Average Waiting Time for non Straighforward applications

Siggi · Post by **Siggi** » Sat Apr 28, 2007 12:49 am

jamalkhan,
Two points here, one are you married or engaged?If you are married it should straight forward if your wife/fiance is British.

If your not married it might be a bit more differcult, to secure a fiance visa, but posible.
Last point is your fiance/wife British?If she is not your problems are greater and securing a visa even more differcult.
Good luck!

jamalkhan · Post by **jamalkhan** » Sat Apr 28, 2007 1:00 am

she is british, the problem was that we could not get married and this is why I came back back
do you know how long does it normally take
and I have been told that the law is same for Fiance/Spouse
Our intention is to get married in UK as Surely they should consider that we cannot really get married here

sraboni123 · Post by **sraboni123** » Sat Apr 28, 2007 5:50 pm

I can totally understand ur frustration, but unfortunately for non-straightforward cases the home office can take ages and i know peoples whose files have been there for years before they hear a word from them. Wish you good luck and hope it works out for you and your fiance.

jamalkhan · Post by **jamalkhan** » Sun Apr 29, 2007 4:49 pm

but they are bound to give some answers or a decision in 90 Days Timeline, or not?
Surely they call me for the interview or something soon?
Surely the deicision has to be made!

Jeff Albright · Post by **Jeff Albright** » Sun Apr 29, 2007 6:38 pm

jamalkhan wrote:but they are bound to give some answers or a decision in 90 Days Timeline, or not?

Please note that 90 days time is actually the period the Embassy itself processes your application. Your application will probably have to be referred to the Home Office. Once they have pressed the button of referral, their job is over and they have no longer any control on the process. This is where the 90 days timeline ends. There is no limitation on how long the Home Office can take to deal with referral. Some referrals for spouse applications for example (although yours is the one for fiance visa as I understood it) can take up to 6 - 9 months.

Surely they call me for the interview or something soon?

Depends entirely on what you have submitted in your application. Since you were assisted by a solicitor, they must have ensured everything was prepared correctly and fully. You will only be called for the interview if there are any outstanding questions or issues, which are material to your application. If you have submitted everything, including statements explaining your previous immigration history, there will be no need to call you for the interview.

Surely the deicision has to be made!

Surely. The decision will be made by the Home Office. The ECO will simply abide by it. If your application has been already referred, it is good news meaning that the Embassy itself had no outstanding issues and it is unlikely you will be called for an interview from that point onwards. All you need is to wait until they hear back from the Home Office.

jamalkhan · Post by **jamalkhan** » Sun Apr 29, 2007 7:35 pm

thanks Jeff,

So will I be informed about the progress, for example if my Fiance Wants to chase will they asist her in this regard?
We were planning to get married very soon and now all the plans are out of the window.

What about the debts I have left, I really need to manage them when I get back and I have only allocated 3-4 months to resolve this

In your expereience do you think is there a possibility at all that it may get sorted in couple of months ????

I have never thought this will go this way

Jeff Albright · Post by **Jeff Albright** » Sun Apr 29, 2007 11:32 pm

jamalkhan wrote: So will I be informed about the progress, for example if my Fiance Wants to chase will they asist her in this regard?

You will get a call from ECO once a decision is received from the Home Office. Neither your fiancee, nor your solicitor, nor the ECO nor yourself will be able to influence the referral process. All of you just have to sit tight and wait.

We were planning to get married very soon and now all the plans are out of the window.

You will have to wait until you get back to the UK and will have to do it within 6 months.

What about the debts I have left, I really need to manage them when I get back and I have only allocated 3-4 months to resolve this

This is not the Home Office or ECO business, I am afraid.

In your expereience do you think is there a possibility at all that it may get sorted in couple of months ????

I have seen someone getting their visas within two months, so I would say this will be around the average waiting time.

jamalkhan · Post by **jamalkhan** » Mon Apr 30, 2007 2:17 pm

Thanks Jeff

I hope and pray that they do not delay this.
Do you think I took the right step coming back and applying from here or would it have been better to apply when I was in the UK?

Legal problems may get sorted but the damage it has done emotionally is un calculated, I have been going ill and now on depression treatment.

jamalkhan · Post by **jamalkhan** » Mon Apr 30, 2007 11:13 pm

Jeff or anybody else
Do you have any other advice for me in this regard

jamalkhan · Post by **jamalkhan** » Wed Jul 18, 2007 5:17 pm

After waiting 14 weeks for a decision and apart from my fiance
I was refused

Completley broken, lost and do not know what to do.

