OLD FLR(M) waiting times Thread

[samestory]

Hello everyone,

I just read the post above by Mice and replies she got....

Replied back in the original forum where this topic probably belongs.

Yes, I agree with you. If you recall, she posted earlier on this forum too and had some of us on here guessing why she got that decision. I copied it on here for the benefit of people like me who only check the FLR(M) waiting times forum. I also agree that you did respond well to her on the other forum.

[ocforever]

Hello, Guys!
I have been following this forum for quite a long time, but only now I have decided to post some information. I hope to be helpful....
It has been 6 months and 11 days. Let's wait, I need a very deep bag full of patience.

My time line is :
Docs. sent: 24th May
Ack. Letter: 06th Jun
Bio Letter: 14th Jun
Docs returned :
BRP arrived:

[CSilver]

Mice's refusal is very worrying to me - I'm so sorry Mice.
My first two applications were refused because the payment could not be processed (turns out it was the UKBA's fault) so my third one was made in July, several months after my Fiance visa expired - however I have been under the impression that as long as I applied for the first time before my fiance visa expired, it wouldn't matter that I had to apply again in July, as my first application was still before the expiry. Does anyone know if this is true, or will they simply see that my most recent application was made after the visa expired and refuse it?
I was also under the impression that those of us entering the UK on a fiance visa before the 9 July changes (I entered in January) were not held under the new financial rules...

Could anyone shed some light?

Many thanks.

[samestory]

Hi Mice

I was refused for a visa with no right of appeal as well (tier 2) - I found out why I had been refused and made a new application which was successful. My point is, this isn't the end! You can still re-apply.

j) In my opinion, 'You have no right to appeal' is casework tactics to scare Mice. You can find out that the UKBA is not always right and get proved wrong sometimes by court judges. Mice, can you contact emyfraser and ask him/her the procedure because he/she posted they have been refused a right to appeal before?

Just a couple of comments on this - it is my understanding that if someone is given 10 days to leave the country, fair or not, if they want any possibility of returning they have to leave. Period. "no right of appeal" is not a tactic, it's a fact.

As such, if Mice were to make a new application it would need to be made in her home country and would need to address all of the issues raised by the UKBA with her original application.

Hi Emyfraser,

If you read your first comment to Mice, you were quite vague. If anything, you encouraged her that she could reapply as you had found yourself in the same position before. Then I advised her to contact you and ask about the procedure. I did not say she had to appeal. Just like her, you did have a 'no right to appeal' decision once. Did that make you scurry back to your home country?? No. You composed yourself and tried to sort it. You seem to think that having more time on your visa was the reason you were successful the second time (aside pointing out the mistakes from your employer). I have a right to my opinion and I say it is casework tactics. A lawyer can argue that Mice wasn't given enough time to leave the country. How can she pack up and move in 10days? 28 days would have been considerate. Does she even have transport or didn't you hear her distressing about her partner leaving home everyday to seek a better job to bring in more money? How many applications gone bust in the UK become successful when you apply from outside the UK? Do you wonder why most people prefer to sort it from here? Mice, I hope (aside from this forum) that you are researching and making calls to lawyers to get an opinion on what you should do before the lapse of your deadline.

[samestory]

Mice's refusal is very worrying to me -
My first two applications were refused because the payment could not be processed.......

My sentiments exactly. They shouldn't class her as applying for FLR(m) after her visa expired because of payment problems. However, since the purpose of forums like this is to learn from the experience of others, maybe you should start asking yourself,'what if?' and start making calls too.

[October2012applicant]

[quote="AmunRah"][quote="meemyself&I"]My timeline:

Visa type: FLR (M)
Application posted: 31 October 2012
Payment taken: 2 November 2012
Ack. letter: Dated 2 Nov (received 5 Nov 2012)
Biometric letter: Dated 26 Nov (received 29.11.12)
Biometric enrolled: 29 November 2012[/quote]

I've been following this particular thread keenly for a while now. I applied on 4th Oct, docs recieved 5th Oct. Acknowledgement letter recieved 25th Oct.

