Tier 4 - marriage cancelled due to COVID-19

[CR001]

My husband's student visa runs out on September 1st, 2020.
It isn't too late to apply is it?

No, why would it be. He can apply anytime until the date his visa expires. Not sure why you believe there is an issue.

[Selina001]

Thanks.
We were just thinking that especially due to the Global Pandemic it will take longer and we don't want to be waiting for a decision beyond the date of his visa expiry date - or is there some sort of rule that the applicant isn't classed as an ''over-stayer'' if they're waiting for a decision?
We also heard that the HO usually investigate, so again, this would take time I am assuming. I guess that they don't investigate every marriage, only suspicious ones lol.

[CR001]

Thanks.
We were just thinking that especially due to the Global Pandemic it will take longer and we don't want to be waiting for a decision beyond the date of his visa expiry date - or is there some sort of rule that the applicant isn't classed as an ''over-stayer'' if they're waiting for a decision?
We also heard that the HO usually investigate, so again, this would take time I am assuming. I guess that they don't investigate every marriage, only suspicious ones lol.

You are overthinking this.

The date of application is the date you submit and pay online. It is not the biometric date or the date of decision. An application submitted before visa expiry is an in time application and if the visa expires while in process, Section 3C of the Immigration rules kicks in, meaning his existing tier 4 visa conditions continue until a decision is made.

https://www.gov.uk/government/publicati ... d-3d-leave

Also, don't believe everything you 'heard'. You requested permission to marry, this was granted by HO, which is the whole purpose of requesting permission to marry from HO, this is when they conduct their investigation if necessary.

[Selina001]

Thank you CR001, that was very helpful.

I guess we just got a bit worried as the HO letter said that we may be subject to an investigation once we apply after the marriage.

This has put my mind at ease now, I will apply next week when I have July's statement.

Thanks a lot and I shall keep you update.
My employer letter is dates 14th July so hopefully this wont expire until after 28 days either.

[AmazonianX]

Thank you CR001, that was very helpful.

I guess we just got a bit worried as the HO letter said that we may be subject to an investigation once we apply after the marriage.

This has put my mind at ease now, I will apply next week when I have July's statement.

Thanks a lot and I shall keep you update.
My employer letter is dates 14th July so hopefully this wont expire until after 28 days either.

The employer letter is still fine by the time of application Next Week as you intend.

[seagul]

I guess we just got a bit worried as the HO letter said that we may be subject to an investigation once we apply after the marriage.

This has put my mind at ease now,

Checks over subsisting relationship will still be made as a normal practice.

[Selina001]

Hi,

Just an update.
We applied through a solicitor as wanted to let a professional do it - had a lot going on recently, lost a close friend to COVID-19 so wanted to take the pressure off myself.
Date of application is 29th July 2020.
We have been informed that the biometrics appointments are going to take a while as there are none at the moment.

I just wanted to ask, I am sure I read somewhere that you can use the current biometric data if you have them already, is this true?

Also, I submitted everything I listed in the post above (in this thread) – all dated correctly with the most recent payslip/bank statement being within 28 days – and stamped by the bank.

The solicitor however, said it is useful to supply a few letters from family/friends to confirm they attended the wedding. I know this isn’t a requirement but wanted to get a second opinion, does anyone think this will confuse the application or is it really useful to have anyway?

Also, any idea on when we may get a biometric appointment?

Thanks
S

[CR001]

I just wanted to ask, I am sure I read somewhere that you can use the current biometric data if you have them already, is this true?

It is not up to the applicant to decide. UKVI will identify those who qualify for biometric reuse and the applicant will be notified by email (presumably the solicitor if their email was used for the application).

The solicitor however, said it is useful to supply a few letters from family/friends to confirm they attended the wedding. I know this isn’t a requirement but wanted to get a second opinion, does anyone think this will confuse the application or is it really useful to have anyway?

Such letter are IRRELEVANT and carry no weight or influence on a spouse visa application. Anyone can write a letter and say anything, so they would be completely disregarded. Please, do NOT submit wholly unnecessary documents. HO knows what they want to see, which is why they ask for specific documents. Don't submit what you THINK is relevant, when it actually is not.

Also, any idea on when we may get a biometric appointment?

You will be notified by email.

[seagul]

The solicitor however, said it is useful to supply a few letters from family/friends to confirm they attended the wedding. I know this isn’t a requirement but wanted to get a second opinion, does anyone think this will confuse the application or is it really useful to have anyway?

Marriage certificate is usually deemed suffice along with few photographs (only for overseas marriages). Also UKVI is aware that a UK marriage won't have been performed without any participant as witness.

[Selina001]

Thank you both so much for that.
Today my husband received an email from UKVCAS saying that he can use his previous biometric information via the app, they said that they will send him details of how to download/use this app in the next few weeks.

Just wondering what happens now? He will download the app, submit what they ask and then the decision is made, right?
How will original documents be checked?

Thanks.

This is the email:

Off Topic

Dear Mr Fred Flinstone,

If you have received this message on behalf of the lead applicant, please ensure they are informed immediately.

