case.

      Long story short. Married 2012 may. Applied in sept 2012. Declined November. Appealed November 2012. Appeal date got 1 year later. November 18th 2013. Only for it to be adjourned until Feb 2014. Case still adjourned. Still waiting for news.

      There are much more details on my case which i have not mentioned to keep it short. You can contact me directly on 07930441113. My email is miketung1981@gmail.com

  28. I think it is utterly disgusting how people from Europe can come to Britain willy nilly, but our partners can’t even come here without us and them having to jumping through loops and us meeting unrealistic financial requirements. Europeans don’t have to speak English, they don’t have to have a penny to their names, and they don’t even have to apply for a visa ! Not to mention how the government is allowing them to claim benefits paid for by MY taxes and are relentlessly giving them free use of the NHS that they have contributed nothing to! Oh yes they will provide the freeloading Europeans with houses and benefits paid for by MY taxes, but we British Nationals can’t bring our partners into the country to live with us and have a family life !

    They won’t let my American partner in easily like they do these freeloading Europeans, who are flooding into Britain. For him to come here I’m required to be earning over 18K, we would have to be Married, I’d be financially responsible for him and he would have no access to public funds, which means he would not be able to claim any benefits.

    Now excuse me, this is MY country and how dare they make it harder for us to bring in our loved ones when they have thrown open the borders to every other foreign scrounger available. i am utterly sick of this government. I am all for tackling immigration I agree with closing the borders to and getting rid of… the burdens to our society, the illegals, the leeches, the terrorists, the criminals, and the fraudsters. The people who contribute nothing to society is the ones the Home Secretary Theresa May should be tackling… NOT people like us who just want to be reunited with our loved ones and live happy lifes. What is it Thresa May ? Do our partners speak too much English ? Do they offer too much contribution to British society ? Are you only interested in letting in Eurotrash and giving them everything paid for by MY TAXES and others on here ? You are a joke of a woman for implementing this policy !!!

    i wish everyone luck in their Visa applications !

    1. Please dont let the govt treatment of British citizens/residents/refugees turn into hatred towards fellow Europeans, who are exercising their rights in the UK in EXACTLY the same manner as the over 2m British citizens living elsewhere in the EU – not only not knowing their language at entry, but often not even bothering to learn.

      We must unite against the govt not let them divide us. Being part of the EU/EEA is for many the only hope they have to keeping or getting their family together as the EU better recognises right to family life than our own govt.

      This is how the govt treats us when they can be held accountable by European courts…can you even imagine how autocratic our govt could be without an independent 3rd party ensuring the govt here upholds the law?

  29. This is just too much. My fiancé and I are also in this situation, we got engaged the day after the law changed I 2012, although we had no idea about immigration law then. We are young and hard working people, both students, so we don’t make the income requirement. One thing that bothers me is the disparity of wages and cost of living in different economic areas. In London there is, of course, a very high cost of living, but naturally wages would reflect that. Out in the country away from the cities jobs might not pay as much, but the cost of living is lower, too. I do not think that was considered a bit when the rules were created. The injustice of this must be made known to the general public.

    It is frustrating to know there really isn’t anything I can do about it. And I know my heart aches daily being apart from the one I love. Knowing that there are children and parents separated from each other really breaks my heart and infuriates me. Families are fractured and splintered and broken far too often anyway, so the idea that the government breaking up a family just because there’s a scary outsider that isn’t wealthy in there is just horrendous. I don’t believe that these people are blind to what is going on, and I think there is a reason more people don’t know about this. It’s a wicked and evil rule that can and must be changed. If the public really knew this is what is happening every day, surely there would be an outcry too large to ignore.

  30. I would like to offer a glimmer of hope for those people who do feel they meet the requirements – at the risk of raising expectations – having just been granted our spouse visa.

    I posted a few weeks ago, the summary is as follows:

    My wife’s visa application was refused on the basis that we do not have a ‘genuine and subsisting’ relationship. We have been together for seven years and married for three. The new financial rules have already kept us apart for a long time. Despite meeting five of the six factors that the IDIs suggest may indicate it is a genuine and subsisting relationship (and not meeting any one of the 22 factors that may suggest otherwise), the ECO did not follow guidelines and request further information where he had doubts, it was just refused outright. We provided all the evidence required under the rules. The decision states ‘no evidence’ was submitted to substantiate our claim, which suggests the evidence was just ignored, including a letter from my father confirming our circumstances and where we plan to live.

    We did not submit any photographs, emails, text messages or any of the material which incorrectly seems to be assumed necessary (see the case of Goudey Sudan [2012] UKUT 00041(IAC)).

