Sorry to hear about the refusal - even though you knew it would happen.
My questions are : even though my old case is in appeal, can I go ahead and make a new application for a visa?
You may need to cancel/withdraw the appeal first, but yes, you should be able to apply for a visa.
However, I would not rely on the new visa rules regarding income if it is at all possible - those are for applications that do not meet the visa requirements and are issued outside the immigration rules (based on Article 8, right to family life, if there are UK citizen children involved who can only live in the UK and not in the US), and you REALLY don't want to be on that path if you can help it.
You'd be looking at 10 years to ILR and citizenship, instead of 5 years, and paying over £3,000 every 2.5 years for a new visa. I'd estimate you'd be looking at around £15,000-20,000 in visa and citizenship fees over the next 10 years, since the prices are rising every year (compared to maybe £10,000 over 5 years if you can qualify for the visa).
So, is there any way you can meet the financial requirements WITHOUT needing to rely on the changes in the income rules?
Either:
- your husband has a job offer in the UK paying at least £18,600 and starting within 3 months of moving back AND he has earned at least £18,600 in the US in the last 12 months
OR
- your husband has a job offer in the UK paying at least £18,600 and starting within 3 months of moving back AND he has been with his current US employer for at least 6 months, earning £18,600 all of that time, and he is still employed by them on the date you apply for the visa
OR
- you have £62,500 in savings between you, held in full in your account(s) for at least 6 months. You can use pension savings (i.e. 401K) as long as they are immediately accessible. Or if the savings come from proceeds from the sale of property you own, you just need to have owned the house for at least 6 months before the sale
OR
- Between you, you have at least £18,600 in non-employment income that will continue in the UK (income from property you own, interest from stocks and shares, academic maintenance grants etc.)
Also... Which visa would I be applying for now that my husband and I are 12 yrs married, with 7 yr old twins... They all have British citizenship. Surely it wouldn't be the same visa I had previously? I'm sure there is no need for me to prove any genuine relationship etc...
You need a spousal visa. It is the same visa you had previously and you have to prove a genuine relationship for every single visa application. In this case, you will need to prove you have been married and living together for the last 12 years. Then for the future visas, you'll need to show you have been living together in the UK for the length of the visa.
See here:
https://www.gov.uk/uk-family-visa/partner-spouse
