eligible for a refund?

[ryz777]

Hi all, just want to hear your opinion on my scenario.

I applied for ILR (SET M) on 02/12/16 via post, money deducted within couple of days and bio-metrics done within a month too. After that no news what so ever apart from the automated email every month confirming application is under consideration and "If we are unable to process your application within 6 months we will tell you as soon as possible" - which they never did and no updates were given. 6 months had lapsed and upon requesting for an update their phone service had been terminated and could be only be done online however the reference numbers wont be recognized online. I was left with no other option other than upgrade to the premium service. I finally received my ILR on 01/07/17 3 weeks after applying for an upgrade making the total wait 7 months. I was hoping HO will use discretion and not deduct the upgrade fee as it had gone over 6 months. If HO had informed me as mentioned in their automated email that "If we are unable to process your application within 6 months we will tell you as soon as possible" I would have applied for the premium upgrade ages ago and would've been happy to pay the upgrade fee. This feel total injustice to me and I feel I have the right to ask for the refund of the upgrade fee.

what u guys think? am I eligible for a refund? anyone in the same boat? anyone had any success??

[zimba]

No. The standard time frame for a postal ILR application is at least 6 months and you are not entitled to be told anything if this takes longer. You could have applied for your ILR at a PSC from the beginning and nothing would have stopped you to do so.
There is no injustice here

[ryz777]

thanx Zimba. the following is the copy of email they sent me every month ;



Dear MISS xxxxxx

Case ID: xxxxx

We are emailing you to confirm that your recent Home Office application is still under consideration and we expect to make a decision within 6 months of the date of your application, which is our service standard. If we are unable to process your application within 6 months we will tell you as soon as possible.


So..the above statements are absolute rubbish?

[ryz777]

few points from gov.uk website

Service standards
If you apply to come to or remain in the UK, we want you to know that if your application is straightforward (for example, we can make a decision on it without asking you for more information) it will be decided within our processing times (our customer service standards). These are our customer service standards for applications made after 1 January 2014.

Customers applying in the UK for indefinite leave to remain (ILR) 6 months

If we can’t make a decision within the service standards
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 and within 12 weeks for the 6 month standard. The letter will explain what will happen next.

my case was straightforward, still took over 6months, HO didnt write to me to let me know it will go over 6 months. Surely dont you call that injsutice?

[legalkhan]

few points from gov.uk website

Service standards
If you apply to come to or remain in the UK, we want you to know that if your application is straightforward (for example, we can make a decision on it without asking you for more information) it will be decided within our processing times (our customer service standards). These are our customer service standards for applications made after 1 January 2014.

Customers applying in the UK for indefinite leave to remain (ILR) 6 months

If we can’t make a decision within the service standards
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 and within 12 weeks for the 6 month standard. The letter will explain what will happen next.

my case was straightforward, still took over 6months, HO didnt write to me to let me know it will go over 6 months. Surely dont you call that injsutice?

It is indeed called an injustice, They are sending that email for a reason though automated but they know that applicants would wait on the decision and in most case they would need their travel documents. By law you can't keep some one's documents for indefinite time. I am being treated the same way, pending application undecided for the last 8 months and still waiting.

[zimba]

Automated emails sent from HO have no legal bearings. You should not rely on them as legal expressions by HO. Unfortunately some applications can take very long time for all sort of reasons and postal applications tend to take much longer than expected these days.
The OP could have received his/her ILR on the same day at the PSC and instead chose the postal route and upgraded later.

[ryz777]

Automated emails sent from HO have no legal bearings. You should not rely on them as legal expressions by HO. Unfortunately some applications can take very long time for all sort of reasons and postal applications tend to take much longer than expected these days.
The OP could have received his/her ILR on the same day at the PSC and instead chose the postal route and upgraded later.

I was willing to wait 6 months and save that £500 extra you'd pay for PSC, I knew I had a straightforward SET M ILR so naturally thought HO would process it under their given service standard timeline hence I didn't even contact them once before the 6 months was up to get an update, they left me with no option other than to pay the upgrade fee not knowing if I had to wait another 6 months to get a decision. I think its a disgrace the way they hold people to ransom having already paid silly money for their service.

I have made a complaint about it and will let u know the outcome.

[makky86]

Automated emails sent from HO have no legal bearings. You should not rely on them as legal expressions by HO. Unfortunately some applications can take very long time for all sort of reasons and postal applications tend to take much longer than expected these days.
The OP could have received his/her ILR on the same day at the PSC and instead chose the postal route and upgraded later.

I was willing to wait 6 months and save that £500 extra you'd pay for PSC, I knew I had a straightforward SET M ILR so naturally thought HO would process it under their given service standard timeline hence I didn't even contact them once before the 6 months was up to get an update, they left me with no option other than to pay the upgrade fee not knowing if I had to wait another 6 months to get a decision. I think its a disgrace the way they hold people to ransom having already paid silly money for their service.

I have made a complaint about it and will let u know the outcome.

I think there must be more than 100K complains. The home office makes millions of pound and still such garbage slow service.