Appeal - UDI for family denied. Anyone got same experience? - Norway forum

Appeal - UDI for family denied. Anyone got same experience?

12POSTS

10 years ago

Hi! I just received the decision of UDI regarding my family immigration application and it is denied. We are planning to appeal for it. Is anyone here experienced the same situation that I have?

See also

Immigration visas for Norway - Guide
UDI family immigration waiting time - 163 Replies
Lawyer with International Family Law experience - 1 Reply
Appeal UDI after family immigration rejected - 27 Replies
Leaving Schengen while UDI family reunification case is processing - 2 Replies
Udi family immigration - 11 Replies
UDI: 2 month waiting period family visa - 6 Replies

stephy25 Serial expat

408POSTS

10 years ago

I have read one person here who has appealed and the decision was reversed and she got approved.

The most important thing is to have knowledge about why your case was denied. Once you have a clear understanding of the reason then you must be able to provide or meet the requirements they ask from you.

You can check this post as an example
With this one the reason she got denied was because of a missing paper but they appealed that they really submitted complete papers. Based on her post it didn't take months to receive the decision on the appeal.
Norway fiance visa got denied

1 member reacted to this post

ace16 Member

12POSTS

10 years ago

Thanks fo making time reading this. The reaso that they denied my application is because the salary of my husband didnt make the minimum. The rhing is they really didnt check the salary slips. They just calculate what is stated on the contract.

stephy25 Serial expat

408POSTS

10 years ago

If you can send them the concrete proof that your husband actually meets the required salary, i am sure you will have no problems

2 members reacted to this post

pheebz0501 Serial expat

347POSTS

10 years ago

hi ace.

i am so sorry to hear about what happened.

just to share, i think the salary slip is just to prove that ur husband is currently employed and he will be able to fulfill the FUTURE INCOME requirement.. he still need to have an income above the minimum for the previous year as part of the INCOME REQUIREMENT, and i think that is by checking his last year's income (selvangivelse), tho not sure for ur case if its 2013 or 2014, since u applied last year and i dont know which "previous year" they check -- if its the previous year from the time u submitted ur application or previous year from the time they actually started working on ur case..

that being said, to be above the income requirement, it means he needs to be above the minimum income for the past year, current year and most likely in next year.

so like stephy said, you should try appeal your case. this is ur best option, in my opinion too. appealing the UDI decision is free. and if u can prove that ur husband is above the income requirement, then there shouldn't be any problem

case officer may have just probably overlooked information on ur case, and if this is what happened, it is not difficult to reverse their decision

wish u all the best

1 member reacted to this post

ace16 Member

12POSTS

10 years ago

I hope this will be easy. The problem now is his income in the future because the company that he is working before closed. So now he has a new job but his income is not like as much as before. We are worried that I will be needing to go back to the Philippines.

stephy25 Serial expat

408POSTS

10 years ago

It is ok if it is not as much as before. As long as it meets the amount that UDI required.

But if it doesnt,sadly yeah you may have to go home. There was an applicant here before who had her application rejected because her fiance or husband was like 1000 kroner short from thee required amount.

Or wait for more reaponses maybe some of our fellow members here have an alternative solution to this

ace16 Member

12POSTS

10 years ago

OH! They are so strict. I just hope that they will consider my appeal.
Thank you

pheebz0501 Serial expat

347POSTS

10 years ago

hi ace.

ur husband's current salary will be checked if it is above the requirement (which as of 2015 is NOK 252 472 per year pre-tax).. this is for the reason that UDI has to make sure that the sponsor can support the applicant if ever she cannot find a job yet.. also, the FUTURE INCOME requirement on ur first residence permit application will become next year's INCOME REQUIREMENT when you renew your residence permit, that's why it is important that his current job is also above the minimum...聽

and like stephy said, it doesn't matter if his new job doesn't earn as much as the old one, as long as his basic monthly salary x12 will be above the income requirement for 2015 (not sure if they count overtime in determining future income).. an alternative is if you're currently holding a visa that allows u to work, or u are currently employed, ur income can be added to his..聽 so both ur salaries can fulfill the income requirement..

also, please bear in mind that not all cases following a rejection allows you to stay in Norway while UDI processes your appeal.. it is possible tho, to ask them if u can stay in Norway while UDI is processing ur appeal.. you can check more info here:

i wish u the best of luck

1 member reacted to this post

ace16 Member

12POSTS

10 years ago

#10

Thanks Peebz! The thing is my au pair resident permit has long gone. I got a letter from UDI before that I can stay here while my application is being processed and when I appeal the decision. I am ready to work long time ago but I dont have the permit to work. I guess we will be hiring a lawyer and hope for the best. I waited for 14 months for the result but its not worth waiting for聽

pheebz0501 Serial expat

347POSTS

10 years ago

#11

just to add and to share as well... in my opinion, this is what i think the requirements are for:

* Employment Contract - this will ensure that the sponsor is currently employed and will more likely to be employed in the coming year/s. so this will satisfy the FUTURE INCOME REQUIREMENT
* Salary slips - this will satisfy the required minimum salary for the CURRENT YEAR and also the FUTURE INCOME REQUIREMENT.
* Last year's income or selvangivelse - this will satisfy the PREVIOUS INCOME REQUIREMENT
* Documentation from NAV - this is to ensure that the sponsor have been employed ( or at least getting an approved income) for the past 12 months.. also satisfies the PREVIOUS INCOME REQUIREMENT

all these four are checked to be sure the sponsor have a stable job and a stable flow of income to be able to support the applicant...

for my case, my husband's salary 2yrs ago was a couple of thousand below the previous year's minimum salary requirement.. we thought about "gambling" and submitting our application, hoping聽 that the 1year wait will make them check the current year instead of previous.. but i was strongly against it.. so he had switched jobs, and we waited for more than a year before we applied for a residence permit.. that was to make sure that both his 2014 and 2013 incomes are above what is required.. and im glad we did it that way, coz we got approved this year without any problems about his income

fornight Serial expat

395POSTS

10 years ago

#12

Why don't you try to look for a job first and get the contract and apply for another visa?聽 I am not sure which visa you are qualified for but a skilled worker visa takes very little time to process as long as you have a job contract.

TextheNorse Member

23POSTS

10 years ago

#13

You are NOT able to have more than one application at a time.

If they have a family reunion application going, they can't apply for another visa.

fornight Serial expat

395POSTS

10 years ago

#14

you can send in more than one application....just that when you send in the second one, the first one will be automatically terminated from further processing.

Only the last application is considered valid for processing.

ishgee25 Member

24POSTS

10 years ago

#15

Is it possible that my partner's parents can be a sponsor as well incase my partner's salary doesn't meet the minimum income requirement?

fornight Serial expat

395POSTS

10 years ago

#16

yes, i think so.聽 I have a friend who got her husband's cousin to sponsor for her.聽 not sure how it works but she got the visa.

Nadkiz007 Active member

81POSTS

10 years ago

#17

Hi I applied recently

My situation is this in 2014 her total income was 305000 which was above 300000 the required amount.but this income was from both her permanent and part time job. with her permanent job it was 216000.

In 2015 she got 2 permanent jobs (1 is 60% and other 41%) the second one she got letter to start from November and the income together obviously more than the required amount.

will it be a problem? what do you think? both are permanent jobs from the kommune. please let me know

TextheNorse Member

23POSTS

10 years ago

#18

You must document that the reference person have an income of at least NOK 252 472 per year pre-tax and have earned at least NOK 251 856 in 2014 pre-tax. See for more information.

pheebz0501 Serial expat

347POSTS

10 years ago

#19

hi seibikulu
as long as they are in UDI's list of approved income like income comming from the employer (and not NAV), then you should be fine..

Maricris1991 Member

17POSTS

10 years ago

#20

Hi everyone ... Im sorry for this unrelated question but i just wanna ask about how can i enroll a norwegian corse? And where? Im in oslo now ..
I am hoping for your reply
Thanks
Good dAy

pheebz0501 Serial expat

347POSTS

10 years ago

#21

hi maricris.

as far as i know, fianc茅e permit alone doesnt form the basis for permanent residence, so i dont think you are entitled YET for free tuition on Norwegian language course. but if you are already married to a Norwegian citizen, then you can get it free and its actually your obligation.

Moving forward, Norwegian language course is part of the Adult education program of the kommune, so you can ask your kommune in oslo for a list of adult education services.

but PLEASE refrain from posting UNRELATED QUESTIONS... this is about appeal for UDI rejection.. FEEL FREE TO START YOUR OWN TOPIC.. thanks

daisytt New member

7POSTS

10 years ago

#22

Hi, our application was denied because the udi thinks that our future income will be 60,000 kr short.聽 and we are planning to appeal. I am going to ask to stay while the appeal is being processed do you think they will allow me to? and are we able to update information while it is being processed?

pheebz0501 Serial expat

347POSTS

10 years ago

#23

hi daisytt..

i am sorry to hear that your application had been rejected..

this is what is said on the UDI website:

Can you stay in Norway while we are considering your appeal?
- If your application for a residence permit or visa is rejected, you will normally be given a deadline for leaving Norway, normally three weeks. If you wish to stay in Norway while the UDI or UNE is considering your appeal, you can apply for this. (This is called deferred implementation of the decision.)
- If we say yes, you can stay in Norway until your appeal has been decided.
- If we say no, you must leave Norway within the deadline you have been given. If this deadline has already passed, you will get a new deadline for leaving Norway.