However, your (meemyself&I) case seems to have gone ahead of mine. Any thoughts on that? My case was straight forward and I put in everything bar the Spam sink into my application envelope.[/quote]

Visa type: FLR (M)
Application posted: 2 October 2012
Payment taken: Unknown (I submitted a bank draft)
Ack letter: Dated 21 Oct 2012 (received 25 October 2012)
Biometric letter: Not received
Biometric enrolled: Not yet enrolled although I did receive a Biometrics Residence Permit when I got my PSW visa.

Hi AmunRah,

Like you, I applied in early October 2012 and have yet to receive my Biometrics letter. I am also confused about the whole Biometrics business. When I applied for my PSW visa in 2010, I was given a Biometrics Residence Permit; for the current application, my FLR(M) as a spouse of a British citizen, am I still required to enrol my biometrics information? I believe they already have my details in their central system.

I'd really appreciate it if anyone can clear this up for me.

Thank you very much,
October2012applicant.

[CDNgirl]

October2012applicant

Like you, I applied in early October 2012 and have yet to receive my Biometrics letter. I am also confused about the whole Biometrics business. When I applied for my PSW visa in 2010, I was given a Biometrics Residence Permit; for the current application, my FLR(M) as a spouse of a British citizen, am I still required to enrol my biometrics information? I believe they already have my details in their central system.

I'd really appreciate it if anyone can clear this up for me.

I applied in September and have not yet recieved my biometrics letter either. Unfortunately it seems like whatever application they happen to have at hand get the letters sent out, as it's not done in date recieved order.

Regardless if you have done your biometrics already, you will have to do them again. I as well had to enroll them two years ago for my student visa. Nothing we can do...but wait.

[October2012applicant]

October2012applicant

Like you, I applied in early October 2012 and have yet to receive my Biometrics letter. I am also confused about the whole Biometrics business. When I applied for my PSW visa in 2010, I was given a Biometrics Residence Permit; for the current application, my FLR(M) as a spouse of a British citizen, am I still required to enrol my biometrics information? I believe they already have my details in their central system.

I'd really appreciate it if anyone can clear this up for me.

I applied in September and have not yet recieved my biometrics letter either. Unfortunately it seems like whatever application they happen to have at hand get the letters sent out, as it's not done in date recieved order.

Regardless if you have done your biometrics already, you will have to do them again. I as well had to enroll them two years ago for my student visa. Nothing we can do...but wait.

Thank you very much CDNgirl. I just got off the phone with UKBA and I was told that my application is not on the system as it has not been allocated yet and as it is not allocated, nothing (ie biometrics letter) has been sent out. I think you are right, they (UKBA) are not processing the applications in chronological order/date received, I suppose if our applications are in a box that is on top of the pile, it'll get looked at first, seems unfair but guess that's how it is

I wish everyone on this forum all the very best, let's hope we'll get our visas soon!

[backagain]

I was also under the impression that those of us entering the UK on a fiance visa before the 9 July changes (I entered in January) were not held under the new financial rules....

My wife sent me a "Honey" message to share this with you.

Will you say to this person that they are correct on this sentence below...Pre July 9th Fiance visa for right to marry will be on the old maintenance.

As per our solicitor's advise
Your application should be processed under the old Rules as Backagain's initial visa was granted long before the Rules were changed, not to mentioned that you submitted his FLR(M) application prior to 9 July 2012.

[emyfraser]

Hi Emyfraser,

If you read your first comment to Mice, you were quite vague. If anything, you encouraged her that she could reapply as you had found yourself in the same position before. Then I advised her to contact you and ask about the procedure. I did not say she had to appeal. Just like her, you did have a 'no right to appeal' decision once. Did that make you scurry back to your home country?? No. You composed yourself and tried to sort it. You seem to think that having more time on your visa was the reason you were successful the second time (aside pointing out the mistakes from your employer). I have a right to my opinion and I say it is casework tactics. A lawyer can argue that Mice wasn't given enough time to leave the country. How can she pack up and move in 10days? 28 days would have been considerate. Does she even have transport or didn't you hear her distressing about her partner leaving home everyday to seek a better job to bring in more money? How many applications gone bust in the UK become successful when you apply from outside the UK? Do you wonder why most people prefer to sort it from here? Mice, I hope (aside from this forum) that you are researching and making calls to lawyers to get an opinion on what you should do before the lapse of your deadline.

