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OLD FLR(M) waiting times Thread

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

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backagain
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Location: United Kingdom

Post by backagain » Tue Dec 18, 2012 7:38 pm

MrsWillo wrote:I am just worried i'll be rejected, as most applicants feel i guess.
My wife has taken up the task of monitoring the immigration process. Let me tell you a little bit about her and this UKBA thing. I am here on a fiance visa. Essentially, I've already gone through the process to be here in the first place. I passed the biometrics, we submitted all the necessary documentation to prove our viability, and she has a stellar reputation in the UK. Every scrap of paper we gave UKBA is ample evidence for our application.

Despite that, she still loses sleep at night. Worries about losing the love of her life because some immigration person sitting in an office has "control of our lives." (I disagree with that, but that is her perception). Worse of all, we cannot travel, I cannot work or volunteer. and UKBA is far from being a transparent, communicative, or efficient organization.

We are at week 37, so not too far ahead of you at 28 weeks. It appears that after 8 months April applications are now being processed. She called again today and the person at UKBA told her that mine is now with a caseworker. That is a significant turn for us. Yet, she is still nervous. In her words "I'll believe it when I have it in my hands."

The problem with constantly monitoring the immigration process and news is that you, me, and others build up our hopes on speculation. A proverb states "Hope deferred makes the heart sick." That is what happens. We fill our hearts with hope every time we sign on to a forum, scour the news for breakthroughs, or listen for the footsteps of the post person. Day after day, our hearts just sicken. I need to encourage my lovely wife to only go on here once or twice a week. Otherwise, I lose the beautiful, vibrant person she is to a weakened heart.

Not one drop of energy wasted on worry will effect your application nor will any amount of effort speed your application to completion. Be satisfied that you've done all you can, allow the thing to run its course, and live as much life as you can in the meantime.

The end of that proverb is "but a longing fulfilled is a tree of life." One way or another your longing will be fulfilled and it will produce life in the end. So hang in there.

(BTW. Except in cases of criminal history or fraud, those generally denied their visa are not personally rejected just their application for a variety of procedural issues. Minor issues are often resolved in the review process, many times affording the applicant opportunity to "fix" the problem by providing additional paperwork.)
Application Received: 5 April 2012
Biometrics Letter Rcd: 20 April 2012
Biometrics Appoint: 21 April 2012
Documents Received: 29 December 2012
BRP Received: 2 January 2013
Set(M) applied 26 November 2014

backagain
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Location: United Kingdom

Post by backagain » Tue Dec 18, 2012 10:01 pm

letitgo wrote:We haven't received ack. letter and it's been 6 months since we sent the application.
Consider requesting the sponsor's passport to be returned. Do NOT request the applicant's passport. Unless things have changed, that would be an automatic withdrawal of your applications. Requesting the sponsor's passport is a perfectly legitimate request and will force the document management team to enter something into the system. Two recommendations if you take this track:

1. Ensure you indicate in the correct block that you are NOT withdrawing your application. Also make a note in the block for the document you are requesting that you are NOt withdrawing your application.

2. Note in the appropriate block that the sponsor may need to travel abroad and requires their passport.

Follow this link to download the UKBA Word document. Attach and send the completed and saved form to the email address located on the bottom of the form.

http://www.ukba.homeoffice.gov.uk/sitec ... return.doc

(BTW. Requesting the return of a document will NOT expedite an application. All it will do is get you the document you requested. We made a request for my wife's passport and our marriage cert in October, received the requested docs, still waiting for visa.)
Application Received: 5 April 2012
Biometrics Letter Rcd: 20 April 2012
Biometrics Appoint: 21 April 2012
Documents Received: 29 December 2012
BRP Received: 2 January 2013
Set(M) applied 26 November 2014

CDNgirl
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Location: Surrey

Post by CDNgirl » Tue Dec 18, 2012 10:45 pm

I don't believe that if you request an applicants passport back (as long as it is a legitament cause) that your application will automatically be withdrawn. Although you need to be very clear when sending the form that you DO NOT wish to withdraw the application.