source:

to be able to stay here while the appeal is being processed, you have to apply for it. they can either approve or reject your application to stay while your appeal is being processed...

to appeal, you have to write a letter that explains why you think their decision is wrong. since the rejection is about the "future income", it may help that you include an updated income documentation (contract of employment, salary slips)...

hope this helps, and i wish you good luck

daisytt New member

7POSTS

10 years ago

#24

Thanks for your reply. The thing is that my husband finishes his engineer studies at the end of next month and it is most likely that he will get a well paid job that will be more than enough for the required future income but seeing as he does not have a contract yet,聽 will they take this into consideration?

pheebz0501 Serial expat

347POSTS

10 years ago

#25

realistically, a good education does not guarantee a high paying job.. even an existing job does not guarantee future income (coz anything can happen), although a concrete and signed job contract is the closest thing that works as a proof of this... so i dont think that a future degree will be considered as proof of income, because UDI will need a solid documented proof of this...

ECS Norway Expert

1566POSTS

10 years ago

#26

pheebz0501 wrote:
realistically, a good education does not guarantee a high paying job.. even an existing job does not guarantee future income (coz anything can happen), although a concrete and signed job contract is the closest thing that works as a proof of this... so i dont think that a future degree will be considered as proof of income, because UDI will need a solid documented proof of this...

This is especially true right now! I know so many highly qualified, experienced engineers who are out of a job in Norway due to the change in oil prices.

daisytt New member

7POSTS

10 years ago

#27

What would be a reason why they would not allow someone to stay during the appeal process?

lhen14 Member

2POSTS

9 years ago

#28

Good morning everyone!
聽 Please can someone聽 gives us an idea/opinion or suggestion what we will do about our case.Yesterday i got a letter from UDI that my application for family immigration was rejected,the reason is my husband's salary is not enough for the required minimum salary.But on his tax return its more than聽 the required minimum salary.He has a work but few months ago he got sick and got a money from NAV and the UDI said the money from NAV was not counted as income.We will appeal it hopefully someonee here can give us an idea.Lastly i want to know, is it ok if we will get a co-sponsor with my husband like his mother/father or my brother-in law(my sister's husband) when we appeal my case?

Zoozo1 New member

4POSTS

9 years ago

#29

Me and my husband got refusal from.udi that udi dont belive our marriage ,its think its fake because there is an age diffrence 16 years ,they didnt refuse us off my salary ,so we gonna appeal,anyone experience with this ,hope anyone can help us off what we should do

GODPlease New member

5POSTS

9 years ago

#30

Hi did you get your approval now? After appeal ?

GODPlease New member

5POSTS

9 years ago

#31

Hi what happened now are you here in Norway ?

Carriebennet Active member

28POSTS

8 years ago

#32

Hi i was denied 3 months ago .. family reunification ...then I sent an appeal letter then UNE Take place .. now they sent an email that I need to send copy of my identity documents .. I sent my sss/ drivers / and passport copy聽 again ... I hope this will help ..聽聽GOODLUCK everyone !!!

Carriebennet Active member

28POSTS

8 years ago

#33

Hi did you got an approval now? The requirements are now low 馃榾

Shamsah Member

2POSTS

8 years ago

#34

Hey, so i am wondering if I can appeal for a residence permitt after my residence was revoked due to over staying abroad for education. If so any advise on how I can appeal?

alina4384 Contributor

129POSTS

8 years ago

#35

Shamsah wrote:
Hey, so i am wondering if I can appeal for a residence permitt after my residence was revoked due to over staying abroad for education. If so any advise on how I can appeal?

You must appeal before the deadline and hope this link gives you a detailed info:

Shamsah Member

2POSTS

8 years ago

#36

Thanks for the help.

qubs Member

1POSTS

8 years ago

#37

Hi,
I want to renew my family reunification visa, my husband is a master student and we get a scholarship that funded us three (with my son).
We have the letter that stated that the scholarship will covered all the living fees (slightly above the minimun requirement), but since my husband is not an employee, he doen't have a payment slip.
In our case, does the letter of guarantee from our scholarship is enough?

Thank you

hekatte Member

2POSTS

8 years ago

#38

hi,
My bf and I had also rejected our application for family immigration resident card due to missing document. To appeal from this decision he needs to go back to his home country and collect missing document and apply for tourist visa again to come back. He already had been staying in Norway more than 90 days during last 180 days which means he has to wait before applying again for tourist visa. Anyone had similar experience? Is it possible to have pending case at UDI and go temporary visa just to come back again to Norway and complete the case?