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Basically we feel in a limbo, I have the idea of what I am going to do but want to check with you if my decision is correct. HELP ME PLEASE.

A decision on your application has therefore been put on hold until the Courts have decided the outcome of the Secretary of State's appeal in a legal challenge to the income threshold requirement. More information about this hold on decisions is set out on the Home Office website."Your application will be reviewed and a decision taken on it once the outcome of the legal challenge is known. This may not be for several months at least.*"In the meantime, if you submit any further information or document(s) relating to your circumstances, and/or those of your sponsor, as they were at the date of your application, or in the relevant period(s) prior to that date, this will be considered. If, on the basis of this further information or document(s), your application meets all the requirements of the Immigration Rules, a decision will be taken on your application and it will be granted.*"Alternatively, you can withdraw your application at any time (and any document(s) submitted with it will be returned to you) and you can pay the relevant application fee and make a fresh application. You may wish to consider doing so for example if you wish to rely on a change in circumstances since the date of your application or on the fact a requirement relating to a period of time (e.g. in respect of employment or cash savings) is now met which was not met at the date of the application. If you withdraw your application, you will not be refunded the application fee.*If you wish your passport to be returned to you while your application remains on hold, please arrange for a prepaid and addressed courier envelope to be provided. Alternatively you can collect your passport from the Embassy. If someone else is collecting your passport on your behalf, we will require a signed consent letter from you naming the designated person to collect.
Even though we meet the GBP 18,600. We don't meet the financial requirements because my fiance just been working full time 2 months, so we are under CATEGORY B and the prior 12 months we didn't meet that amount.

To be honest we almost have given up on this current application. Because they said no in a way. And waiting more time just for a NO is useless.
Based on this basically we will meet the financial requirements in 4 months falling under CATEGORY A.

1) if I withdraw the application now, would this count as a refusal?

2) after I withdraw it, can I travel to the UK as a tourist like I've done before with no problem. I want to go because we haven't seen each other since months ago. Can I wait there, while we wait for the next time we reapply ?

3) any advice will be welcome.

Thank you for this forum
 

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Discussion Starter · #2 ·
Forgot to say this

Please notice the part that says "fresh application". Of course if I withdraw it.

Also I found this :
""APL1.20 Applicant makes fresh application while an appeal is outstanding

A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, Post must inform the Tribunals Service*at:*[email protected] The ECO must ensure that a proforma of Withdrawal of Decision is also sent to the*Tribunals Service*and this appeal will stop.*""

Does this means I can withdraw and not having to deal with a refusal?

Travel as a tourist in the meantime with no problem ?



I wish we didn't apply yet, but it's done.


Thanks
 

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You clearly didn't meet the financial requirement so there is no point in appealing. You can't send any additional evidence as you didn't meet the criteria at the time of original application. So the only option left is to withdraw your application, lose your fees and then re-apply once you can meet the requirement, i.e. after being in job for 6 months.
You can travel as visitor in the meantime. Your prior withdrawn application is probably is on file so you can expect some questions at UK border, so have some answers ready, i.e. that you are re-applying once you can meet the financial requirement, which you will do after returning home. You haven't been technically refused but have been given a chance to withdraw.
 

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Discussion Starter · #4 ·
Thanks JOPPA.

I am definitively going to withdraw my application and reapply again in April, when we are under CATEGORY A, to be completely sure.

Hopefully this doesn't count as a refusal on my passport.

I want to travel now to the UK for 3 months, to see my fiance and to break this long wait. For what I read in other posts this might be considered suspicious for the inmigration officers.

This is my situation.

a) I'm going to visit and my best reason to return to my country is that I will reapply because we are sure we will meet the requirements by April.

b) Don't have much money or cash savings, because I spent it almost all in this months.

c) I don't have a job, not because I lack of skills, but because I just finished my MSc in USA. And my idea was to settle down with my fiance in the UK, that is why I didn't apply for a full time employment because I was taking fron granted I was going to leave soon anyway.

d) Another reason for me not to stay as they might think is because of my degrees. I didn't waste my money and time studying for nothing.

My question is:

Can my fiance write a document or something to prove she is going to support me in those months during my visit?

You think 3 months is ok?

Basically I am going to do the same my fiance did last years for me. Even though I don't feel comfortable going there and doing nothing I think is my retribution for her. Because she was with me in a foreign country for years while I was doing my studies and work.

If you can think of any other problem I might have, let me know please.

Thank you very much.
 

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Under the circumstances, I think your proposed stay is far too long. Try for two or three weeks. Your lack of a job is going to be a killer. Do you have a lease or mortgage to get back to? Do you have any other compelling reason to return to the US? And your lack of money is also going to be a huge red flag. Your girlfriend can write a letter stating she'll support you but I think overall, I think it is an uphill battle.
 

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I cant understand why this guy is going to ask for the documents and make a new application.
I got the same email , and Joppa said to me just send me the docs that it's missing and probably it will be granted.
Why just dont send what it is missinh????
so, what it is different is this case Joppa?
 

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You clearly didn't meet the financial requirement so there is no point in appealing. You can't send any additional evidence as you didn't meet the criteria at the time of original application. So the only option left is to withdraw your application, lose your fees and then re-apply once you can meet the requirement, i.e. after being in job for 6 months.
You can travel as visitor in the meantime. Your prior withdrawn application is probably is on file so you can expect some questions at UK border, so have some answers ready, i.e. that you are re-applying once you can meet the financial requirement, which you will do after returning home. You haven't been technically refused but have been given a chance to withdraw.
I cant understand why this guy is going to ask for the documents and make a new application.
I got the same email , and Joppa said to me just send me the docs that it's missing and probably it will be granted.
Why just dont send what it is missinh????
so, what it is different is this case Joppa?
 

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Discussion Starter · #9 ·
We meet the requirements of GBP 18.600, but because we are under Category B (same job for less than 6 months) we had to prove that we met the requirements 12 months prior to the application.

So the mistake was to rush things. The solution is to withdraw the application, wait some months. Apply under Category A and should be enough.
 
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