Spouse visa-Removed from priority service process

[unepoissonrouge]

Hello,

I am new to this forum so apologises if I have posted in the wrong place.

My husband is Albanian and entered the UK illegally in 2011 by lorry. I am a British citizen. He returned to Albania in June this year to prepare for our wedding. We married in Albania in September and applied for a spouse visa. We paid 517 euro for the priority 15 day service. As we had heard nothing after 15 days I called the premium line and was advised that the application has been removed from the priority process and has reverted to the normal process.They are making further enquiries. We should have a response in up to 12 weeks and worse case scenario 6 months. Has this happened to anyone else and is it normal? I have not heard of this before. We are really worried now. What are his chances of obtaining a visa? I have emailed UK Visa and Immigration to complain as they never even contacted us to advise what they were doing.

Any advice would be greatly appreciated.

Thanks.

[Casa]

It's probably due to his illegal entry and subsequent overstay and will require checks into the time spent in the UK.

He can't be refused under 320(7b) but he could be refused under 320(11) due to 'frustrating the intentions of the Immigration Rules'.

https://www.gov.uk/government/publicati ... raph-32011

[unepoissonrouge]

Thank you for the quick response.

I read that to be refused under 320(11) he would have had to enter the UK illegally, gained services that he is not entitled to i.e employment and also have an aggravating factor. I cannot see that he has any aggravating factors but then again the list provided is not exhaustive.

Thanks.

[Casa]

I guess that the checks are to confirm whether there have been any aggravating circumstances, hence the downgrade from premium processing.

[unepoissonrouge]

Thanks for your help.

[Casa]

I wouldn't be too concerned. It's probably a standard procedure in the circumstances.

[lauras]

Hi There,

Myself and my husband are in a very similar situation to yourself. He too entered the UK illegally. He returned to Albania in the summer and we also got married in September and applied for his visa. We paid priority service and haven't yet had a response. We tried calling and couldn't get connected with the phone number and so we emailed them and was told that the visa had been delayed following further investigations. We have just gone passed 30 working days since applying. Please let me know if you hear anything as we too worried about being in this situation!

Thanks,
Laura

[unepoissonrouge]

Hi Laura,

Its nice to hear from you. We have waited 22 working days so far. It horrible to wait and not know what is going on, especially when you are apart from your husband. I will let you know if I hear anything. Please also let me know if there is any update with you. Best of luck.

Thanks, Emma.

[lauras]

Hi Emma,

Waiting is the worst! Our lawyer told us prior to the application that it was likely to not be decided in the 15 working days, but that approximately a few weeks later. We're at that point where we just want to know what the situation we are facing is. I will definitely let you know if we hear anything as it's horrible to feel like we have no idea what's going on,

Thanks,
Laura

[unepoissonrouge]

Hi Laura,

Just to let you know my husband had a telephone interview this morning with UK Visas and Immigration. They asked him why he came to the UK, how did he get here, where did he work, does he have family here, who did he live with etc. The lady said we should find out the outcome in the next 2/3 days. We are beside ourselves with worry.

Emma.

[Elliewifetoalbanian]

Best of luck to you both will be following this post to see the outcome of you both. My husband is Albanian. Hope you get successful visas. Husband entered uk illelegally in 2011 on fraudulent passport. Detained by immigration March 2015, applied for visa and refused in August, married in uk September 2015. Won our appeal in July and just got 2.5 year visa.

[unepoissonrouge]

Thanks very much Ellie. Congratulations to you both on obtaining the visa. I shall keep you posted on what happens.

Emma.

[lauras]

Hi both, we are now on day 35. I have chased up UKVI and they can't even tell me anything about the application and the wording they have used is hard to understand. I don't really know what to do at this point as we have had no contact since submitting the application. I'm really worried now. Please let me know how it goes for you,

Emma - my husband would like to know if it would be possible to contact your husband at all for reassurance about the process? Would that be ok?

Laura

[Casa]

Hi both, we are now on day 35. I have chased up UKVI and they can't even tell me anything about the application and the wording they have used is hard to understand. I don't really know what to do at this point as we have had no contact since submitting the application. I'm really worried now. Please let me know how it goes for you,

Emma - my husband would like to know if it would be possible to contact your husband at all for reassurance about the process? Would that be ok?

Laura

Members don't have the privilege of the PM facility until they have contributed 30 posts. Personal details are always removed from the open forum in order to protect members security.

[unepoissonrouge]

Hi Laura,

That would not have been a problem but as Casa says we cannot contact each other by PM until we have posted 30 times.
Have you tried calling the premium line? I called them before and they could tell me that further enquiries were being made. I know it's not much but it might put your mind at rest as to knowing it's being looked in to.

Emma

[unepoissonrouge]

Hi Laura, was just wondering if you've heard anything yet?

Emma

[lauras]

Hi Emma,

I called them earlier in the week and they couldn't tell me anything, they just said to me there was no updates on his visa dispite being told previously that it was delayed for investigations. They said that they have escalated it for me and I should hear some kind of update in 3-5 days. Have you had any news on your decision yet?

Thanks,
Laura

[unepoissonrouge]

Hi Laura,

I'm sorry to hear that. I really think they don't know what is going on! My husband had his interview over a week ago and we have heard nothing further. I emailed them on Friday to ask what what happening and got a response saying the the application was still to be reviewed by an ECO. That can't be true as it must have been reviewed for them to have proceeded with an interview. The waiting is really hard and it's difficult being apart. I just want to know either way so that we can plan for the next steps.

Thanks, Emma

[lauras]

Hi Emma,

Isn't it just so fustrating how they themselves don't even jnow much about the applications! Glad that we aren't the only one feeling tis way but I hope you both hear something soon! I'm hoping that we will get the update as promised this week because i've been told several different things on the phone and emails that we just want to know what is actually happening!! I'll keep you updated if I hear anything,

Thanks,
Laura

[unepoissonrouge]

Hi Laura, hope you are well.Did you hear anything back from your escalation? We have heard nothing this week. That's been 7 weeks now. I'm hoping we find out by Christmas!

Emma

[lauras]

Hi Emma,

So fustrating that you haven't heard after they said you would a feq days after interview!! All we heard is that atleast they agree he's applied forna settlement visa and that they are looking i to it. They told us that they aim to have it reaolved by 60 working days. We are now on 45, so another 3 weeks to go. Hopefully we both hear in time for christmas!!

Thanks,
Laura

[unepoissonrouge]

Hi Laura, I hope you are well. Just to let you know that my husband received his visa this morning. We cannot believe it!! Have you heard anything further?

Emma

[lauras]

Hi Emma,

Both myself and my husband was interviewed on Monday and was told we would hear a decision by the end of the week. Can i ask how long it took from hearing the decision to being able collecting the documents in Tirana?

Many congratulations to you both and i wish you both all the best!!

Laura

[unepoissonrouge]

Hi Laura, my husband was interviewed on 03/11, we received an email on Monday 21/11 to say that the application had been processed and that we would get an email within the next few days to advise that we could collect the documents. I got an email the following day 22/11 to advice we could collect it. My husband went to Tirana yesterday morning and received the visa. They don't actually tell you the decision in their emails, you need to see it for yourself when you collect the documents. Best of luck to you and your husband. I have my fingers crossed for you.

Emma.

[lauras]

Hi Emma,

Not sure if your still following this post but just thought id share some good news as my husband too was given his visa this morning!

Thanks,
Laura