Application on Hold 22 Feb High Court Ruling! What to do now?!

Okay so this morning i received the following two emails:

The first at 03:17am PST

Thank you for applying for a UK visa. Your visa application has been received and is under consideration.  We aim to process non settlement applications within 15 working days (unless you have opted for the Priority Visa service), and settlement applications within 60 working days.

Unfortunately, the processing of your application has not been straightforward and we will be unable to decide your application within our customer service targets. We are continuing to work on your application and aim to make a decision as soon as possible.

We will write to you again if there is any change to this. Please do not attend the Visa Application Centre until you have been advised that your application has been decided and that your passport is ready for collection.

Kind Regards,

UK Decision Making Centre



The Second at 03:18 PST

Following a Supreme Court judgment on Wednesday 22 February 2017, the Home Office has paused decision-making on some applications under Appendix FM to the Immigration Rules. The applications affected are those failing to meet the minimum income requirement for a spouse/partner visa and Appendix FM applications falling for refusal which involve a child.

The reason for this pause is to enable the Home Office to consider the implications of the judgment. All other applications will continue to be decided as normal.

As a result UKVI is currently unable to process your application and your documents are being returned whilst this pause is in place. If you submitted a passport with your application, this will be returned to you under separate cover through the Visa Application Centre where you applied.

As soon as we are able to conclude your application we will contact you on the email address you provided within your application.



Yours sincerely
UK Visas and Immigration


I am applying for a Spouse visa from the USA, my wife and two children are all British citizens. I used "http://www.visa-office.com" as my immigration advisor which i fear was a huge mistake!

So sorry about this.  What category did you apply under?

Has the UKC earned £18,600 in the past 12 months AND have a job starting in the UK in the next 3 months paying at least the minimum?

Or did you use cash savings of £62,500?

You may want to list all of your documents & how you are meeting the financial requirement that you submitted here? It seems there are some strange emails being circulated as a result of the processing delays, but people can advise if there's anything glaring that might require a new application if this one is denied, or if you have everything and should contact your MP.


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a little background I lived in the UK from 2008 to 2016 with the USAF. Where I met my wife and we had our two children, last year I was moved back to the states for my final year of the military.

The Visa Office was an absolute waste of money, we have 38K pounds in savings and will be receiving $1,800 a month from my pension. Also due to the amount of Holiday i have saved i would keep receiving my full salary of $5070 a month until the November.

My wife is a stay at home mum as we have two small children (1 & 3) and she just stopped receiving maternity pay in oct of 2016.

We sent in 1 year of statements showing our 38K pounds in saving along with Onada conversions.

We also sent in all my Pay stubs for the last year and letters confirming i would receive full pay until November as well as all the documents confirming my pension start dates and amounts

we did also send my wife statements for the last year as well just in case.

here is the document list thats part of cover letter from the visa office


DUSTIN XXXXX; lodges for your consideration the following documents in support of his application for Entry Clearance to join his married partner’s family in Kentford, Newmarket
Unless otherwise stated the documents are original.
1. 2x recent colour passport sized photographs (35mm x 45mm) Dustin
2. 1x recent colour passport sized photograph Melissa
3. Current valid passport and all previous expired passports for Dustin
4. A certified copy of Melissa’s valid British Passport
5. Letter of Sponsorship from Melissa XXXXX
6. Photos of Dustin and the family on different dates and occasions (date on reverse)
7. Correspondence addressed to Dustin and Melissa at your current/previous residential
address(es) over the most recent 2+ year period
8. Current home mortgage statement/rental agreement
9. Statutory declaration (Affidavit)
10. Bank statements which clearly show any evidence of income.
11. Oanda FX conversion back-dated to time of deposit www.oanda.com
12. Dustin’s most recent 12 month payslips from USAF
13. Dustin, Tax Return to the US Tax Authority
14. Evidence of savings for both Melissa and Dustin
15. Dustin’s current employment agreement with the US AF
16. Correspondence confirming his expectations for a pension in his retirement in November 2017
17. Evidence of Dustin’s qualification (certified copies would be acceptable)
18. Letter from Aeropeople, Cambridge
19. Original letter from Mr and Mrs XXXXX confirming accommodation for Dustin, Melissa, & Kids
20. Evidence that Mr and Mrs XXXXX rent 6 Herringswell Road, from Flagship Homes.
21. Original marriage certificate and licence
22. Original birth certificates for Melissa, Dustin, & Kids
23. Download of the VAF4 application signed and dated
24. Completed VAF 4 Appendix 2 Financial Requirements
25. Letter of Authority
26. Employment letter for Melissa
28. Decree absolute from previous marriage with XXXXXXX

a little background I lived in the UK from 2008 to 2016 with the USAF. Where I met my wife and we had our two children, last year I was moved back to the states for my final year of the military.

The Visa Office was an absolute waste of money, we have 38K pounds in savings and will be receiving $1,800 a month from my pension. Also due to the amount of Holiday i have saved i would keep receiving my full salary of $5070 a month until the November.

My wife is a stay at home mum as we have two small children (1 & 3) and she just stopped receiving maternity pay in oct of 2016.

Unfortunately as the USC, your pay does not count and while your pension would, it doesn't sound like you have started receiving it yet? (You have to have been receiving the pension already for 28 days before the application date for it to count.)  If this is the case then all you can count is the savings which isn't enough by itself.

Absolutely lost for what to do now! Application is on hold so its not like i can reapply. Also I'm guessing i can't travel to the UK on a visitor visa either

Okay, so you are NOT currently receiving your pension?  If that's correct, that's the problem. 

After you've been receiving the pension for a minimum of 28 days, reapply and you'll qualify.

Ah, okay, well none of your current income can count for the visa because you don't have the right to work in the UK yet, and your pension cannot be considered unless you have already been receiving it for at least 28 days at the time of application.

So, I believe they will have ONLY considered your £38K in savings, which are £22,500 short of meeting the requirement.

In order for your wife's income to be considered, she would need to have shown:

- earnings over the last 12 months of the minimum amount required when combined with the savings (£9,800)
AND
- a guaranteed job offer in the UK starting within 3 months and paying the minimum required when combined with the savings (£9,800 per year)


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Can i reapply? it doesn't say denied and as far as I'm aware they are only going to send my passport back not my documents

You can reapply AFTER You start to draw the pension.

Has anyone done the calculation, it looks like it'll be close even with the pension?

But it says on Hold not denied, hence why i was asking if i could actually reapply? Also i now have a rental income of about $1400 a month so i know i could make the limit

BTW i thought i had to wait till my i started receiving my pension as well. But the visa office was adamant that any income i would continue receiving while in the UK would count hence why we went ahead with the application and got the documents showing I would finish work this month but continue to get my full salary until Nov 20th. hence why I'm so pissed about the Visa Office thing, seems like i know more than they do and they charge 1700 quid