hello32
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Post by hello32 » Tue Dec 18, 2012 10:53 pm

Hi every one

I have got ILR under the 10 year long residency category in September 2012 nine year student and 1 year tire 1 PSW, my wife is living with me from last more than 6 years I went to Corydon for changing her states from PSW dependent to ILR dependent I did fill FLR(M) we went there they check us on ground floor and send us to 1st floor to pay fees then waiting hall after waiting of 40 min someone call us he check our documents and then ask us to go for biometrics after our biometric we wait like 2 hours then our name was called we went to desk and hand over all the documents to the case worker this time there was girl who asked us to sit behind and wait after 10 min she called us and asked me why we are there I explained her that I got ILR under the long residency I need to convert my wife visa she said that she didn’t need FLRM she is qualifying for settlement we didn’t need to fill FLR(M) we suppose to fill SET(M) as my wife PSW depend visa is going to expire in May 2013 the case worked told us that she was going to return our fee and we need to apply in April for settlement with SET(M) I asked her that was she sure about it she contact to her manager and senior case worker and they told her that according to 319c and 287(a)(i)(d) she qualify for settlement I asked her that if she could give me in writing it will be good for me then she said if she give me in writing she won’t give me my money back as she is working in my case, she said that she wrote in the system whenever we come for settlement anyone who deal our case will see that and grant my wife ILR now the problem is I have asked quite of few solicitors every one saying that my wife has to apply FLRM not SETM any one can give me clarification about it
Responses will be much appreciated

backagain
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Post by backagain » Tue Dec 18, 2012 11:12 pm

CDNgirl wrote:I don't believe that if you request an applicants passport back (as long as it is a legitament cause) that your application will automatically be withdrawn. Although you need to be very clear when sending the form that you DO NOT wish to withdraw the application.
You are correct CDNGirl. That automatic withdrawal if requesting the applicant's passport does not apply to every person requesting documents. However, I suspect for the majority of people on this forum it does apply. That is why I prefaced my recommendations with that clarification.

The following comes directly from the page regarding request for the return of documents:

For all applications other than European and nationality applications, if you request the return of documents, your application will be automatically withdrawn and your application fee will not be refunded. For certain application types travel on an applicant's passport will invalidate the application and it would be deemed withdrawn.

http://www.ukba.homeoffice.gov.uk/about ... documents/
Application Received: 5 April 2012
Biometrics Letter Rcd: 20 April 2012
Biometrics Appoint: 21 April 2012
Documents Received: 29 December 2012
BRP Received: 2 January 2013
Set(M) applied 26 November 2014

CDNgirl
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Location: Surrey

Post by CDNgirl » Tue Dec 18, 2012 11:29 pm

Thanks, I am just a bit flustered as I requested my passport back today(applicant) as my passport is due to expire. I assume ukba will need a New valid passport when they process my application...? Does that mean my application will be withdrawn? Not sure if it makes s difference that Im Canadian??

backagain
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Post by backagain » Tue Dec 18, 2012 11:47 pm

CDNgirl wrote:Thanks, I am just a bit flustered as I requested my passport back today(applicant) as my passport is due to expire. I assume ukba will need a New valid passport when they process my application...? Does that mean my application will be withdrawn? Not sure if it makes s difference that Im Canadian??
Someplace in an earlier post, a couple months back, somebody mentioned requesting their passport back. They (in my opinion wrongly) suggested it as a means to get your application viewed. If I recall. they were asked if they wanted to withdraw their application. I believe that was before the online form was instituted.

If I may suggest, call UKBA and tell them your situation (re passport expiring) and that you requested your passport out of concern in that regard. Let them know that regardless of the status of your passport that you under no means want to withdraw your application.