In response to COVID-19, UK Visas and Citizenship Application Services (UKVCAS) is working closely with UK Visas and Immigration (UKVI) to accelerate the application process and tackle the significant demand for appointments.

UKVI is changing the way it processes applications in response to COVID-19 (see here). This new way of working involves reusing biometrics (fingerprints) that have been recorded in a previous application as part of the process to verify your identity.

UKVI have identified you as being eligible for this new approach involving biometric reuse.

Importantly, this new digital approach means you will not have to attend an appointment at a UKVCAS Service Point.

To allow biometrics to be reused, UKVI and UKVCAS (UK Visa and Citizenship Application Services) have worked together to develop a way to submit facial images using a new UKVCAS Identity Verification app (referred to below as IDV app).

The IDV app lets you submit application information to UKVI without having to book or attend an appointment with UKVCAS. This new, free to use, way of submitting information to UKVI will involve you taking a photo of yourself and uploading supporting information onto your mobile device. The IDV app is quick and easy to use and works on most Android and iPhones.

When will the IDV app be available?

Rollout of the IDV app will take place in phases, beginning in August. We will invite eligible customers to use the new IDV app rather than require you to book an appointment at a UKVCAS service point.

UKVI have confirmed that you are eligible to use the IDV app, as UKVI can use biometrics you have previously provided.

Please be reassured that your immigration status remains unaffected whilst your application is in progress.

[Selina001]

Also, I showed my solicitor and he said to opt out so we can get a physical appointment as it will be quicker as the app is going to he rolled out in phases!
Is this wise?

[seagul]

Also, I showed my solicitor and he said to opt out so we can get a physical appointment as it will be quicker as the app is going to he rolled out in phases!
Is this wise?

But nobody knows as when will you get the appointment unless you pay extra and get it.

[Selina001]

So is it better to go through the app?
Just a little confused as I would imagine the purpose of the app is so that it saves time.

[AmazonianX]

So is it better to go through the app?
Just a little confused as I would imagine the purpose of the app is so that it saves time.

The options enunciated, decision for you to make.

[seagul]

So is it better to go through the app?
Just a little confused as I would imagine the purpose of the app is so that it saves time.

App would be better and might bring swift decision.

[Thomas_84]

Also, I showed my solicitor and he said to opt out so we can get a physical appointment as it will be quicker as the app is going to he rolled out in phases!
Is this wise?

Yes

[Selina001]

Hi,

So we followed the instructions on the OPT-OUT email and sent in on Sunday 9th August.

Got an email on Saturday to book the biometric appointment which has been booked for the first week of September (yay!)

Just wondering what actually happens at the biometric appointment? I know we need to all our original documents but should I go with my husband too?

Also, what happens after the appointment? What would you say the waiting time is? I guess it will take longer now due to the pandemic which is understandable.

[CR001]

Just wondering what actually happens at the biometric appointment?

You enroll biomterics and ukcvas check your identity.

I know we need to all our original documents but should I go with my husband too?

Husband not required.

Also, what happens after the appointment?

Ukcvas submits to ukvi and then you wait for a decision.

What would you say the waiting time is? I guess it will take longer now due to the pandemic which is understandable.

It can vary between a few days to a few weeks.

[Selina001]

Thanks.
As it is my husband who is the applicant, I think you meant I am not required to attend?

We paid £110 for the biometric appointment, what is the difference between this and the free ones? Is there some benefit of this? The solicitor booked it for us and said no free ones were available.

Just another question, if the HO decide to interview us, I am guessing it will be after the biometric appointment?

Thanks always for your help.

[CR001]

We paid £110 for the biometric appointment, what is the difference between this and the free ones? Is there some benefit of this? The solicitor booked it for us and said no free ones were available.

Purely availability. Paying for an appointment does affect the ukvi process. It is only a ukcvas fee. Ukcvas is a third party agent.

Just another question, if the HO decide to interview us, I am guessing it will be after the biometric appointment?

There is no interview usually, it is very very rare.

[Selina001]

Oh I see, thanks.
I’ve had many family members and friends tell me that the HO conduct random interviews to determine the genuineness of the relationship.

We however have provided pictures and wedding photos as well as the tenancy agreement etc.

I suppose they only investigate if it appears to be a dodgy marriage or if he has overstayed.

Also, just to confirm, even when his visa expires, he is ok to work right? As long as there is an open application?

[seagul]

Also, just to confirm, even when his visa expires, he is ok to work right? As long as there is an open application?

Yes provided an in time application has been submitted. However, until acquiring the positive decision his all visa conditions/restrictions will remain unchanged as were attached to previous visa (tier 4)

[Selina001]

Hi,

So we submitted the application last week.

Just a question though, I have read that some people receive an ‘acknowledgement’ email.

We haven’t received this and nor has the solicitor, is this normal?

Also, is there a way for us to track our application at all?

Thanks
Selina

[AmazonianX]

Hi,

So we submitted the application last week.

Just a question though, I have read that some people receive an ‘acknowledgement’ email.

We haven’t received this and nor has the solicitor, is this normal?

Also, is there a way for us to track our application at all?

Thanks
Selina

You may or may not or receive it at a date further down the line.

[Selina001]

Thanks. Is there any way of tracking the application?