On top of this, the decision was made in First week of june and I was given 28 days however Fedex gave me the passport today. This means it has already been 28 days since the decision was made

Can any body tell me if my right of appeal has also been taken

I wish I never Left UK :

The reason for Refusal from EC was overshadowed undoubtly due to my immigration history however they used clauses such as 290(iii) to refuse the application.

Where is the Human Rights???

I was not even interviewed, was not only given a chance to talk

SYH · Post by **SYH** » Wed Jul 18, 2007 6:13 pm

jamalkhan wrote:After waiting 14 weeks for a decision and apart from my fiance
I was refused

Completley broken, lost and do not know what to do.

On top of this, the decision was made in First week of june and I was given 28 days however Fedex gave me the passport today. This means it has already been 28 days since the decision was made

Can any body tell me if my right of appeal has also been taken

I wish I never Left UK :

The reason for Refusal from EC was overshadowed undoubtly due to my immigration history however they used clauses such as 290(iii) to refuse the application.

Where is the Human Rights???

I was not even interviewed, was not only given a chance to talk

Not to be funny but you hired a solicitor so he should be your best source of info for all your questions and then it would help the forum if you could tell us what he says. IN any case, I dont know what this clause is so you would have to look it up. However, I think you can't be upset with HO, you took advantage of their hospitality big time. An interview isn't mandatory, if they had interviewed you and refused, then they would have been wasting your time with an undesirable result.

chrissy · Post by **chrissy** » Wed Jul 18, 2007 6:25 pm

Jamalkhan, sorry to hear about the refusal. I can only imagine what you are feeling right now.

SYH, dont you think you could be a little more sympathetic? If you only have words that would only further frustrate Jamalkhan, dont you think you should maybe keep them to yourself?
You are not helping the situation, for christs sake, he only just got the decision!! I thought this forum was to help people, not to make people in difficult situations feel even worse than they already do.

P.S How has he taken advantage of HO's 'hospitality', by the way?

SYH · Post by **SYH** » Wed Jul 18, 2007 6:33 pm

chrissy wrote:Jamalkhan, sorry to hear about the refusal. I can only imagine what you are feeling right now.

SYH, dont you think you could be a little more sympathetic? If you only have words that would only further frustrate Jamalkhan, dont you think you should maybe keep them to yourself?
You are not helping the situation, for christs sake, he only just got the decision!! I thought this forum was to help people, not to make people in difficult situations feel even worse than they already do.

P.S How has he taken advantage of HO's 'hospitality', by the way?

He overstayed 9 years, sorry that the consequences to one's action is too sobering for the forum
However, I was reacting more to his dismay that he wasn't interviewed, as if somehow that is a requirement for the HO to provide him or it is his right to get one.

chrissy · Post by **chrissy** » Wed Jul 18, 2007 7:07 pm

Ok well hospitality would imply that the HO knew of his situation and so kindly allowed him to stay in the UK. We all know that if they knew of his situation he would have been deported. Anyway I am going to get off that.

No one is trying to say that he was right in staying in the country when he shouldnt have, however, no one can really judge without having walked in the next persons shoes. I am also not saying anyone should comfort him, but if you have nothing positive to say then just dont say it.

SYH · Post by **SYH** » Wed Jul 18, 2007 7:20 pm

chrissy wrote:Ok well hospitality would imply that the HO knew of his situation and so kindly allowed him to stay in the UK. We all know that if they knew of his situation he would have been deported. Anyway I am going to get off that.

No one is trying to say that he was right in staying in the country when he shouldnt have, however, no one can really judge without having walked in the next persons shoes. I am also not saying anyone should comfort him, but if you have nothing positive to say then just dont say it.

Don't judge me lest you be judged.
However, for sure, positivity is not a requirement to have an opinion or make a comment on the forum.

For hospitality to be taken advantage does not require one to know about the overstayer's existence, hospitality begins from their reception of the guest which was the student visa, then the overstay was a conscious disregard on his part of the HO's hospitality, especially for 9 years which probably was the aggravating circumstance for the HO's denial

chrissy · Post by **chrissy** » Wed Jul 18, 2007 7:41 pm

Ok well I guess you are right, SYH. Positivity is not a requirement. I just thought most people, especially on this board, were courteous....especially considering the fact that this forum is to offer help, advice and assistance to people.

SYH · Post by **SYH** » Wed Jul 18, 2007 8:56 pm

chrissy wrote:Ok well I guess you are right, SYH. Positivity is not a requirement. I just thought most people, especially on this board, were courteous....especially considering the fact that this forum is to offer help, advice and assistance to people.