Most things we fear can be circumvented if we are proactively engaged. Nearly every person we have spoken with at UKBA have been kind and helpful to the extent they are able.

oh.....don't forget to breathe.
Application Received: 5 April 2012
Biometrics Letter Rcd: 20 April 2012
Biometrics Appoint: 21 April 2012
Documents Received: 29 December 2012
BRP Received: 2 January 2013
Set(M) applied 26 November 2014

Damanisshallo
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Post by Damanisshallo » Wed Dec 19, 2012 12:17 am

hello32 wrote:Hi every one

I have got ILR under the 10 year long residency category in September 2012 nine year student and 1 year tire 1 PSW, my wife is living with me from last more than 6 years I went to Corydon for changing her states from PSW dependent to ILR dependent I did fill FLR(M) we went there they check us on ground floor and send us to 1st floor to pay fees then waiting hall after waiting of 40 min someone call us he check our documents and then ask us to go for biometrics after our biometric we wait like 2 hours then our name was called we went to desk and hand over all the documents to the case worker this time there was girl who asked us to sit behind and wait after 10 min she called us and asked me why we are there I explained her that I got ILR under the long residency I need to convert my wife visa she said that she didn’t need FLRM she is qualifying for settlement we didn’t need to fill FLR(M) we suppose to fill SET(M) as my wife PSW depend visa is going to expire in May 2013 the case worked told us that she was going to return our fee and we need to apply in April for settlement with SET(M) I asked her that was she sure about it she contact to her manager and senior case worker and they told her that according to 319c and 287(a)(i)(d) she qualify for settlement I asked her that if she could give me in writing it will be good for me then she said if she give me in writing she won’t give me my money back as she is working in my case, she said that she wrote in the system whenever we come for settlement anyone who deal our case will see that and grant my wife ILR now the problem is I have asked quite of few solicitors every one saying that my wife has to apply FLRM not SETM any one can give me clarification about it
Responses will be much appreciated
287(a)(i)(d) the applicant was admitted to the UK or given an extension of stay as the spouse or civil partner of a Relevant Points Based System Migrant, and then obtained an extension of stay under paragraphs 281 to 286 of these Rules and has completed a period of 2 years as the spouse or civil partner of the person who is now present and settled here;
We always thought this was the case, may be they've started to realise this.
However, sushdmehta once told me the below. May be this person can clarify your doubt.
sushdmehta wrote:How can the person in question use SET(M) form when FLR(M) leave has not yet been granted and the person's immigration category remains the same as the one that she was under (PBS migrant) before applying for FLR(M), by virtue of Section 3C?
Statutory Warning:Members are advised to make thorough inquiries before acting upon any description displayed on my behalf.
Skydrives, Templates

mojiao
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Post by mojiao » Wed Dec 19, 2012 10:07 am

No they didn't ask for any additional documents actually. I just suddenly receive this package one day. I think it might depend on who is handling the case...although mine is a rather straight forward one.

[quote="Still.Waiting"][quote="mojiao"]I have been following this forum for a while.....it's very helpful to read all the post but also depressing at times. Finally my 8 month wait is over. I received my passport and documents today, with a letter saying BRP will arrive in 7 days. Might be a coincidence but I did send a complaint email a couple of weeks ago. Not sure whether it helped. Anyway here is my timeline:

FLR M applied: April 2nd 2012
Biometric completed: April 17th 2012
Passport and Document received: December 18th 2012
BRP: in post[/quote]

Congrate mojiao... great to hear April coming through now - sort of an exciting news!!!

Mojiao can you please tell me if they asked for any additional documents ?

Thanks[/quote]

Still.Waiting
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Post by Still.Waiting » Wed Dec 19, 2012 10:19 am

mojiao wrote:No they didn't ask for any additional documents actually. I just suddenly receive this package one day. I think it might depend on who is handling the case...although mine is a rather straight forward one.
Still.Waiting wrote:
mojiao wrote:I have been following this forum for a while.....it's very helpful to read all the post but also depressing at times. Finally my 8 month wait is over. I received my passport and documents today, with a letter saying BRP will arrive in 7 days. Might be a coincidence but I did send a complaint email a couple of weeks ago. Not sure whether it helped. Anyway here is my timeline:

FLR M applied: April 2nd 2012
Biometric completed: April 17th 2012
Passport and Document received: December 18th 2012
BRP: in post
Congrate mojiao... great to hear April coming through now - sort of an exciting news!!!

