Conversion of Postal SET(M) Application to Premium Service

[serengetiuk]

My son-in-law submitted his postal application through the checking service in January, having been told by the Register Office that he should expect to get his visa back by Easter, and that it should speed matters up by going through the checking service. He and my daughter are now trying to buy a house, but the bank is saying that they cannot release mortgage funds until he has his visa, and it is likely that they will lose the house.

All enquiries to the UKBA are being stonewalled with the response that they aim to complete 95% of applications within 6 months. Is it possible to convert the application to premium service? If so, how does that work, and how long does it take?

[Greenie]

no it's not possible to convert the application. He could withdraw it but he would lose the fee and then have to pay the premium fee on top, and if his leave has now expired, this would not be advisable because he would then be an overstayer.

Has he tried contacting his MP?

[serengetiuk]

Yes, he has tried contacting his MP (who incidentally is a senior cabinet minister). The UKBA wrote back pointing out that they aim to process 95% of applications within 6 months, which doesn't exactly tell anyone something they didn't already know. His original leave to stay expired at the end of January, because of course he couldn't even apply for ILR until 28 days before it was due to expire. We also don't know how long it would take to get his documents back if he withdrew his original application.

We are currently waiting to see a copy of the reply from the UKBA before writing again to our MP.

[Greenie]

Yes, he has tried contacting his MP (who incidentally is a senior cabinet minister). The UKBA wrote back pointing out that they aim to process 95% of applications within 6 months, which doesn't exactly tell anyone something they didn't already know. His original leave to stay expired at the end of January, because of course he couldn't even apply for ILR until 28 days before it was due to expire. We also don't know how long it would take to get his documents back if he withdrew his original application.

We are currently waiting to see a copy of the reply from the UKBA before writing again to our MP.

it is not advisable to withdraw the application in these circumstances as he is currently benefiting from 3C leave which will expire once he withdraws his application. Any subsequent premium application he makes may be subject to a delay because he will be applying out of time, he also won't get a right of appeal if refused.

best to stick with the application and ask the MP to keep pursuing. Is his application straightforward

[serengetiuk]

Thanks for your replay again Greenie. Yes, his application is completely straightforward. All of the requested documents (and more) were supplied to the Register Office for the checking service. The Register Office representative confirmed that everything was in order, and that my son-in-law should probably expect to receive his visa back by Easter. There has been no news since then. Phone calls, letters and emails to the UKBA and Home Office have been answered by "we aim to complete 95% of all aplications within 6 months".

[1971]

Serengetiuk,

HO takes btw 1 - 6 months to process straight-forward postal application. Since he submitted by post in Jan'12, it implies that the earliest time he should expect a decision could be btw Jan '12 - July '12. If he hasn't heard from HO by end of July '12, he can then call them up and request a speedy service. Please and please dont withdraw the application as an attempt to do so, will be tantamount to overstaying and will be a very good basis for HO to refuse his premium service application - as you mentioned that his previous LTR expired in Jan. '12, he'll also loose the postal application fee and pay a new premium fee. Not worth it at all. If he has a Driver's Licence & the letter from HO, he can temporarily present that to the Bank or better still, request from the bank if there are any alternative proof required.

Pls, be patient, it will arrive soon. I waited for almost 5 months for mine and it came with the ILR stamp on it.

I hope this helps.

Regards,
1971.

[serengetiuk]

Hello 1971,

Thanks for your reply. There isn't really an issue with proving identity to the bank, that has already been done. The problem is that he cannot prove that he has a permanent right to stay. My daughter's income alone is not sufficient to support the mortgage, and the bank would not want to carry the risk of having to re-possess the house if my son-in-law was deported. They have a mortgage offer, but release of the funds is conditional on him proving his ILR.