UK Visitor Visa longer than 7 weeks

[chameleon1905]

Hi there,

I applied for a visitor visa on the 3rd of September and it haven’t received an answer yet. I need to travel to other countries starting from mid-November and I’m very stressed since they keep my passport.

I wonder if I can get my passport back without withdrawing the application since a- I paid 900 Euros b- I need to travel to UK on regular basis so even if I withdraw the application I will end up in the same situation.

Here is my story. I would appreciate if you could give me some feedback. I’m really upset and disappointed. I really do not get it.

I used to live in UK since 2007 until March 2019. My wife (Spanish national with British passport) moved to Barcelona in January 2019 and I joined her in March 2019.

My last residency was based on my wife (unmarried partner at that time) being an EU citizen and previous residencies were based on Post Study work and special Turkish employee category.

I have a business in UK hence I was travelling twice a month for 3-4 days each to visit our office and spend time with 2 members of staff.

My residency was taken away from me on mid-August due to the fact my wife is not residing in UK anymore. (Which I understand and makes sense) I was always asked the same questions at the borders since January 2019 and I answered them all the time the same, the truth.

I then applied to a visitor visa on the 3rd of September from Barcelona Spain and my "nightmare" has started. I was thinking I would get the visa very quickly, based on my previous life in UK which is 100% clean  but it has been with home office for 7 weeks now.

It is impossible to contact case workers directly. The customer service is very useless and careless, and, in my opinion, they do not have feel any responsibility with the applicants. They don't read the emails, they don't answer the questions they just reply with robotic copy/paste answers.

They told me my case was escalated on the 30/09/2019 and I should hear back in 15 working days which was due on the 18/09/2019 (last Friday).


So I have several questions;

1- Can I request my passport back without withdrawing my application?
2- What happens if case workers do not meet the deadline?
3- Is there anything else that I can do?
4- Can I somehow contact the case workers?

[Zerubbabel]

Hello

Under what conditions your EEA permit was taken from you?

It's an important question to understand your position with the UK immigration at the moment.

If you wife left the country, then you declared the change of circumstances, that's one thing. If your wife left the UK and you stayed behind until somehow they discovered it, that's a different scenario.

Did you work in the UK after she left for Spain?

[CR001]

So your unmarried partner RC was revoked mid August and you applied for a visitor visa roughly 2 weeks later. Of course ho is going to scrutinise your application given your RC was revoked and the fact you have spent a substantial amount of time living in the UK and have a business here.

[chameleon1905]

Thank you for your reply.

They took it based on wife NOT residing in UK anymore.

I have a business in UK so I kept running the business after she left.

She left in January the 7th and I joined her in mid March. (finished our flat contract in London)

Between January and March I was mainly based in UK living in our flat and visiting my wife in Spain, 1-3 times a month. From March until August I was living in Spain and travelling to UK 2 times a month. (3-4 days each visit)

They took the card at the border based on my answer that we moved to Spain together. I was asked this question since January every time I entered the country and I always gave the same answer saying "we moved to Spain , I have a business , I visit my office etc."

[chameleon1905]

So your unmarried partner RC was revoked mid August and you applied for a visitor visa roughly 2 weeks later. Of course ho is going to scrutinise your application given your RC was revoked and the fact you have spent a substantial amount of time living in the UK and have a business here.

This is what I was advised by the border agency worker who was dealing with my case at the airport.

I had a meeting with HRMC in our accountants office which I missed due to slow progress.

Having said that do you have any answers to the questions I raised by any chance? You seem to be very active in the forum.

[Zerubbabel]

There is no SLA for visitors visa But to be fair, I don't place a great faith on the outcome of this application.

The guy who took your residence at the airport suggested that you ask for a visitor visa if are to visit the UK. This is a correct advice but in your case, I am not sure it's going to to work.

The visitor visa is delivered only to visitors. As you lived in the UK for a while, they will suspect further motives beyond a simple visit such as working or doing business.

Also, you worked and stayed illegally in the UK. The day your wife left the UK for Spain, your EEA residence card was no longer valid. They took it away months later but in the meantime, you kept using it. I don't know how likely they are to include this factor in the equation, but it's a serious option.

[chameleon1905]

Thank you again.

I wasn't aware of the card becoming invalid. I assume the border agency staff weren't either since I entered UK with the same card multiple times. ( more than 15 times)

I have a running business in UK. And it is not fake business so I can enter UK. We pay 40K+ cooperation tax. I don't get why I would be a problem in their eyes. I ticked the corresponding box when I filled in the visitor visa application. (business visit)

I don't think there would be a different visa type I could have applied to which would allow me to visit our business on a regular basis.

Do you know the answer to this question by any chance?

1- Can I request my passport back without withdrawing my application?

I forgot to mention that they let me in UK to finish my visit when took away my residency card.

[Zerubbabel]

You can contact them here:

https://www.gov.uk/visa-documents-returned

Follow the first link "If you applied outside the UK"

Then you will get the option to call or email. You will pay for the service. You can ask for the return of your passport but keep the application active.



Hope they don't play it too hard with you. Please keep us updated.

[chameleon1905]

Thank you.
The phone number and email are unfortunately very useless and unprofessional. They do not reply to questions and choose to provide copy paste answers.

I ve been told in order to get my passport back I need withdraw the application. Are you certain getting the passport back and leaving the application active is an option?

[Zerubbabel]

Sorry for that The Home Office often outside its support to clueless third parties.

Te be honest, I don't know if the main applicant in an visitor visa can request his passport back. In one hand, it's unreasonable to hold a passport for 7 weeks in this day and age.

This page:
https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

Seems to suggest you need to contact he application center:

You applied for a visa from outside the UK. You must contact the visa application centre where the application was made. Get contact details using our visa application centre.


If you need to urgently come to the UK, you may come back with your wife. If you have an EEA permit, you can travel with her back to the UK, no visa needed.

[chameleon1905]

Thank you for reading and ansering my questions, much much appreciated.