Mojiao can you please tell me if they asked for any additional documents ?

Thanks
Thanks mojiao, hopefully mine will come in the same manner - **fingers crossed**

Application sent: April 14th 2012
Acknowledgement: April 25th 2012
Biometrics: May 5th 2012
Requested sponsor's passport: July 10th 2012
Passport received: July 19th 2012
Contacted MP: Oct 16th 2012 (heard nothing thus far)
Documents received: still waiting
BRP received: still waiting

loziecanuck
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passport

Post by loziecanuck » Wed Dec 19, 2012 10:54 am

Hi CDN girl-
on the issue of your passport, I recommend applying to the embassy in london for a new one. My passport expired whilst my tier 2 visa was still valid, and I just carried both passports with me when I travelled. I didnt bother getting a transfer of conditions as i thought it was a rip off to pay 170 quid for a sticker in my passport. Ive never had any trouble.

Additionally, the UKBA will have to take into account that your passport was VALID when your application was submitted. Did you have more than 6 montsh left on it at the time of your application? If so, then the error is on part of the UKBA and not you.

So, i would apply to london for a new passport (you may have to declare your old one as lost or indisposed) and then if asked, send in the new one as proof of ID. Hope this helps

there is also a canadian embassy in Scotland :)

Application sent: May 5th 2012
Acknowledgement: May 12th 2012
Biometrics: May 22nd2012
Requested sponsor's passport: June 2012
Contacted MP:August 2012
MP raised case with Ombudsman (current)
Documents received: still waiting
BRP received: still waiting

[quote="CDNgirl"]Thanks, I am just a bit flustered as I requested my passport back today(applicant) as my passport is due to expire. I assume ukba will need a New valid passport when they process my application...? Does that mean my application will be withdrawn? Not sure if it makes s difference that Im Canadian??[/quote]
Last edited by loziecanuck on Wed Dec 19, 2012 10:58 am, edited 1 time in total.

CDNgirl
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Post by CDNgirl » Wed Dec 19, 2012 10:57 am

Backagain:
Someplace in an earlier post, a couple months back, somebody mentioned requesting their passport back. They (in my opinion wrongly) suggested it as a means to get your application viewed. If I recall. they were asked if they wanted to withdraw their application. I believe that was before the online form was instituted.

If I may suggest, call UKBA and tell them your situation (re passport expiring) and that you requested your passport out of concern in that regard. Let them know that regardless of the status of your passport that you under no means want to withdraw your application.

Most things we fear can be circumvented if we are proactively engaged. Nearly every person we have spoken with at UKBA have been kind and helpful to the extent they are able.

oh.....don't forget to breathe.
Hi backagain, thank you for your response.

I am slightly less freaked out than I was last night, but still up there. I spoke to someone from UKBA today and told her my situation and she confirmed that my application would be withdrawn and suggested that the only thing I could do was to send a cancel of request of documents to the same email and let them know that if the request of my soon to be expired passport would result in my application being withdrawn, and I do not wish to have it back.

I also have just sent a letter to UKBA stating all the facts and my details, saying that I do not want to withdraw my application and if they could please make sure that it is not withdrawn because of the request I sent in.

Lets just hope I acted soon enough. 22 hours after the request was first sent...

CDNgirl
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Location: Surrey

Post by CDNgirl » Wed Dec 19, 2012 11:06 am

Hi CDN girl-
on the issue of your passport, I recommend applying to the embassy in london for a new one. My passport expired whilst my tier 2 visa was still valid, and I just carried both passports with me when I travelled. I didnt bother getting a transfer of conditions as i thought it was a rip off to pay 170 quid for a sticker in my passport. Ive never had any trouble.