    I had thought that if anything, the ECO might have some questions about the financial evidence, never that we were not in a genuine relationship. If you have a company, however small, this next bit is important. Some commentators indicate that a self-employed person has to wait a full tax year (rather than six months for an employee) before having sufficient documentation to submit with the application. That is NOT my understanding. A limited liability company can declare its financial year end at any time, though there is a minimum of 6 months before the first CT600 tax return can be filed. Depending on the circumstances of a sponsor’s company, it might therefore be possible to apply for the spouse visa before a full year is up. I incorporated my small company in May, so I would have been subject to a 23-month delay if a full tax year’s records were required for the application.

    Under paragraph 9.3.2 of Appendix FM-SE, the financial year is that period covered by the Company Tax Return CT600 and corresponds to the 12-month accounting year of the company. So long as you can complete a CT600 return (and were paid enough to meet the requirements), you can choose the financial year yourself (it’s not the same as a tax year). Again, this is only my opinion, but it has been accepted by the Entry Clearance Manager.

    Anyway, onto the visa grant. When I heard about the refusal I was devastated – like everyone else here – and the first thing I did was to call my MP. He had earlier said that he would write a letter to support my application, but he didn’t do that despite repeated requests. I set up a meeting with him with little hope. However, about a week later my wife received the following message from the ECM: “I have today conducted an independent review of the case and it is my conclusion that the Entry Clearance Officers decision to refuse your application was incorrect in this case.” It appears that the MP’s office had contacted the visa post in India and asked for an explanation for why the visa was refused (i.e. was there really insufficient evidence). It had therefore been placed before an ECM (as it would be for an appeal), who reversed the original refusal.

    I’m sure this is quite a rarity, but it is clearly possible. The willingness to refuse is a political issue: the ECOs would do the reverse if they were pressured into doing so. It was a political issue under Labour (I have over ten years’ experience of UKBA and its predecessor) and it’s a political issue now. If you feel that you meet the rules, or that a discretion should be applied it might be possible that a determined MP can make a difference. I’m sure most people have tried this route, but if not perhaps it will also work for you. I haven’t actually seen my MP yet, having cancelled our meeting, though I will see him soon to offer my appreciation.

    1. Hi William, and congratulations on successfully navigating the process. A thought on your self-empoyed point for which paragraphs 9.3.1 and 9.3.2 in annex FM are relevant. The definition of financial year is not just one thing. It means tax year (so 6 Apr 2013 – 5 Apr 2014 for example) if sole trader/partner/franchise (self assessment tax return) or accounting year (not necessarily same as tax year) for companies – which can be different from one to the next.

    2. Thanks, I realise that we are very much the lucky few. It would appear that sole trader/partner/franchise arrangements may be at a considerable disadvantage, which only adds to the unfairness of the requirements.

      I have many friends who live abroad where only one partner is British. It’s bad enough for people on low wages here to meet the requirements, but it’s even worse when the couple live abroad. One partner has to come here on their own and work to meet the requirements for such a long time before they can even apply, and then a simple error may be made by the ECO which can take another year or more to overcome. Based on our experience, my friends have decided to not return. Aside from the human tragedy, the UK is missing out on doctors, physiotherapists, nurses and other professionals from returning. It’s a short-sighted, backward and hateful policy for which Theresa May should be thoroughly ashamed. The letter published by BritCits on 29 January doesn’t inspire confidence that Labour will commit to actually changing anything, so quite frankly it’s a plague on all their houses.

  31. Hi guys
    I thot I should also share my story
    I got married to a student and he over stayed his visa for 9months I was told by my solicitor the best thing is to go back to ur country and apply spouse visa
    My husband went back and we apply our visa on the 5thmarch 2014 and we got our spouse visa on the 27march 2014. We got our visa in 17working days . We met all the requirements so guys don’t lose hope my solicitor was very very good.
    If u guys need any details do email me

    1. @priya I am please all went well for you. Who was your solicitor? Because i am in my hell with all this and dont see no end to the misery.

  32. My situations is similar to all above apart I been working near 7 days 12 hour shift to reach the income until I been ill for near 2 month which effect my income because I am on pay as you earn
    I didn’t see my son since he is born now he is 13 month.
    I can’t go every time to visit my partner the cost of ticket and expenses is near 1500
    I am agreeing that British have the same right for rest of EU Member to bring their partner
    And know I am waiting for hearing appeal decisions which most of the legal advisor say home office my appeal again to Supreme Court.
    And government twisted these rules which I believe so no one who is married from outside of EU can’t get their family tax credit and child benefit would be less .
    They are also force us to decide it to live with our partner in their home country where no safe for most is and job wise is more difficult to find.

    1. It’s been one month – not that long, though appreciate ruling is awaited with much anticipation. As indicated in the MM case overview (BC one here: http://britcits.blogspot.co.uk/2014/03/weeks-roundup-and-update-on-mm-by-sonel.html) it may take up to 5 months. There are a lot of things to consider, a lot of paperwork to read through. Judges aware of need for urgency and have promised to be quicker than the judge took in the High Court ruling, which was 5 months. May/June more likely in my view. Hopefully not any later!