Contacting UKVI for an application status update - your experiences

[higgs1818]

I am applying for a Parent Visa, as I live separately from my husband and our relationship no longer subsists. We aren't legally separated, but we have each detailed our plans to divorce.

However, after submitting the visa application, it says I must download the 'family declaration'. This form ("for spouses") supposedly asks my Ex to put his name as partner, and tick if we're living together, with plans to live together in the future.

He is confused if he needs to put his name as 'Partner' on this form. On one hand, he doesn't regard himself as my partner. On the other hand, until divorce, we are still legally married, which makes him a spouse. And the form says the declaration is for spouses.

Should he put his name as 'partner' and just leave the living together box unticked? And provide a cover note to say he wasn't sure if he was required to list himself as a partner or not.

It seems really ambiguous, if in law you are still married and considered a partner/spouse, or if in daily practice you don't consider yourself a partner/spouse. Which rule should you go by when considering this declaration?

Thanks

[manci]

read this
https://www.gov.uk/visas-when-you-separate-or-divorce

[higgs1818]

Thank you for your reply, I have read that. But I'm still unclear.

In law, is my husband who I'm emotionally and physically separated from, still considered my spouse, if we are not yet divorced? If so, should he complete the "family declaration" document, entitled "for spouses"

Thank you

[CR001]

You are considered married until you have a decree absolute proving a divorce. It makes no difference if you are separated.

[higgs1818]

Thank you - however I'm still unclear about the following yes/no questions...

a) Should my separated husband list his name as a "Partner" on the "family declaration" form labelled for spouses to complete?

b) Should my separated husband tick the box to say he is my spouse and we live together? (We don't live together nor do we consider ourselves in a relationship)

Many thanks

[manci]

Have you informed the Home Office of your separation?

As you are no longer living together your husband shouldn't complete and sign the form entitled "Declaration for spouses, civil partners, proposed civil partners, fiancé(e)s, and unmarried partners":
https://visas-immigration.service.gov.u ... ration.pdf

On what basis are you applying for a parent visa, e.g. as a parent with sole responsibility for your BC child who lives with you and do you have all the supporting documents needed for the parent visa?

[higgs1818]

Thanks for your reply.

I have not informed the Home Office, as a consultation I had earlier with an immigration solicitor said that it was not necessary to inform them, because the separation was close to when I would apply for a visa as a Parent, rather than as a Partner.

As part of my visa application, I (and my Ex) have both declared with aren't living together or in a relationship, however we are not yet divorced.

It is presumed that because we are not yet divorced, the visa application system has specified that the family declaration must be signed. (it didn't say it was optional!) Which is why it's been so confusing.

[manci]

I have not informed the Home Office, as a consultation I had earlier with an immigration solicitor said that it was not necessary to inform them, because the separation was close to when I would apply for a visa as a Parent, rather than as a Partner.

Doubtful advice. refer to:
https://www.gov.uk/visas-when-you-separate-or-divorce

It is presumed that because we are not yet divorced, the visa application system has specified that the family declaration must be signed. (it didn't say it was optional!) Which is why it's been so confusing.

It seems that you are either filling in the wrong application form or if it is the correct one you need help completing it.

For the documents you need to submit with the application see https://www.gov.uk/uk-family-visa/parent

Given that you and your husband are separated and no longer live together if your husband signs this document
https://visas-immigration.service.gov.u ... ration.pdf
it may be considered deception by the Home Office with serious consequences on your present and any future application.

[higgs1818]

Thank you for your reply.

What we have done, is attach an empty family declaration, where partner name says: not application - see cover note.

There is then a cover note saying that we are not in a relationship nor do we intend to be in one, or live together, in the future. But that if the home office still considered that, if being married, means my husband must sign his name as a partner, then they can consider that declared.

With regards to informing the home office upon relationship ending, again, its a confusing picture, because in the numbered steps on their own page, informing the home office comes last! After finalising a divorce.

As my solicitor said a few months back, there's no point in informing the home office the relationship has finished, because in applying for a Parent visa, you are doing so because the relationship has finished.

The whole application has been framed repeatedly around a finished relationship, and me staying in the UK so my British child can keep both parents in his life. As part of the application, I've had to detail why we are not yet divorced, and when we plan to divorce.