Additionally, the UKBA will have to take into account that your passport was VALID when your application was submitted. Did you have more than 6 montsh left on it at the time of your application? If so, then the error is on part of the UKBA and not you.

So, i would apply to london for a new passport (you may have to declare your old one as lost or indisposed) and then if asked, send in the new one as proof of ID. Hope this helps
Hi Loziecanuck,

Thanks for your response.

I have already spoken with the Canadian embassy and I told them that I currently had an application in with UKBA and they had my passport. They said that because I didn't have it I could sent in goverment ID (which I have my Canadian drivers license) and they can send a temporary passport, however that's not really good either because when I get my current one renewed, the details would differ on the BRP card.

My passport had exactaly 6 months on it when I applied, however I phoned up UKBA before I made the application and asked them if there was a certain amount of time that I had to have remaining on it in order for my application to be processed, and the answer was not as long as it is valid at the time of the application.

I will be holding my breath now until this is sorted...
Last edited by CDNgirl on Wed Dec 19, 2012 12:23 pm, edited 1 time in total.

backagain
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Post by backagain » Wed Dec 19, 2012 11:06 am

CDNgirl wrote:Lets just hope I acted soon enough. 22 hours after the request was first sent...
Based on the rapid response team at UKBA, I'd favor on the side of haven't seen it yet. Fingers crossed. Hopefully they will come back and say "are you sure?" Wouldn't that be nice?
Application Received: 5 April 2012
Biometrics Letter Rcd: 20 April 2012
Biometrics Appoint: 21 April 2012
Documents Received: 29 December 2012
BRP Received: 2 January 2013
Set(M) applied 26 November 2014

samestory
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Post by samestory » Wed Dec 19, 2012 2:31 pm

Hi CDNgirl,

What date did you fill on the form as needing the document back? December, January, February? Did you give up to a month or two for the return or just a few weeks? They are serious about sending the documents back to applicant unprocessed when it is withdrawn but again depends on the date you need it and the case worker assigned. If you have given enough time before the documents return to you, your caseworker may decide that there was enough time given and look at your application, therefore processing it. If it's straightforward and caseworker decides to finish with you, you may be getting your visa soon. I wouldn't worry too much about it. However, be prepared that they could send the documents to you unprocessed. A friend requested her passport back but chose not to withdraw and got a response 4 hours later from ROD requests to send another withdrawal application if she really wanted to use the passport urgently. In my opinion, 22hours is therefore too long not to hear from them (asking if you are serious to withdraw) as there are people manning those emails. Also, they warn that once you withdraw, they may not be able to stop the process if you decide you no longer need the requested document. But by all means, try all you have suggested to see if you can stop the process. However, in my opinion, if you have given up to 4/5-6weeks as the time you need the passport back, you may be lucky and have your application processed. Even though they have been slow, they are human. Goodluck on this.

mbnarayn
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Post by mbnarayn » Wed Dec 19, 2012 2:55 pm

Your advice is great. Many thanks.

backagain wrote:
MrsWillo wrote:I'm slightly over waiting now tho...it's making me worry and very nervous. K :D
Hi Kylie,

While I intended to drop off the forum, my wife keeps following it. I guess she has become something of a forum-info-junkie. She wanted me to say something to you in hope of encouragement.

We applied back in April as a conversion from a fiance visa to a FLR(M). On that visa, I am not allowed to work or volunteer. I've now been unable to work in the UK since November 2011. She is an exceptional businesswoman with fantastic entrepreneurial skills. To pacify the UKBA she accepted a position in the corporate world.

For a pair of mature newlyweds, this has been the hardest year of our life. We raised families, enjoyed successes, suffered extreme losses, and found the love of our life. We celebrated one-year of marriage this week. Because we are stuck earning one salary and visas held in waiting, our dreams of international travel have been placed on hold. So we gave ourselves a little break and went away to a little hotel near Rye. Best thing we have done all year.

