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

My pension starts in Nov as of then I will meet it based on the old rules. But in the email they said they were sending all my documents back until they had guidance on the new legislation. But they still haven't sent those back

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Have you looked to see if you will qualify under these new financial rules for the 10 year route based on your British children?

A refusal means they keep your fee and only the Immigration Health Surcharge is returned.


Have you costed out changing from the 10 year route (if you get it) to the 5 year route?

My pension kicks in, in Nov so with that and savings I would make it under old the 5 year plan. We applied early as we had a horrible immigration advisor who assured us it would be fine. I have a ton of saved holiday though so I will be getting full pay until then. We documented all this and had government letters etc showing my pension would start one month after. Under the old rules though I would need to be receiving the pension already for it to count. I'm thinking we might still get the 5 year but if not I know by the time we get the visa I'll already meet the requirements for the 5 year so I'll just apply for that in country. We also both had confirmed job offers which I noticed should be taken into consideration.

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I'm thinking we might still get the 5 year but if not I know by the time we get the visa I'll already meet the requirements for the 5 year so I'll just apply for that in country. We also both had confirmed job offers which I noticed should be taken into consideration.

If you get the 10 year route under the new rules, you pay about 1k (?) fee for that plus the Immigration Health Surcharge of £200 a year x by the lengh of your visa. i.e. 30 month visa = £500 IHS

If you then change in country to the 5 year route a few weels later, you pay the visa fee for that of ? (someone on here will know) and the Immigration Health Surcharge again of £500 for that new 30 month visa.

You won't get a rebate on the visa fee you have already paid and I haven't read anything that says you will get a rebate of the IHS. Normally when people change visas, they don't get a rebate of the IHS as it was their choice to change visas.

If they refuse the visa application you have in atm, they keep the fee and return the IHS payment.

Yea I'm not worried about having to pay it again, whatever gets us there first. If I pull my application I'll have to wait till the end of November to reapply (when my pension kicks in). So I might as well see if I get approved in the mean time

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We also both had confirmed job offers which I noticed should be taken into consideration.

Page 55 and 56 of the government's link states that if you don't meet the financial requirement, but -


"refusal of the application could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child, (taking into account, as a primary consideration, the best interests of any relevant child affected by the decision)."  (their bold).

then the decision maker will consider other credible and reliable sources ...........................

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636615/Appendix_FM_Section_1.0a_Family_Life_as_a_Partner_or_Parent_-_5-year_rou....pdf



It reads like there might be a part to meet, to then be considered for the next part? That's how am I reading it, but I'm not a lawyer. You can read it for yourself from the link I gave above.

If I am right (and I hope for your sake that I am not) with your dual US/UK citizen children already living in the US with you and their mother, you already have your family life (Article 8 ) there. How would you meet the - refusal because you can't make the financial requirement causing unjustifiably harsh consequences part of these new rules? I'm more that happy to be corrected and to be wrong. As I said above, I'm not a lawyer nor am I an immigration advisor.

So a little update on our process, I have reached out on a ton of forums and could only find one other person who actually had it put and hold and it's still on hold. We did however receive an email this week stating they aim to reach a decision by 31 Oct, I was wondering if anyone else has gotten an email along those lines? Thanks Again

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So a little update on our process, I have reached out on a ton of forums and could only find one other person who actually had it put and hold and it's still on hold. We did however receive an email this week stating they aim to reach a decision by 31 Oct, I was wondering if anyone else has gotten an email along those lines? Thanks Again

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Loads of people have got that same email.

Loads of people have got that same email.

Well that's Sh*tty as it most likely means nothing then

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Well that's Sh*tty as it most likely means nothing then

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As I said above, I doubt that everyone will get this 10 year route to enter the UK and many will still get refused. There is the "unjustifiably harsh consequences" and "best interest of the child" problem for you that I mentioned above. You and your family are already having your "family life" together in your own country.

The "best interest of the child" is hard to meet as it had to be changed due to all the abuse with the UK bringing in the two new immigration laws that now make it hard for illegals it live in the UK e.g. it was easy for illegals to work and use the NHS without paying before these new laws.  Having a baby/using a child, to try to stay in the UK on "best interests of the child", became a well worn path used by overstayers/illegals as the UK doesn't have the  "anchor babies" that the US has. A childs "best interest" is to be with their parents. Your children are citizens of the country they are presently living in/could easily live in, with their parents.

Ha i see what your saying but if i pull my application now i'll lose the money anyways, so i might as well wait for the decision so my first application isn't wasted.

Has anyone thats had an application on hold had a decision yet?