Hi Samestory

I definitely encouraged a re-application as that's what worked for me - however, as I subsequently said, my visa hadn't yet expired so I was able to make the second application from the UK. If my visa HAD expired, I would have made the new application from my home country. So, I didn't *have* to "scurry back" to my home country because I was still legal in the UK.
I never intended to imply that I thought that having more time on my visa is what helped me with the second application. I apologise if I gave that impression. The first issue was entirely the fault of my employer and the resolution was entirely due to that issue being clarified.

My fear of the opinions on here that support people staying in the UK past the expiration of their visa and fighting UKBA decisions is that none of us are lawyers, we are all just people who have been though the process, sometimes numerous times. I am afraid that telling someone to stay in the country and fight a decision may result in them being permanently rejected from the UK. I for one would much rather go home and adhere exactly to what they tell me to do rather than try to prove that they're wrong.

Of course you are entitled to your opinion, but to express that opinion in the form of advice to someone in a precarious situation is dangerous, especially as this advice goes against instructions from the UKBA.

Rather ironically, part of my job involves dealing with students on visas and as such I'm echoing here what I've learned personally as well as what I've learned with out students.

[Aus25]

Aus25

I'm just curious to know if you have had any news yet?

Your timeline was on par with a few on here that have received their BRP.

Fill us in.

Hi Skonky

Thanks for asking. I am pleased to report that Friday afternoon, 4:45pm, I received an email from my immigration lawyer stating that he had received my BRP! I have been quietly celebrating with my partner all weekend. I'm not properly celebrating until I have our passports, the evidence pack, and the elusive BRP in my hands, which I hope will be this week. I've been let down so much by this process that I now can't trust anything! I'll update my timeline once I have received everything.

Anyone that used a lawyer/solicitor - did they also send the evidence pack to them, or just the BRP? I'm not sure what to expect from whom.

Just for the record - I didn't end up contacting UKBA to request anything back or to hurry them. I think ID29 was right - it doesn't help.

My wait has been just under 5 months. My heart aches for those waiting much, much longer.

Hey,

Congratulations. Well your solicitor will receive everything. BRP which would have been sent by DX courier and your file (passports and all the supporting documents including a letter from UKBA confirming it) which is sent via royal mail.

I used a solicitor and she emailed me after she received both the things as they are sent separately.

Enjoy the moment

I waited from 8feb to 22oct to get mine.

Many many thanks waitwaitwait! Still waiting for the file but I am now in possession of my BRP!

Just wanted to post the timeline for all those with similar situations. I know it's frustrating for those who have been waiting since the beginning of the year, but we really are all in this together. Best of luck to everyone, and stay strong. I hate reading petty bickering on this forum!

Here goes:

Submitted: 03/07/2012
Acknowledged: 06/07/2012
Payment: 10/07/2012
Biometrics invitation: 31/08/2012
Biometrics enrolled: 03/09/2012 (Battersea P.O.)
BRP arrived: 05/12/2012 (dated from 27/11/2012)
Visa from: Tier 5 Youth Mobility
Visa to: FLR(M) Unmarried partner

[backagain]

Please allow me to clarify a few points. The questions that those of us are asking who have waited longer than the July applicants are in regard to legitimate procedural issues. When we call UKBA, our MP contacts UKBA, or our solicitors contact UKBA, or th HASC demands answers from UKBA, we are all told to "be patient" and "wait your turn" because "all applications are processed in date of order received." We can clearly see that is not the case.

Again, who could not be glad for somebody that gets out of this immigration nightmare. We all celebrate because it is one more application off the pile of folders on a caseworkers desk. So pleased for Aus25 as we have communicated in the past as team mates in our search for answers. Congratulations!

Please understand, the same problems Q1-Q2 applicants are now facing our new forum members now face with the biometrics letters. My word, I cannot imagine how fearful it must feel to read the horrible stories of those of us waiting 6, 7, 8, 9+ months when they have had to wait 3+ for just an appointment to start the process.

