Biometric appointment cancelled - Now an email saying we have 45 days

[ChrisFearon]

Hi everyone,

My wife and stepson are roughly halfway through their 5-year route to settle in the UK. The expiry date on their initial visa was 31 Oct 2020. We made the application to extend on 4 October 2020 and eventually got a biometrics appointment for 27 Oct 2020 (we paid £139.98 on 6 Oct). On 25 October, she received an email from the Home Office stating that the appointment was cancelled as their offices had been closed due to COVID-19. The email (and the links therein) stated the she didn't have to do anything and she didn't have to worry; they would contact her.

Today, she received an email from the Home Office stating that she (and my stepson) hadn't yet submitted biometric information and they had 45 days to do so or their visa applications would be cancelled. She called the number in the email and explained that she'd already booked an appointment and that it had been cancelled. She also explained that we'd already paid for that appointment. The person that she spoke to didn't seem remotely interested and said she'd have to book another.

Has anyone else experienced this? It was bad enough that we couldn't find a free appointment anywhere and had to pay almost £140 just for the basic service, but now we're being told be have to rebook. Any advice please?

Cheers,
Chris F

[CR001]

Are you sure the appointment cancellation email was definitely from HO??

Ukcvas controls appointments not HO and ukcvas would have contacted your spouse. The centre's have remained open and are still open.

[ChrisFearon]

This is the content of the email from 25 Oct:

This is a notification email. We cannot reply to queries from this mailbox. For any further information please access our website through https://www.gov.uk/guidance/coronavirus ... -residents

Due to the volume of correspondence we may be unable to locate your application without this reference and your correspondence may be returned to you.

Thank you for your application for permission to stay in the UK.

We apologise for the inconvenience, but, due to the worldwide response to COVID-19, UKVI services are limited and we are not able to meet our usual service standards.

Although we would normally decide your application within eight weeks from the date it was submitted, unfortunately this may not be possible in your case.

In line with Government advice on essential travel, social distancing and other restrictions related to COVID-19, for the safety of our customers and our staff, the UK Visa and Citizenship Application Service (UKVCAS) locations where you would ordinarily submit your biometric details and provide any documents for scanning that you have not already uploaded yourself have been closed.

Some centres are now opening with limited capacity so you may now be able to get an appointment it is important you attend if an appointment is offered.

Alternatively, you may have already attended an appointment and submitted your biometric details. If this is the case, no further action is required.

If your application was submitted prior to your current grant of leave expiring, your current status within the United Kingdom has been extended by section 3C of the Immigration Act 1971. You do not need to do anything else at this stage and do not need to be concerned about your immigration status.

If you have applied to switch your status in respect of your employment or studies then please refer to the guidance on Gov.UK as you should be permitted to commence work/study prior to your application being decided, should you meet the conditions set out in the guidance.

We apologise for the delay in dealing with your application and for the inconvenience this is causing. Please be assured we will do all we can to make a decision on your case as quickly as possible once your biometric details have been submitted.

We appreciate your patience at this time.

[ChrisFearon]

I should've stated, that email was from FLRMvalidate@homeoffice.gov.uk

It explicitly states that, "locations where you would ordinarily submit your biometric details and provide any documents for scanning that you have not already uploaded yourself have been closed".

Also, from the link in the email, https://www.gov.uk/guidance/coronavirus ... -residents,

"If you’ve already made an appointment
We have contacted you if you made an appointment to attend a UKVCAS that is still temporary closed to let you know it has been postponed. You’ll be contacted when you can book a new appointment.

Your immigration status in the UK will not change as a result of you not being able to attend an appointment."

I understand that it could be inferred from the above that they are now contacting us to book a new appointment. But that's not explicitly stated nor is it the tone of the email. The tone of the email implies that we have not bothered booking or attending an appointment. And there's no mention of what happens to the fee already paid.

Cheers,
Chris F

[ChrisFearon]

Has no one else experienced this? We contacted UKVCAS to ask what would happen to the £140 we'd already paid, but they just sent us generic info about how to book an appointment. According to their website, appointments cancelled within 48 hours get no refund at all.

I'm sure they'll take the stance that they never actually cancelled our appointment, our issue is with the home office, but I can't imagine in a million years the home office reimbursing us. Maybe I just answered my own question.

[CULLINAN]

Looks like the email you received is a generic email everyone received back then.

In October 2020, the appointments were going fine. I think you were mistaken and took it as your appointment was cancelled.

You actually missed your appointment and in that case your money will not be refunded. You should book an appointment asap now.

Appointments are running at a 28 days lag. Maybe you will be lucky to find a free appointment, otherwise you will have to pay again unfortunately.

You should contact UKVCAS on twitter for further clarification copy pasting them proof of emails you received. They might be able to offer refund if they were at fault.

[ChrisFearon]

Thanks Cullinan,

I get what you're saying about it looking like a generic email, however my wife and son's names and UANs were both listed at the top of the email. I didn't copy and paste that into my earlier post as it's kind of private info.

I'm going to bite the bullet on this and make a complaint further down the line. I won't hold my breath though.

Thanks for your help,
Chris F

[ChrisFearon]

Quick update. Against my expectations, we found a free appointment yesterday for 3rd February. When we originally booked out appointment, we sat up until midnight and got up at 7am for several days and couldn't find a free appointment anywhere in the country (we have friends and relatives scattered around and were willing to travel), so this is a nice surprise.

Cheers,
Chris