Let me say, I've done everything imaginable to nudge an action from UKBA. To date, they have not even opened our application. They have no idea how easy it is to process, because they haven't even looked at it. On the anniversary of our seventh month of waiting I began to get very proactive. I have:

1. Written our MP four times. (Just received a letter today that he will contact the UKBA Chief Exec again)

2. Written two letters of complaint to UKBA. (Oct 21 / Nov 19 with no reply)

3. Made three requests for information from the Freedom of Information website at www.whatdotheyknow.com. (Oct 25 / Nov 19 / Dec 1 without reply on a single request. Internal review submitted Nov 23)

4. Wrote to Home Secretary Theresa May MP. (No reply)

5. Written three letters to Home Affairs Select Committee Chair re the Work of UKBA Keith Vaz MP. (One reply for acknowledgement)

6. Wrote to the UKBA Chief Exec Rob Whiteman. (Letter signed for on 11 Dec.)

7. Followed this forum and others since June.

8. Conducted significant research on the procedures guidelines and requirements of UKBA.

There is no need to go into the emotional stress and damage this does as we all are going through it. What I can say is this, every single effort I've taken to get answers has not done a thing to get our case noticed. All of us that applied for visas in 2012 happened into a vortex of political positioning, immigration complexities, reduced UKBA staffing, and an above-average number of applications. UKBA is neither equipped or resourced to deal with the mess, bu they are trying.

Try to find ways to hunkerdown for a long wait. Here are some tips that I've discovered:

1. Take a break from this forum and other immigration info sources on a regular basis. When you start feeling down about the UKBA wait, do something nice for yourself instead of looking here. Looking here will not speed up your process any more than a petition or letter campaign to the PM.

2. Look for the good in this country and the people that call it home. For many the move to the UK is quite the culture shock. Even Brits are challenged by the changes over the past ten years as evidenced by the 2011 census. What we do is to take time to get out of our area now and then if even for a day or weekend. This place is amazing and the people are great. You, I, and all of us on this forum will bring our own cultures to add to this tapestry of the UK. Savour all you can.

3. Personal improvement. You are going to be waiting...and it could be a long time. Do something that gives you value. I've just discovered Free University. There are several. Here is one http://www.open.edu/openlearn/

There are some folks that get lucky with the lottery. Some get lucky in love (that would be me). Some get lucky with their visa. Don't rely on luck for your happiness. Make it!

CDNgirl
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Location: Surrey

Post by CDNgirl » Wed Dec 19, 2012 3:10 pm

Hi Samestory,

It was just over a month that I requested it back for. I only needed it back before Febraury as that was when my passport expires and I explained that in the document.

Thanks for your input everyone, much appreciated.

Side note- I've just reviewed the guidence notes for FLR(M) as instructed on the UKBA website about returning documents (as it says Please check the guidance notes relevant to your application type for further details) It states on FLR(M) guidence that, "your application will be treated as withdrawn if your passport is returned for travel abroad before we are able to decide on the application."

So hopefully that is the only way it was withdrawn if you use it for travel abroad. Again...here's hoping!!

annieak
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Joined: Thu Oct 25, 2012 12:23 pm

Post by annieak » Fri Dec 21, 2012 1:04 pm

Please help!
Ok had a weird feeling so rang ukba to get an update from feb application.
Lady said package sent on 18th dec, here is royal mail tracking details.
Checked with royal mail has been delivered this morning but to my old solicitor who we no longer use.

We cannot get ukba to re send docs obviously as it was originals and we dont even know outcome of our case now.

What can you guys advise. This is worse than no decision being made.

CDNgirl
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Location: Surrey

Post by CDNgirl » Fri Dec 21, 2012 1:25 pm

Annieak

Is the office of the solicitor you used still in use?

I would suggest calling their office as soon as possible.