The fact that latter applications are being processed over earlier applications reveals a failure in the UKBA visa processing system. This is not us or them...that failure effects us all. To self-educate on the UKBA system, engage (or attempt to engage) government officials, and to stay positive through this process often appears as an insurmountable and immovable task. This procedural deviation is the stake in the ground that gives us a frame of reference on which to demand answers from the UKBA, Home Office, and Immigration.

Yet, we must remain positive. Our partners, families, and other members depend on it. The issue of latter to earlier applications is not about fairness, its about process. If we truly work as a team to address this issues, we may be the voices that stamp this card correctly for when we apply for ILR in 2-5 years. Otherwise, we may all be destined to face this horrorall over again.

[mice]

Its such a nightmare,sorry for delayed response.I have been refused for insufficient funds under new law,even though i did my application in feb. secondly i applied few days before visa expiry which home office returned for payment issues, i resubmitted it was 5 days after visa expiry date.they stress that i overstayed my student visa by 5 days.I hope this is clear to you.
its very distressful and we are literally lost. seeing a solicitor today to discuss available options possibly a new application
Thanks to the links some of you have shared above,they shed more light.

Thanks for all ur comments,some informative and some encouraging. Sleepless nights has become order of the day,all i can say is good luck to those still in the wait.

[backagain]

Not sure if anyone else under civil partnerships have found their wait to be longer?

Check with Aus25. They just received their BRP on a FLR(M) for unmarried partner. Perhaps they can give you some insight. It may not be the same as civil partner, but it sounds close.

[samestory]

Hello everyone,

Please, does anyone know the procedure required for requesting that a submitted FLR(M) application be processed on considerate reasons? Does it require the use of the Return of Document request form? Any directed links will be appreciated. Is there a phone number for this? I have been searching Google and the UKBA website for hours and have found statements about considerations given on compassionate grounds but found no information on the process. Thank you.

[ID29]

Hello everyone,

Please, does anyone know the procedure required for requesting that a submitted FLR(M) application be processed on considerate reasons?

You might ask your MP to request it, or an immigration lawyer, or you could phone the UKBA yourself.

They will ask for and expect proof of your reasons. And they will only speed-up your application for literally 'life or death' situations, NOT holidays, job interviews, or weddings etc. Be aware though, that sometimes the UKBA will ask you to withdraw your application because that's the fastest way to get your passport/travel docs back, and then have you reapply after the family emergency/crisis is over.

[ID29]

My wife has taken particular interest in Mice's story. She asked me to post this on her behalf.
_____________________________________________________________
... Reapplying as per old rules means she would have still qualified for the old maintenance requirement... I remember seeing that somewhere and Mice's husband earns about a £9,600 per year.

Darling it clearly states that 5000 is the maintenance you should have if applied before 9th July.
_____________________________________________________________

Our solicitor gave us some information on old maintenance requirements...

I'm sorry, but this is inaccurate and very misleading in the context of the case you refer to. Its highly probable that this individual's application would also fail under the old rules.

[samestory]

Please, does anyone know the procedure required for requesting that a submitted FLR(M) application be processed on considerate reasons?

You might ask your MP to request it, or an immigration lawyer, or you could phone the UKBA yourself.

Thank you again. I called them but the lady I spoke to couldn't help me. I wil try the other options.

[Skonky]

Cme on people more timelines


Congrats to you aus25
This proves they are doing it in some sort of order
Enjoy

[ID29]

Yes, congrats to Aus25. Sorry meant to add mine yesterday.

A reminder also... I was looking back a few pages this morning and there are a lot of people who have added time lines but have never come back to update them. I think its safe to assume they finally got news (Good? Bad?) but didn't come back to let the rest of us know. And that's a real pity because without the feedback none of us would ever know if the UKBA were on track or not.

So, please folks, if your situation changes do let the forum know. And don't forget, you can add your time line to the signature box within your Profile (see mine below).

Cheers

[AussieBlueJeans]

Hi all.

I have been following the forum for quite a while and decided that I should add my timeline to the list. It's nice to know that I am not alone in my nail biting wait.

