Appeal Skeleton submitted : No response from HO

I had appealed my refusal (family visa route) in October 2023 and submitted my appeal skeleton along with the extra documents on 29th of Feb 2024. I got a notification saying Home office will submit their response in 14 days. Its 08 April 2024 and still have not heard back from HO.

Is this normal for HO to not submit any response within the given time frame? Unless they respond, we cannot hear from the Tribunal about the hearing date. My lawyer said there is a possibility that the HO might change their decision before going to the court.

Is it a good sign or a bad sign that the HO is taking so long? They had refused my application within a week of submission. But taking so long to respond to our statements. What should I do or Can I do in this situation?

- What was the refusal? (You need to give complete information; otherwise, it is impossible to provide sound guidance, as you stated that they refused within 1 week of submission.
- Unfortunately, there are no good or bad signs. It all depends on what documents and evidence you have submitted to satisfy the requirements of the application.
- The lawyer is partly correct in saying that HO can change their decision, but that is not certain.
- HO has, on many occasions, delayed submission, so not a surprise.

Thank you for your response.

It was for partner Visa. My partner is British and we provided all the evidence. Everything was on point as per the guidelines but the officer said he doesn't believe we are in a genuine relationship. They basically said the evidence of 4 years that we provided was not enough! Hence we appealed it.

Are you married or unmarried?

What is the exact wording of the refusal, taking out personal details?

What evidence spanning 4 years did you submit exactly?

- unmarried partner visa
- as per the guidelines we had to submit the proof of living together, holidays, joint bank accs, witness statements and other proofs. All valid proofs were submitted by us.
- my initial visa was refused as they said the relationship is not genuine - now we are appealing it cz we submitted more than enough documents! How else am I proving my relationship?
- sorry understand : What do you mean by 'taking out personal details'?
-We did that one with the lawyer too. Either there was something in the application or the officer was biased

Just for clarification : we have been living together for 3 years, just that we had a 6 months gap as my partner had to travel for work (all evidences were given to HO). His parents are of Indian origin although he was born and brought up in the UK and is a British citizen by birth. all the evidences like tickets, pictures, were also given to HO in addition to the main ones. Here is what the officer said in his refusal letter (it's a bit harsh):

You do not meet the eligibility relationship requirement paragraphs E-LTRP.1.1. to 1.12. because ____does not meet the definition of partner under paragraph GEN.1.2 and, as such, you do not meet paragraph E-LTRP.1.2.
You are not a Spouse or Civil Partner, you have not provided the required specified evidence that you are to marry Mr ____within 6 months of the date of your application and you do not have Fiancée LTE (meaning you cannot be considered as a Fiancée or proposed Civil Partner), and you have told us that you have not been living together with Mr ____ in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application. Therefore, Mr _____ not meet the definition of partner under paragraph GEN.1.2

You claim to have a partner in the UK, but it is not accepted that your relationship with your partner is genuine and subsisting. This is because as Mr___ does not meet the definition of partner under paragraph GEN.1.2, you do not meet paragraph E-LTRP.1.2 of the Relationship requirements. You therefore also fail to meet the requirement of paragraph E-LTRP.1.7. of Appendix FM of the Immigration Rules and the requirements of EX.1.(b) of Appendix FM so paragraph EX.1. does not apply in your case.

Although your partner is a British Citizen, who has lived in the UK for a number of years, has friends and family here, works here and speaks English and may not wish to uproot and relocate halfway across the world, and it may be very difficult for them to do so, this degree of hardship or inconvenience does not amount to a significant obstacle. European Court of Human Rights Article 8 does not oblige the UK to accept the choice of a couple as to which country they would prefer to reside in.

As a citizen of India, you are over 18 at an employable age and have provided no compelling evidence to suggest that you would not be able to fully support yourself and your partner in India. It is no more unreasonable to expect a settled person to relocate to a foreign country to pursue a family life than it would be to expect a foreign national to come to the UK for the same purpose. Therefore, if they so wish, it is open to your partner to return with you to India where you can enjoy your rights as a citizen. You would be returning to a country that you are both familiar with and therefore it is considered that you could fully support your partner whilst they adapt to life there.
As a result of this, you fail to meet the requirements of paragraph PL 5.1(b) of the Immigration Rules.

Is there a way to contact them about the progress? Or will my lawyer have to contact the tribunal?

The Home Office is not compelled to make a response. They can let the case run to appeal and rely on the refusal letter.
There are points I am struggling to get my head around. Perhaps I have misunderstood your situation.
Are you both living in India together as if you were married?
Live at the same address, share bills, joint bank accounts, have official records for government to demonstrate he has leave to remain in India etc?

No. We live in the UK together. We have all the evidences from here. I have previously lived in India but my partner has never (as I mentioned he is a British by birth) and we have been together for over 4 years and have been living together for over 3.
Home office has not responded at all. Even if they are relying on the refusal, they should respond to our skeleton so that we can at least get out hearing date. They ere meant to respond within 14 days of our submission and its been almost 2 months. We are stuck here, is there a way to follow up? and how long is too long for HO to respond?

There is no way to motivate the Home Office into providing a response. If they do all well and good, if not you will see the Presenting Officer at the appeal, if they don’t withdraw the decision beforehand.
Can I ask what immigration status you hold / held at the time of the application?