[higgs1818]

I submitted a family visa application to extend my stay in the UK. Just over 8 weeks have elapsed since I submitted supporting documents and biometrics. There has been no correspondence since.

The HO website says:

If your application is straightforward, we will make a decision on it within the standard processing time.

If there is a problem with your application or if it is complex, we will write to explain why it will not be decided within the normal standard. We will write within the normal processing time for the 8 week standard.

Q: Should I assume that the application has not been problematic or complex, as no correspondence has been received within 8 weeks? Or that the HO is simply running a bit late on making a decision? Or that the application has been problematic/complex, but that they've forgotten to notify me about the fact?

Q: What is the most appropriate phone number to call (for applications inside the UK) to check status of the application, given that 8 weeks has elapsed with no correspondence? Does anyone have any experience about what, if anything, they'll be able to tell about an application's status?

[higgs1818]

Just thought I would put my experience here, so others know what to expect.

I have applied for an extension to remain in the UK (family visa).

I have waited more than the 8 weeks which the HO say is standard processing time on their website. I have received no correspondence from them to say a decision will not be provided within the processing time.

Following the advice from citizensadvice website:
https://www.citizensadvice.org.uk/immig ... isa-delays

I called the immigration telephone line:
0300 790 6268

It took about 10 minutes to get through to someone, at mid afternoon.

I was told that:
- they are unable to provide any information on the processing status of anyone's application
- there is a large backlog of applications
- they can't indicate the average length of expected delay in issuing a decision, for anyone
- I could try writing to the HO to ask them, by postal mail at their head office:

SLR / TOC / PBS
UKVI
PO BOX 3468
SHEFFIELD
S3 8WA

If you have any further thoughts to contribute, about your own experiences, do post.

I think it could be useful if there was a website like UK-Visa-Processing-Time which had a running poll, where people could indicate how long they waited for a decision, in their various category. So we could get some indication of the timescales involved.

I don't know why the HO doesn't just say the actual average for time waiting on their site, rather than something unrealistic. It would at least give people more realistic expectations, and stop people phoning them trying to get some answer. It would also allow people better judgement over whether to use the priority service or not, and in planning travel etc.

[Frustratedandwaiting]

I agree with you. The process is opaque and the rules unworkable. It would be helpful if the acknowledgment of receipt they send you contained the contact details of the caseworker (but I understand why they don’t do this) or if the gov.uk website had some transparency about processing times. The Super Priority service that is available on some types of applications is unworkable in that it appears to be a lottery - available to some when their applications are submitted but not others - whilst at the same time the gov.uk website suggests blanket availability to some types of visa applicants and makes no mention there is a lottery system in place. Disappointing.

[zimba]

I agree with you. The process is opaque and the rules unworkable. It would be helpful if the acknowledgment of receipt they send you contained the contact details of the caseworker (but I understand why they don’t do this) or if the gov.uk website had some transparency about processing times. The Super Priority service that is available on some types of applications is unworkable in that it appears to be a lottery - available to some when their applications are submitted but not others - whilst at the same time the gov.uk website suggests blanket availability to some types of visa applicants and makes no mention there is a lottery system in place. Disappointing.

You keep posting these messages on multiple threads despite being advised. There is no lottery system. It is bound by the capacity of the visa processing teams and only offered if the capacity permits. UKVI does not have the resources to offer everyone a super-priority service spot. Wait to hear back

[higgs1818]

I can understand how, 'if capacity permits' could feel like a lottery however. It's like saying, there's a chance that capacity will permit.

I really wish they would just be honest with how long average length of applications in different categories are taking. They must know these figures. It would help people plan and have reasonable expectations. What's to lose?

[AmazonianX]

I can understand how, 'if capacity permits' could feel like a lottery however. It's like saying, there's a chance that capacity will permit.

I really wish they would just be honest with how long average length of applications in different categories are taking. They must know these figures. It would help people plan and have reasonable expectations. What's to lose?

Then go ahead and address that with HO, talking about it on here will not get your voice heard. Channel your enquiries or grievances to appropriate quarters.

[sanju sunny]

I am having the same problem.Its been 10 weeks i have applied for the visa.No decision mail yet.But when i am checking online visa status its been approved.Still no idea why the decision mail is not coming.No use at all after calling the visa enquiry number.I need to go urgently to india too as my mom is sick...If any body knows any way out please help.