So here's my timeline

Date FLR(M) sent to HO: 05/07/2012
Docs received by the HO: ??
Ack'ment Letter Arrived: 08/08/2012
Biometrics Letter Arrived: 13/10/2012
Biometric Enrolled at PO: 13/10/2012
Spouse visa Granted on: waiting
Passport & docs received: waiting
Date Bio-metric Card received: waiting

[/img]

[backagain]

Spoke with UKBA this morning. The person was very helpful. Here is the deal as to why Q1-Q2 applications are taking so long. Whenever there is a change to rules etc, there are waves of applications from those that may not be able to meet the new requirement(s). Essentially, UKBA experienced a massive influx of applications in Q1-Q2 due to proposed July changes and they've been unable to manage the load.

Skip any reasoning why they have not dealt with Q1-Q2 applications while moving on to others. We will probably never get an answer to that question. It simply is what it is.

As for us...we are out of here. I've shared all the research I can find to help offer sanity for the madness. I am saddened by the divide that is developing here. We don't need the aggravation.

Good luck everybody. We wish you well.

[luckyjinx]

Congrats to those newly successful!

Just wanted to say that I've had a response to the letter I wrote to my MP. As I haven't been waiting 6 months I did not ask her to look into my case, but instead sent her an article from The Guardian about the backlog and told her that family migration visa applicants, particularly FLR (M) applicants, are waiting a long time too - some being at 9 months and more. I told her about the complete lack of information we have available to us and how nerve-wracking it is to be left in the dark without your passport for indefinite periods of time, and that immigration problems are not limited to asylum seekers and illegal overstayers, but that they also affect British families.

Her response says (cutting through the usual partisan bs about how the delays are the fault of the previous gov't and how she has to deal with many immigration cases, etc etc) that she has written the Immigration Minister, Mark Harper, "to ask what more can be done to help reduce the case backlog and improve the application experience for applicants." She will write me again when she hears back.

Will keep you posted. Fingers crossed for some season's greetings from the UKBA with lots of visa decisions.

[icetort2012]

Please can someone tell me how much is the maintenance for application made before July 9, I made my application before the new rules, my wife is a British Citizen and she is a Full Time University student (She get Student Loan and Grant) and not working, But am working and make 850 pounds monthly. Our monthly rent is 545 per month and we don’t pay council Tax.
She gets Child Tax credit of 450 because she has two children in her previous marriage which they are British Citizen already and they are not included in my Application. But the solicitors who help to make the application said the tax credit she get is accountable as well

Please I just want to know if the money I earn is good for the maintenance.

Many Thanks

[ID29]

Please can someone tell me how much is the maintenance for application made before July 9...

Please I just want to know if the money I earn is good for the maintenance.

Icetort, looking at your timeline I suspect you're just about to hear from the UKBA. However, lets see if we can help with your question in the meantime.

Firstly, under the new rules there is a line drawn in the sand that everyone needs to cross. If your income/savings exceeds the appropriate threshold you pass, if it doesn't then your application fails. There will be no argument or room for discussion.

The old rules applied to applications submitted before 9th July 2012 - or those already on the 'path to settlement' - are more flexible. The other big difference is that its not just income but rather the amount of your income remaining after you've paid your housing costs AND whether this is greater than the benefit level for someone not in work.

Confused? Yeah most people are but its really simple to calculate.

Basically, you need to add your incomes together, plus tax credits (but not child benefits I believe). Then minus off your rent/mortgage and council tax payments. Make a note of what's left, this is your maintenance figure.

Now, currently the social security level for a couple is £111.45 per week (you'll see people quoting £105 but it has been increased recently) or £5795.40 per year. You will also need to add on child tax credits. The combined total (probably around £200 per week for a couple with 2 kids) is the minimum level UKBA deems acceptable to live on... also commonly known as the minimum maintenance requirement.

The question is, is your maintenance figure greater than the minimum maintenance requirement?

If you're comfortably over and have provided the necessary documents to support your case then you shouldn't worry. If its closer or just below, then also don't worry. The case workers have some leeway (but not much) and will usually ask for more information if you're just short and everything else passes.

Looking at the numbers you supplied, I would say you easily meet the maintenance requirement. But, I'm not the one approving your application nor so I know all your circumstances. Hopefully though, you can work it out from the information above.

For anyone else, just bear in mind that the old rules maintenance requirement is not a fixed figure and differs slightly for each applicant. It is also affected heavily by your personal housing costs.