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Discussion Starter · #1 ·
Hi y'all! I was wondering if anyone might be able to offer help or advice. I am a U.S. citizen and my husband is a U.K. citizen. A week ago I received a refusal of entry clearance in response to my application for a UK spouse visa. The refusal was based on the grounds that my husband had only been employed at his current job for 2 1/2 months at the date of application and his income from the past 12 months did not amount to 18,600. However, his current salary is 20,540 and he has now been employed at that job for 4 1/2 months. (Our application processing time was 2 months.) We satisfied all the other criteria for the application.
Would it be worth it to appeal the decision? Do we have any chance of winning the appeal? We make enough money and his employment is permanent and full time...it's just that he hasn't been employed in England for very long. Also, if we do appeal, about how long might the appeal process take? Any help would be GREATLY appreciated! My husband has been separated from our two year old daughter and I for months now due to immigration troubles and we really want to be reunited as a family as soon as possible! Thank y'all in advance! :fingerscrossed:
 

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No chance of winning your appeal. You were correctly turned down because under Cat A, he hadn't been with the same employer for 6 months, and under Cat B, he hadn't earned £18,600. So your only chance is to re-apply when you can meet the requirement - either after 6 months in his current job (Cat A), or when he has earned £18,600 in the past 12 months (Cat B).
 

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Discussion Starter · #3 ·
so this is in no way effected by the fact that the high court has just declared the financial requirement unreasonable and that all visa applications wherein the financial requirement may or may not be met have been put on hold?
 

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Discussion Starter · #4 ·
...because if my visa decision were made 2 days later, my application would have been put on hold as well and who knows what would have been decided, i feel like that must have some bearing on the situation
 

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...because if my visa decision were made 2 days later, my application would have been put on hold as well and who knows what would have been decided, i feel like that must have some bearing on the situation
Even if they reduce the amount required, unless they also reduce the amount of time one needs to be in the job, your application would still fail.

Your husband was in his job for only 2.5 months when you applied and the rules call for 6 months in employment.
 

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Even if they reduce the amount required, unless they also reduce the amount of time one needs to be in the job, your application would still fail.

Your husband was in his job for only 2.5 months when you applied and the rules call for 6 months in employment.
Not only that, but even if you met the 6 months' requirement and UKBA decided to put your application on hold, there's no telling how long your application could be held. Better to wait a few more months until he's been working for at least 6 months, and re-apply. You'll get a faster response.
 

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If they reduce the amount and you then qualify under Category B - total income over the past 12 months, you may then be allowed to appeal against their decision retrospectively (you only have 28 days in which to lodge an appeal). But we don't know what their response to the High Court judgement will be so I suggest you start working on meeting the current rules until you hear something concrete. There is no point in appealing now, as you have to state on appeal form what you consider as the grounds for your appeal and you cannot say in anticipation of rules change and its retrospective application.
 
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