Applied for Spouse Visa 8 months ago - Still waiting!

Hello everyone!

I applied for a spouse visa as my ancestral visa expired while I was unwell and could only afford the spouse visa due to increase in the health surcharge.
As I had an employer waiting to hire me, I used the 24 hour 'Super Priority' service - what an absolute shambolic joke!
Firstly I made the application and paid all fees on the 16th Jan, I then could not get an appointment at the local UKVCAS so had to travel over an hour to the first available appointment on the 29th Jan (13 days later).
I then heard nothing back so call HO a week later and they said it would be escalated and I will hear within 5 working days - well surprise, surprise - still nothing! It has now been over a month since my biometrics appointment and I have been calling HO every week just to be told they will escalate it again!

I have also emailed SASUKVACS (see copy below) and my local MP.

I am unable to work without the visa, the job has gone and I have no way to help support my family. Yesterday I spoke to HO as I was thinking that I might have to sell our car and return to NZ and get a job and return when the visa comes through only to be told that if I leave the country while the application is in, it will be cancelled and I will not receive any refund!

I am absolutely appalled by HO's lack of service and communication!

I would appreciate any comments or advice.

Thanks!




Copy of email:
Unique Application Number: 1212-0001-0241-****


To whom it may concern,

I made an online application for a Spouse Visa through the Family Route on the 16th January 2019 and the earliest appointment I could get with UKVCAS was on the 29th January 2019 which I attended.

When I made the application online, I took the option of your 'Super Priority' service at an addition cost of £610 to obtain a 24hr decision as I have an employer wanting to hire me who is just waiting for my Visa approval.

It has now been a month since I attended the appointment and I have had no correspondence at all from the Home office.

My application is well outside of your 24hr service standard and when I spoke to one of your call centre agents earlier today, they advised me to contact you regarding how long my Visa is taking and to request a refund of the 'Super Priority' fee as it is now well outside of the your processing time.

Can you please look into the matter of issuing me with a Spouse Visa as applied for with GREAT URGENCY as I am unable to support myself being unable to work due to my Visa having expired which is why I used your Super Priority Service.

I look forward to your prompt reply!

I applied for a spouse visa as my ancestral visa expired while I was unwell and could only afford the spouse visa due to increase in the health surcharge.

What date did your ancestry visa expire?

As I had an employer waiting to hire me, I used the 24 hour 'Super Priority' service - what an absolute shambolic joke!

If your last visa expired before you submitted an online application, it is an out of time one and not 'straightforward'.

Firstly I made the application and paid all fees on the 16th Jan, I then could not get an appointment at the local UKVCAS so had to travel over an hour to the first available appointment on the 29th Jan (13 days later).

Date of application is the date you submit and pay online not your appointment date.

My ancestral visa had already expired during a long illness I had, but I did speak to HO about this and they said to go ahead with the application but include a cover letter with it explaining. I know the 24hr processing time is taken from the biometrics appointment but it is now more then a month since that date. I was also aware it may take a little longer due to my visa having expired which is why I waited for a week before contacting them - but I thing a month with no contact at all from them is ridiculous!

What date did your ancestry visa expire??

Did you complete FLR(M) form or FLR(FP)??

Your case is not straightforward and you should probably not have applied using super priority.

The HO said I could use the super priority service. My Visa expire just over 4 months before applying.

Note that the call centre is outsourced to a third party and they very often give incorrect advice and take no responsibility for it.

CR001 wrote: ↑

Wed Feb 27, 2019 4:06 pm

Did you complete FLR(M) form or FLR(FP)??

???

By applying for a visa more than 14 days after the last visa expired you are an overstayer and this complicates your application and you should have applied on FLR(FP) 10 year partner route with evidence of exceptional compelling circumstances. Certain routes of family visas could still use the same day decision service, which might have been better for you as you would have been face to face with a caseworker.

Unclear what form you used as you have not answered my question above, but assume you used the FLR(M) form.

Hello All!

I applied for a spousal visa on the 16th Jan 2019 and even though I paid for the 24hr super priority service and the normal Home Office service standard time is 8 weeks, I am still waiting for it 8 months later!
I did however receive the fee back for the super priority service after a month or so.

