tier-1 wrote:Well I cannot directly refute the point Greenie made since I am not familliar with the kind of visa in question here.
However I can say for certain that if there is a process for grant of visa and is based in documentary evidence, then it can be taken to ombudsman. Anyway there is no harm in trying speaking to ombudsman and checking out.
With regards to date: Greenie, Waht you are saying could be true but again I differ. If only that was the case, then UKBA could always hold on to an application untill the applicants circumstances are not good enough and then refuse.
All visa application have timelimit and if the UKBA go beyond that and the circustances of the applicant detoriate, then that is not for the advantage of UKBA.
And exactly these are the points that need to be taken to Ombudsman. From my experience, ombudsman can tell UKBA to reconsider their decision, which is a cue to UKBA. If the UKBA stil refuses and the matter goes at ahigher level, the UKBA will be flogged to give the decion ombudsman thinks right. Fortunately UKBA are intelligent enough to pick the cues and avoid being flogged.
It is not just the case for HRs applications, but for all applications (apart from PBS applications where for example maintenance requirements need to be met on the date of decision). The decision maker decides whether the person meets the requirements on the date of the decision.
If a person applies for leave as a spouse and the relationship breaks down before a decision is made, he or she will n ot be granted leave to remain as a spouse (unless the UKBA is unaware of the breakdown).
If a person makes a tier 2 application and has been issued a CoS but in the meantime the CoS is withdrawn, the application would be refused because the applicant would not meet the rules on the date of decision.
This works both ways - if a person applies and doesn't meet the rules (for example hasn't passed the relevent English lang test for a spouse visa) but then provides evidence of passing the test before a decision is made, he can send this evidence which sould then be considered.
If the UKBA delays significantly in making a decision on application and that application is based on the person's right to a family life in the UK, the chances are if family life is still established that such grounds will be stronger due to passage of time.
UKBA generally do not delay applicants for the purpose of being able to refuse them 2.5 years later, they delay due to other operational reasons.
The ombudsman can suggest that UKBA reconsider but where a person has a right of appeal to the tribunal this should be exercised before taking the matter to the ombudsman.