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Spouse visa timescale and what to do if rejected

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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jinijol
Newly Registered
Posts: 27
Joined: Thu Aug 27, 2020 8:21 pm
United Kingdom

Spouse visa timescale and what to do if rejected

Post by jinijol » Fri Nov 05, 2021 1:59 am

Hi there,

I am seeking advice re our Spouse Visa application for which Biometrics were submitted 55 working days ago. We are yet to recieve a decision.

There are two parts to my query.

1)

The .gov site states:

'Customers applying for settlement from outside the UK: 98.5% of settlement applications within 12 weeks of the application date and 100% within 24 weeks of the application date (where 1 week is 5 working days)'

and below:

https://righttoremain.org.uk/your-mp-an ... egal-case/

suggests that writing a letter to the local MP can push for legal decisions taking longer.

Now I appreciate that our application is still within timescale of even the large majority of applications, but I want to be well informed as far in advance as possible, to take a quote from above site:

'This can be very useful, as the Home Office have to respond to the MP’s query (although the response time can be very long).'

Although I don't know if this could actually be a mistake by unduly adding pressure that may contribute only negatively - opinions?

The problem is that my wife is vulnerable and we are becoming increasingly more restless and frustrated. Not from mere impatience but from real and constant threats to her wellbeing in her living circumstances.

2)

If God forbid the application is rejected and I see no certain and particular cause for this to happen however in preparation for all eventualities; is there anything stopping my wife from coming here again regardless? She seems to think that this wouldn't be possible, as she mentioned that after she left the UK the last time (of her own volition - however she would have had to leave anyway in the near future after that) that a staff member at the airport, at passport control I imagine it was, had informed her she wouldn't be able to return without a visa. But I don't understand why or how that would or could have been the case.

To give brief context (see my first post for more info), she originally arrived the in UK where I first met her and had claimed asylum. The case was denied to omit many details but she left shortly afterwards without being served any removal notice.

So I am also wondering, if the Spouse Visa does get denied, does anyone have any knoweldge about what would then prevent her from travelling here with a renewed intention to claim asylum again and try going down the humanitarian/10 year route with me as the family/spouse route being the new focal point in addition to the original claim reasons? I know that would likely be a complex and awkward case but it could potentially be a lot better than any alternative options we foresee which are all very limited, even more difficult and unpleasant.

Thanks for reading and for any replies in advance.

AmazonianX
Respected Guru
Posts: 7882
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Spouse visa timescale and what to do if rejected

Post by AmazonianX » Mon Nov 08, 2021 8:18 am

jinijol wrote:
Fri Nov 05, 2021 1:59 am
Hi there,

I am seeking advice re our Spouse Visa application for which Biometrics were submitted 55 working days ago. We are yet to recieve a decision.

There are two parts to my query.

1)

The .gov site states:

'Customers applying for settlement from outside the UK: 98.5% of settlement applications within 12 weeks of the application date and 100% within 24 weeks of the application date (where 1 week is 5 working days)'

and below:

https://righttoremain.org.uk/your-mp-an ... egal-case/

suggests that writing a letter to the local MP can push for legal decisions taking longer.

Now I appreciate that our application is still within timescale of even the large majority of applications, but I want to be well informed as far in advance as possible, to take a quote from above site:

'This can be very useful, as the Home Office have to respond to the MP’s query (although the response time can be very long).'

Although I don't know if this could actually be a mistake by unduly adding pressure that may contribute only negatively - opinions? While stated service times appears had to keep to in recent days, it will only be reasonable to wait for it, if earlier you will get a response that still within. However if you follow the path of involving MP early you won't be penalised or victimised. All can be said as reply is to exercise patience.

The problem is that my wife is vulnerable and we are becoming increasingly more restless and frustrated. Not from mere impatience but from real and constant threats to her wellbeing in her living circumstances.

2)

If God forbid the application is rejected and I see no certain and particular cause for this to happen however in preparation for all eventualities; is there anything stopping my wife from coming here again regardless? She seems to think that this wouldn't be possible, as she mentioned that after she left the UK the last time (of her own volition - however she would have had to leave anyway in the near future after that) that a staff member at the airport, at passport control I imagine it was, had informed her she wouldn't be able to return without a visa. But I don't understand why or how that would or could have been the case.

To give brief context (see my first post for more info), she originally arrived the in UK where I first met her and had claimed asylum. The case was denied to omit many details but she left shortly afterwards without being served any removal notice.

So I am also wondering, if the Spouse Visa does get denied, does anyone have any knoweldge about what would then prevent her from travelling here with a renewed intention to claim asylum again and try going down the humanitarian/10 year route with me as the family/spouse route being the new focal point in addition to the original claim reasons? I know that would likely be a complex and awkward case but it could potentially be a lot better than any alternative options we foresee which are all very limited, even more difficult and unpleasant.

Thanks for reading and for any replies in advance.

jinijol
Newly Registered
Posts: 27
Joined: Thu Aug 27, 2020 8:21 pm
United Kingdom

Re: Spouse visa timescale and what to do if rejected

Post by jinijol » Mon Nov 08, 2021 10:27 pm

Thanks for your words that have reassured me, AmazonianX.

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