To complicate things, I didn't apply for a spousal visa until after the Ancestral Visa I was on expired during a time when I was severely unwell and one stage in-fact hospitalised.
I did however speak to the HO Visa call centre before submitting my application online who advised me to also provide a cover letter of explanation with the application.

As my past Visa had run out, I have not been able to work or even go back the my birth country to work while the Visa is being considered as if I was to leave the UK, it would be cancelled with no refund.

My local MP has written to them 3 times so far and has now also written to Seema Kennedy - the Minister for Immigration.
The Windrush team from the Home Office has also tried to help on 2 occasions. All of this effort has only resulted in the HO saying "We are unable to provide a timescale".

I am obviously at wits-end over this. My wife and I have being living solely on just her income as she runs a small guesthouse from our rented home but we cannot see any possible way that we will be able to keep our heads above water come winter due to the normal downturn in trade and could face eviction if unable to pay the rent!

As it has so far taken 8 months and still with no progress - I was wondering if any of you could possibly give any advice on the best way to get the Home Office to do their job and process my application?

Thank you for your time in reading this post and I look forward to your suggestions!

As already advised, you made an out of time application and a decision can take many months.

CR001 wrote: ↑

Wed Feb 27, 2019 4:13 pm

Note that the call centre is outsourced to a third party and they very often give incorrect advice and take no responsibility for it.

CR001 wrote: ↑

Wed Feb 27, 2019 4:06 pm

Did you complete FLR(M) form or FLR(FP)??

???

By applying for a visa more than 14 days after the last visa expired you are an overstayer and this complicates your application and you should have applied on FLR(FP) 10 year partner route with evidence of exceptional compelling circumstances. Certain routes of family visas could still use the same day decision service, which might have been better for you as you would have been face to face with a caseworker.

Unclear what form you used as you have not answered my question above, but assume you used the FLR(M) form.

Hi,
In answer to your question, I can not remember the form number but I applied for a Spousal Visa on the Family Route (this is what HO keep reffering to).
When I have looked online and spoken to a couple different department of the Home Office, they all say the same thing - their Service Standard for processing is 8 weeks!

WeymouthKiwi wrote: ↑

Sun Sep 15, 2019 10:59 am

Hi,
In answer to your question, I can not remember the form number but I applied for a Spousal Visa on the Family Route (this is what HO keep reffering to).
When I have looked online and spoken to a couple different department of the Home Office, they all say the same thing - their Service Standard for processing is 8 weeks!

As you have made an application out of time and are an overstayer, your application is not straightforward and likely will be decided on the 10 year partner route on FLR(FP) and these applications are known to take many months, often over a year, for applicants that have no legal stay in the UK.

It would have probably been simpler and easier had you returned to your home country and applied for a spouse visa entry clearance under Appendix FM.

CR001 wrote: ↑

Sun Sep 15, 2019 11:22 am

WeymouthKiwi wrote: ↑

Sun Sep 15, 2019 10:59 am

Hi,
In answer to your question, I can not remember the form number but I applied for a Spousal Visa on the Family Route (this is what HO keep reffering to).
When I have looked online and spoken to a couple different department of the Home Office, they all say the same thing - their Service Standard for processing is 8 weeks!

As you have made an application out of time and are an overstayer, your application is not straightforward and likely will be decided on the 10 year partner route on FLR(FP) and these applications are known to take many months, often over a year, for applicants that have no legal stay in the UK.

It would have probably been simpler and easier had you returned to your home country and applied for a spouse visa entry clearance under Appendix FM.

Completely agree.

The priority service fee has been refunded so it'll be decided on the usual timescale.

Some have waited up to 18 months for a decision. Ignore any solicitors advice as no news is good news as we waited 18 months for a failed FLR FP from a dodgy solicitor when we should have just done a spousal visa abroad..however circumstances allowed us to file an in country successful application.

The home office will see what obstacles are there in your lives which will be a breach of your human rights if you were to leave the UK. Some times that in itself takes a LONG time to decide.

Keep us posted with your outcome