ILR PEO Application - PEO Service Denied/Open H.O. File

Hi

I was just wondering if anyone can assist me in clearing up exactly what has just taken place today on attending Birmingham PEO to apply for my wife's ILR as we are somewhat puzzled.....

We attended the appointment today and felt quietly confident having a ( we thought, well-prepared) folder of documents showing proof of living at the same address over 2+ years and means to support ourselves along with all the other requisites, passport photos and extra documentary evidence should it be required.

The ECO (who incidentally was quite polite and welcoming) checked our forms, passports and photos were present and then asked us to bear with her for a few minutes whilst she checked Home Office records.

We were shocked when she told us that unfortuately it was not possible to carry out the application as my wife had a Home Office file open.

Our circumstances have not changed since her Spouse visa was issued two years ago, we have both been in full-time employment and she has not spent excessive time out of the country (a few long weekends in EU countries about 4 times in 2 years is all).

The ECO checked all of our documents and told us that "it seemed like a straightforward application" but would have to be made as a postal application because of the "open file" issue.

My wife was previously refused an FLR student visa before we were married and her spouse visa was (eventually) issued overseas at the British High Commission (Nairobi) rather than by the Home Office - we are wondering whether one or both of these elements have caused the problem today?

We had hoped to avoid sending off my passport as I have a family commitment abroad that means I need to travel at the end of this month (hence the PEO appointment) and apart from this are now worried as to what the "open file" means. We have no reason to believe that she should be refused ILR (by our or the Home Office's standards) but today has been a bit of a shock and made us wonder what the problem could be.

Can anyone suggest what might have happened here and whether we should do anything else to clear up whatever the problem is along with applying by post?

Many thanks for any assistance you can offer!

Hello mzungu,

I'm sorry to hear that and can understand what you might be going through as even my visit to the PEO Birmingham proved futile a few days ago. The only positive I took out of it was atleast I didnt need to pay £950.

I am not an expert, and cant comment on what the "open file" could be, but may be you can apply for a SAR file from the home office which carries every bit of information related to the immigrant and their past applications. Maybe that will shed more light on the issue. Unfortunately the SAR file can take upto 8 weeks to arrive and can be quite slow, but it only costs £10 and is quite a good document to have.

Details on how to request a SAR report are available on the UKBA website at the below link:
http://www.ukba.homeoffice.gov.uk/sitec ... tion11.pdf

Hope this helps and wish you good luck.

Regards,
A

mzungu, somebody else on the forum reported a few months back that their application could not be processed at the PEO (don't think it was a spouse ILR) because of the open file and had to do a postal application as well.

It seems like an "open file" makes it technically impossible to proceed with the case on the HO system. The other UKBA-affiliated members on the forum might give you a bit more insight into the problem but at the moment, it looks like the only option is to wait.

paulp wrote:mzungu, somebody else on the forum reported a few months back that their application could not be processed at the PEO (don't think it was a spouse ILR) because of the open file and had to do a postal application as well.

It seems like an "open file" makes it technically impossible to proceed with the case on the HO system. The other UKBA-affiliated members on the forum might give you a bit more insight into the problem but at the moment, it looks like the only option is to wait.

Guys this 'open file ' issue worries me now. I applied for TIER1 in November 08 and was refused based on maintanace funds. But because I am still on valied WP I decided to just wait for the ILR. Will the refusal of my TIER1 constitute an 'open file'?

munisa, at this point in time, I don't think anybody but UKBA employees can answer you. This "open file" business is a rare occurrence though.

sorry to hear about your case mzungu, this is really wierd, they should be able to check if anything is wrong with your file when you book your appointment over the phone, what is the point of making an appointment then? looks like you don't have any other option but to apply by post, unless you call again and try to find an explanation ..

Hi, Sorry to hear what you had been through at PEO. I have had quite a similar experience in Liverpool about three weeks ago(See my other posts) but visa officer actually kept my application and advised me that it will be dealt as a postal application even though they charged me £950.

But fortunately I received my application last week with the ILR stamped on my passport. I am not sure in your case whether she didnt accept your application or she just said that it can't be processed now and will be sent to you by post.

Only thing I could suggest of is it could be several reasons that means open file not necessarily worrying or negative.

Apply for ILR through post and your application will be successfull. My ILR had issuing office stated as Croydon although I applied in Liverpool. Hope that helps.

Thanks for all your replies Guys

I have had a relative in hospital this last week so only just had the opportunity to get back to this!

Anandsun, thanks for your comments - we will try to obtain my wife's SAR file shortly. We are both intrigued to know what it will contain!

Extrovert, the ECO actually said she could not take receipt of the application and that we would have to post it ourselves (which we did the next day). Thanks for your comments, I feel slightly more reassured the ILR in itself will not be an issue.

I am beginning to get really worried about my chances of getting my passport back in time for travel on the 2nd April (this was why we went for a PEO application in the first place). This could become really messy as I need my passport to go to Spain to pick up my son to bring him to the UK for one of my regular access visits and it's looking like it might fall through for the first and only time in 9 years (thanks UKBA)!

I have sent a letter recorded delivery to request the return of my passport and mentioned it clearly on the FLR (M) form, but knowing how slow the home office / UKBA can be, don't hold a lot of hope.

I have kept phoning the 0870 606 7766 number but when I didn't get the "all lines busy, call back later" message got looped from options menu back to options menu again and again!

Has anyone got any other suggestions to ensure I get my passport back soon? I fear that if I have to just "sit and wait" til the last minute in the hope they are organising its return it will end up too late anyway.

Thanks again for all your comments!

Muthungu,
Any news on the return of your passport? Have you tried phoning the PEO enquiries helplines as well?

Well, at last yesterday I managed to finally get through on the 0870 606 7766 number and got put through to somebody who placed a request for the urgent return of my passport.

They told me that they "try" to return documents (no guarantee) within 10 working days when they are urgently requested so I just have enough time to receive my passport back before needing to travel if this is the case.

They also recommended I fax a letter through along with my flight confirmations to back it up (which I have done).

I just have to sit tight and wait now and hope that they return it in time. I will chase it next week if it doesn't turn up sooner.

I will update you here if/when that happens!

By the way, Munisa - je wewe ni mkenya/kikuyu?

Just to let you all know that my passport arrived on Saturday by recorded delivery. The accompanying letter stated that they have taken a copy so I will not need to send it to them again.

Whether the fax showing my flight confirmations spurred them into action or just the request for the return of the passport placed over the phone were what were made it happen, I don't know but the main thing is I can now relax knowing I can pick my son up from Spain for his easter holiday here.

All that remains now is to wait another few months in the expectation of my wife getting her ILR.!

Jambo mzungu,

I recall that your wife had problems applying for her spouse visa in Kenya and I assume that this could be the reason behind the open file issue.

If as you say everything is okay, there is no reason why ILR will be denied to her.

Good luck

Smit

mzungu wrote: By the way, Munisa - je wewe ni mkenya YES /kikuyu? YES

Hope you get a nice journey back home. Thafari njega.

Hurray!

We got my wife's passport back with a lovely crisp ILR vignette inside!

In the end it took about 7 weeks from posting it.

Slightly disappointed that I had not even a letter of acknowledgement to two separate letters complaining about the difficulties we experienced but not particularly surprised.

Main thing is that the ILR is now sorted out.......next stop UK nationality.

Cheers everybody!