Home Office Replied MP about Spouse Visa application

[jafersadeq]

Dear Gurus,

My daughter applied for a spouse visa (meeting minimum income and English language requirements) on 17/07/2023, and after 2.5 months she asked her MP to chase the application, the Home Office replied the MP with the below answer:

“
Dear M.P,
Thank you for your email correspondence of 2 October 2023 on behalf of XXXX, about her immigration matter.
MPAM Reference:
On 17 July 2023, Miss xxxxx submitted an application for Further Leave to
On 17 July 2023, Miss XXXX submitted an application for Further Leave to Remain (FLTR) and this remains outstanding.
It may be helpful if I explain that FLR(FP) applications are not currently subject to any service standards.
The GOV.UK website was updated on 7 September 2023 to advise that applications made on a 10-year partner, parent or private life route (and also on a 5-year parent route) are now taking around 12 months to complete; some may take longer. Further details are available here: Visa Decision waiting times: applications inside the UK - GOV.UK (www.gov.uk).
Applications are considered on their own merits, and we endeavour to consider them as quickly as possible. However, there may be circumstances which result in an extended delay in the application processing time.
It is not the intention to cause any unnecessary delay and every endeavour is being made to make decisions at the earliest opportunity.
Yours sincerely
MP Account Management Team
Customer Services
Visa, Information and Passports Group | Home Office
“


And my daughter answered MP as below:

Dear MP XXX,

Many thanks for what you did for me, I appreciate your help.
I would like to comment on the Home Office message:

1- I applied for Spouse Visa from inside the UK and not for FLR(FP) as the Home Office informed you.
There is different between Spouse Visa and FLR(FP), as FLR(FP) is a Family visa extension on the basis of private life (i.e. human rights) in the UK for 5 and 10-year routes.

My UK spouse visa, also known as Marriage Visa in the UK, is a UK family visa.
2- Also, Home Office say:
“The GOV.UK website was updated on 7 September 2023 to advise that applications made on a 10-year partner, parent, or private life route (and also on a 5-year parent route) are now taking around 12 months to complete. “
It was for some family routes listed in the link below but not for my visa type:
Guidance for Family Visas: customer service standards:

https://www.gov.uk/government/publicati ... -standards
For my visa, please see the row:
Partner or spouse (meeting minimum income and English language requirements): Inside the UK is (8 weeks).
They looked at the wrong one which says:
Partner or spouse - private life (minimum income and English language not required): Inside the UK is (No service standard) …
“That means FLR(FP) not my visa type.”
Please note that they stated 8 weeks standard processing time in their website as you can see when you open the link above.
Regards
XXXXX
“


Please advise if the Home Office is right or my daughter is right?
Any legal way to expedite the application?

Thanks a lot and I hope you answer it

[Casa]

If your daughter submitted a Spouse Settlement visa from within the UK (assuming this was for herself) , which category of visa did she hold at the time of submission ?

[jafersadeq]

If your daughter submitted a Spouse Settlement visa from within the UK (assuming this was for herself) , which category of visa did she hold at the time of submission ?

She hold a student visa from Oct 2021 to Nov 2023, she was in the UK for 4 years as T1-Entr. dependant and she left the country and came back as a student. She has a good immigration history.

[Casa]

So your daughter was married when she switched from a student visa to a FLR(M) visa application?

If so, there does appear to be an error by the Home Office Case Worker,

[jafersadeq]

So your daughter was married when she switched from a student visa to a FLR(M) visa application?

If so, there does appear to be an error by the Home Office Case Worker,

es she got married in May 2023 and she has got UK marriage certificate, she switched from student visa to spouse visa, her husband has ILR.
Please confirm if she was right and not the home office.
Also she only got the standard service when she applied, I have read a thread in this forum that someone applied by using fast track service (super)..I wonder if this service is available for her or not.

[AmazonianX]

So your daughter was married when she switched from a student visa to a FLR(M) visa application?

If so, there does appear to be an error by the Home Office Case Worker,

es she got married in May 2023 and she has got UK marriage certificate, she switched from student visa to spouse visa, her husband has ILR.
Please confirm if she was right and not the home office. Yes
Also she only got the standard service when she applied, I have read a thread in this forum that someone applied by using fast track service (super)..I wonder if this service is available for her or not. This is on availability of the service at the time of application, you can not switch an already submitted and in progress application for priority or super priority.

[jafersadeq]

Dear Gurus,

The HO replied:

Dear MP..

Thank you for your further email correspondence of 12 October 2023 with enclosure on behalf of XXXXX, about her immigration application.

We are sorry for the information we provided in our previous response about FLR(FP) application.

On 17 July 2023, Ms XXX submitted an application for further Leave to Remain.

The service standard for the type of application submitted is eight weeks.

Unfortunately, we have not been able to conclude the application as further checks are required. On 10 September 2023, we wrote to the legal representative by email, advising that further checks are needed.

As part of the application process, we have to make a number of enquiries to ensure that statutory requirements have been satisfied. The extent and length of time taken to complete these varies according to the particular circumstance of each application.

Although, I am unable to provide a timescale, please assure Ms XXXX that we will contact her legal representative as soon as a decision has been reached.

Yours sincerely

MP Account Management Team
UK Visas and Immigration and HM Passport Office

[Casa]

In which case, you need to follow this up with your legal representative.

[jafersadeq]

Dear Gurus,

From 17/7/2023 to 17/11/2023 four months passed and no answer from the HO.
What shall we do, the standard timeline is 2 months.
Please advise

[Casa]

In which case, you need to follow this up with your legal representative.

What information has your legal advisor been asked to provide Have they done so

[jafersadeq]

In which case, you need to follow this up with your legal representative.

What information has your legal advisor been asked to provide Have they done so

Home Office did not ask for any information, they only said that they cannot process it within the timeline.

[jafersadeq]

Dear Gurus,

Yesterday HO Replied:

Dear XXXX

Thank you for submitting your application for Leave to Remain.
 
We are unable to conclude the application at this time as we require additional information.
 
Please can you provide more evidence of cohabitation for the sponsor and applicant. Examples of acceptable types of documents are listed below.

letters or other documents from government departments or agencies, for example HM Revenue and Customs, Department for Work and Pensions, DVLA, TV Licensing
letters or other documents from your GP, a hospital or other local health service about medical treatments, appointments, home visits or other medical matters
bank statements/letters
building society savings books/letters
council tax bills or statements
electricity and/or gas bills or statements
water rates, bills or statements
mortgage statements/agreement
tenancy agreement(s)
telephone bills or statements
letters from schools or nurseries

Please send any document(s) as a scanned attachment within 14 days of this email to: FLRMAtlasValidate@homeoffice.gov.uk quoting your application reference in the subject line. Please attach the document directly to the email as we are unable to access links to files hosted on sites such as Dropbox™ or Google Drive™. Please note that multiple files may be too large for our inbox to accept, in this instance please split the attachments over more than one email as required.
 
Please note failure to reply to this email within 14 days may result in further delays to a decision being made and/or may result in the application being made on the basis of the evidence already provided. This may result in the application being refused in accordance with the immigration rules.


FYI, I sent with her application many cohabitation documents, I wonder why do they ask again.
Shall I send from date of application 20/7/2023 so far or from the wedding date so far?
I have most documents online pdf files, is it acceptable?

Please advise

[AmazonianX]

They asked for "more". Would suggest you send from when they started living together/the ones you already sent and add new ones from the July 2023 date you stated.