Look here chrissy, I don't appreciate your characterization of my comments as being less than courteous. I have been polite and civil. Being discourtious would have entailed me calling him stupid or something like that. I think you expect me to coddle him or being more indulgent toward him to meet your level of courtesy, otherwise to continue insisting I sound more sympathetic, not to say I am not, is being a bit preachy for me.

chrissy · Post by **chrissy** » Wed Jul 18, 2007 9:24 pm

Being discourtious would have entailed me calling him stupid or something like that. I think you expect me to coddle him or being more indulgent

You dont have to say it, you can imply it. Which is what I think you did. I am sure you can appreciate I am as entitled to my opinion as you are and in my opinion you were not courteous.

FYI : Meaning of courteous :-Characterized by gracious consideration toward others.

SYH · Post by **SYH** » Wed Jul 18, 2007 9:29 pm

chrissy wrote:
Being discourtious would have entailed me calling him stupid or something like that. I think you expect me to coddle him or being more indulgent
You dont have to say it, you can imply it. Which is what I think you did. I am sure you can appreciate I am as entitled to my opinion as you are and in my opinion you were not courteous.

FYI : Meaning of courteous :-Characterized by gracious consideration toward others.

OK I am at the point of whatever with you and your soapbox so ...
Whatever, moving on

chrissy · Post by **chrissy** » Wed Jul 18, 2007 9:45 pm

The feeling is mutual.....

avjones · Post by **avjones** » Wed Jul 18, 2007 9:45 pm

To get back to the point, could you tell us exactly why the application was refused? What does the reasons for refusal letter say?

jamalkhan · Post by **jamalkhan** » Wed Jul 18, 2007 10:26 pm

Guys Do not fight over me, I do not deserve any sympathy
I should have really got married to my fiance legally/illegally and not come back.

any way the letter says that ECO is not satisfied that
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership

Because I got enagaged to my Fiance almost a year ago however I knew her for over 5 years and he does not believe that we are going to get married. I stated that fact that I did not want to get married at that time until both mine and her families are agreed

Once again this has been written in context with my immigration history as ECO believes that I will not follow this rule because I did not previously when I was a kid and overstayed for 9 years due to the mistakes that my elders made in the begning

Secondly he also used
(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively;

This is so not true, I provided them with the survey report of the accomodation that I wil be living in and also the signing letter of my fiances property which will be ready by end of this year.

SYH · Post by **SYH** » Wed Jul 18, 2007 10:38 pm

jamalkhan wrote:Guys Do not fight over me, I do not deserve any sympathy
I should have really got married to my fiance legally/illegally and not come back.

any way the letter says that ECO is not satisfied that
(iii) each of the parties intends to live permanently with the other as his or her spouse or civil partner after the marriage or civil partnership

Because I got enagaged to my Fiance almost a year ago however I knew her for over 5 years and he does not believe that we are going to get married. I stated that fact that I did not want to get married at that time until both mine and her families are agreed

Once again this has been written in context with my immigration history as ECO believes that I will not follow this rule because I did not previously when I was a kid and overstayed for 9 years due to the mistakes that my elders made in the begning

Secondly he also used
(v) there will, after the marriage or civil partnership, be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively;

This is so not true, I provided them with the survey report of the accomodation that I wil be living in and also the signing letter of my fiances property which will be ready by end of this year.

Then I guess the best option would be to get married and see if that changes their minds.

Jeff Albright · Post by **Jeff Albright** » Wed Jul 18, 2007 11:27 pm

Jamal

I am very sorry to hear that the appication has been unsuccessful.

First of all, from what you just said, let me assure you that your overstay was not the reason for this refusal.

Previous breaches of the immigration rules do make any future entry clearance application extra vulnerable. However, they rarely lead to a permanent refusal of a future application in the category leading to settlement. You always have to be double sure that the evidence provided is sufficient.

Therefore, it is always strongly recommended that you write a cover letter where you run through the paragraphs of the applicable rules, emphasize several times that you meet every single criteria of them and why you meet them, what you provide, the documents you enclose. Make it as simple as possible to ECO to follow it, make it clear that you satisfy all the requirements, cross refer your letter with your application. Do not dwell too much on what happened in the past, just a brief statement will be sufficient but concentrate more on your current circumstances and explain how they apply to the relevant paragraphs within the rules.
ECOs do not have grudge on applicants, they simply want to see in front of them that every line in their instructions is clearly met. They do not come from extra intelligent backgrounds so it is imperative that your case is chewed over to them.

You may still be successful if you reapply as a fiance or unmarried partner but if you are both married, this will make you a much stronger case and you will not have to provide so much evidence than in the former cases.

Better luck to you next time and keep us informed.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Average Waiting Time for non Straighforward applications

Average Waiting Time for non Straighforward applications