Category Archives: IMMIGRATION

Living, working, or visiting the UK offers countless opportunities. However, it can be extremely disheartening when a rejection letter arrives for your visa application. The UK visa process can be frustrating, especially when the information available makes it seem straightforward.
However, the reality is often more complex.

Many applicants realise they have missed crucial details only after facing rejection. So, what options do you have post-rejection?

While we’ll explore possible avenues below, it is essential to recognise that visa processes vary based on the type of visa sought. Therefore, seeking guidance from an experienced immigration solicitor tailored to your situation is crucial.

 

Common Reasons for Visa Refusal 

When facing the disappointment of a visa rejection, one of the most frustrating aspects is often the lack of clarity surrounding the decision. It is essential to pinpoint the reasons behind the refusal to prevent similar mistakes in the future.

Based on our expertise, visa applications frequently fail due to incomplete submissions, leading to various issues such as:

 

1. Failing to Submit Proper Documentation: When you apply for a visa, you will need to provide a range of documents, which can vary depending on the type of visa you are seeking. A common problem is demonstrating sufficient funds for your stay and explaining where those funds come from.
2. Formatting Errors: It is not just about having the correct documents; they must be properly formatted, whether in chronological order or even using the right ink colour.
3. Insufficient evidence of a relationship: Particularly relevant for spouse visas, you must demonstrate the authenticity of your relationship through documents like shared living arrangements, marriage certificates, or proof of children.
4. Unreliable Advice: Each visa application is unique, so avoid relying solely on advice from non-experts. Seek guidance from experienced immigration professionals.
5. Relying only on the advice from the Home Office or UKVI: Even information from the Home Office or UKVI should be supplemented with expert advice due to the limited legal training of call handlers.
6. Failure to Meet Requirements: Visa criteria are stringent, leaving no room for error. For instance, if a spouse visa requires a minimum salary of £29,000, falling short by even £100 can result in rejection.
7. Non-Disclosure: The Home Office is thorough, and omitting crucial details like criminal convictions can lead to automatic rejection.
8. Wrong Visa Application: With numerous visa options available, it is easy to apply for the wrong one, resulting in refusal.

 

What Steps to Take After a Visa Rejection

If you have recently had your visa rejected, it is wise to seek assistance from a seasoned solicitor for your next steps. While a previous rejection won’t necessarily stop you from obtaining a visa in the future, multiple refusals can complicate matters.

If you have faced a recent rejection or refusal, contact us today on 01254 942 698 to discuss this further. 

Family Visa Minimum Income Requirement Raised to £29,000

Effective April 11, 2024, the minimum salary threshold for UK family visas is set to rise to £29,000. This adjustment is outlined in the recent amendment to Appendix FM of the Immigration Rules, as detailed in the Statement of Changes to the Immigration Rules (HC 590) presented to Parliament on March 14, 2024.

What factors led to the increase?

The Explanatory Memorandum accompanying the Statement of Changes clarifies that the decision to raise the minimum income requirement for family visas is primarily due to the fact that the previous threshold (£18,600) had remained unchanged for more than ten years. The memorandum highlights that this previous threshold no longer adequately reflects the income necessary for a family to be self-sufficient without relying on public funds.

Further to the above explanation, it’s important to recognize that this adjustment is part of the government’s strategy to decrease overall migration into the UK. The Explanatory Memorandum emphasizes the broader context in which these significant actions are being implemented.

“5.18       The new minimum income requirement has been set at a level which is based on earnings as well as benefit levels to help ensure that migrants are more likely to make a net positive contribution to the public finances. This includes supporting the aim to reduce the overall level of net migration, which is too high. This change will also support the Government’s wider ambition for the UK to be a high-wage, high-productivity, high-skill economy.”

What has changed and when will it come into effect?

The minimum income needed for family visas has been significantly raised from £18,600 to £29,000 starting April 11, 2024.

Will this affect the cash savings required instead of income?

While applicants can still use cash savings as an alternative to income, the required amount of savings has also gone up. The total cash savings needed have increased from £62,500 to £88,500.

To give you an idea, individuals must have at least £16,000 in savings to consider using cash savings. Appendix FM outlines the calculation method for cash savings, which is: (total cash savings – £16,000) ÷ (length of leave grant: 2.5 years) = must equal at least £29,000. So, if individuals solely rely on cash savings, they need to demonstrate £88,500 in savings, calculated as follows: (£29,000 x 2.5 + £16,000 = £88,500).

It’s important to note that those with less than £88,500 may still be able to combine other permitted income sources, such as employment, to meet the requirement.

Who will be affected by the increase?

The recent changes will primarily affect new applicants to the family visa category, which includes children, spouses, civil partners, unmarried partners, fiancés, and proposed civil partners.

For individuals already holding a family visa under the five-year settlement route and seeking to extend their stay or apply for indefinite leave to remain with the same partner, the assessment will still adhere to the previous £18,600 income requirement. Similarly, applications submitted before the April 11, 2024 deadline will be evaluated based on the existing threshold.

These details are confirmed in the Explanatory Memorandum:

“5.20.     Once a minimum income requirement (MIR) has been met, the same MIR must be met through to settlement on the route, provided the applicant is applying to stay with the same partner. This will also be the case for children seeking to join or accompany a parent. These arrangements provide certainty for those already within the route, or who apply before the increase comes into force.”

We highly advise anyone considering applying to do so promptly, especially if they might not meet the higher income threshold.

Additionally, it’s crucial to note that individuals currently in the UK under a different visa category who plan to switch to the five-year partner route after the income requirement hike will need to meet the new income standard.

What can individuals do if they cannot meet the new threshold?

For those unable to meet the increased threshold, there’s the possibility of applying under the more challenging ten-year settlement route, which involves four stages of 30-month periods.

This route is deeply rooted in Human Rights principles (ECHR Article 8), demanding partners to demonstrate exceptional circumstances and insurmountable obstacles to their family life outside the UK. Applications involving children need to prove that it wouldn’t be reasonable for them to leave the UK, and in general, a potential rejection would violate human rights due to unjustly harsh consequences for the applicant or their family.

These applications are intricate and necessitate professional legal assistance alongside substantial evidence to justify the individual’s need to enter or remain in the UK based on human rights grounds.

Are there going to be further changes affecting the minimum income requirement?

Yes, there are more adjustments planned. The government aims to increase the minimum income requirement even more, eventually reaching £38,700. However, specific dates for these potential increases have not been disclosed yet.

For further information on Statement of Change to Immigration Rules, please visit: Statement of changes to the Immigration Rules: HC 556, 19 February 2024 – GOV.UK (www.gov.uk)

Contact our Immigration Solicitors
For Expert advice in relation to UK visa applications & Free Consultation please get in touch with us on 01254 942698 or fill out a form Contacts – Zenith Lawyers and our expert Immigration Solicitor will get in touch with you.