Good luck!!

annieak
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Post by annieak » Fri Dec 21, 2012 1:29 pm

The office is still in use, but we are no longer on good terms with them due to the solicitor overcharging us and completing messing up application.
We ended up re sendimg documents to ukba with a letter, we told them any correspondnce to come to us.

Also we have done all the chasing for outcome not them.
Do you think they can hold on to our post, the solicitor was unavailable when we called we have been told to try again after 2pm.

Im so nervous.

CDNgirl
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Location: Surrey

Post by CDNgirl » Fri Dec 21, 2012 1:40 pm

Do you still owe them money for the process at all?

I have just spoken to a friend of mine who is a solicitor and they said that only in very rare situations can they hold the documents and not give them to you. One of them being if payment is still outstanding.

I would call them again and see what reply you get. If you don't get the answer you are after let me know as I can get hold of documentation stating the law regulations for this type of circumstance and pass it along to you.

Don't be nervous, it will work out.

annieak
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Post by annieak » Fri Dec 21, 2012 1:45 pm

Thank you for replying, we do not believe we owe them but the solicitor does.
Can you send me the info you have.
The way i see it is its illegal for him to hold our post and if he wants to chase payment he should do it the legal way and applyvia courts or bailiffs etc which he never has done because he is a crook.

What do you think? I am pregnant and baby is due in 10 days feel like i am gonna go into labour now with anxiety.

crowline
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Contact:

Post by crowline » Fri Dec 21, 2012 1:49 pm

the solicitor cant hold yr documents unless you are still in WRITTEN contract with them. so, if you have no written contract or yr contract with him terminated you've got no reason to worry. if he asks you for more money outside your previously agreed fees, tell him you are going to get the police involved. he might try to scare you but stand your ground. if the police cant resolve it, they'll send you to small claims court. most solicitors don't like going down this route as it takes alot of their time, and you only get to pay back what you can afford

CDNgirl
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Post by CDNgirl » Fri Dec 21, 2012 1:58 pm

See rule 11 in the link - http://www.sra.org.uk/solicitors/code-o ... rule2.page


“When you cease acting for a client, you will need to consider what should be done with the paperwork. You must hand over the client's files promptly on request subject to your right to exercise a lien in respect of outstanding costs. You should try to ensure the client's position is not prejudiced, and should also bear in mind his or her rights under the Data Protection Act 1998. Undertakings to secure the costs should be used as an alternative to the exercise of a lien if possible. There may be circumstances where it is unreasonable to exercise a lien, for example, where the amount of the outstanding costs is small and the value or importance of the matter is very great. In any dispute over the ownership of documents you should refer to the law. Further advice about the law of lien or the ownership of documents can be found in Cordery on Solicitors or other reference books on the subject.”



You should call/write to them (find out which partner in the firm deals with complaints) and make a formal request for the return of the documents. If there your costs outstanding, you could argue you are still entitled to the return of the documents on the basis that it is unreasonable for them to exercise a lien (if the amount of the outstanding costs is small or the importance of the documents is very great, for example, as mentioned above). If they do not comply, You can say that you will report them to the SRA (Solicitors Regulatory Authority). If there are legal costs outstanding and it is not unreasonable for them to hold the documents as mentioned, then you would have to pay the costs to get the documents back (or if the amount of the costs is in dispute, to resolve that first).

Hope that helps!

wing5151wing
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Post by wing5151wing » Fri Dec 21, 2012 2:51 pm

Hello All,
I have been following this forum for half a year and I think now I can share my timeline with you. I wish it will help you...


Application posted: 19th June 2012
Application Acknowledged: 25th June 2012
Biometric Invitation: 4th August 2012
Biometric Submission: 9th August 2012
ID card: arrived to my solicitor 17th December 2012
Documents: still waiting


It is very strange things happened me...
I received my T4 general student visa on 17th December.
I called my solicitor immediately and he said he has never heard UKBA renew the visa automatically (without apply....)
He will sort out this strange happen however what they are doing???
They wait us for ages and they do extra meaningless job!!!!

I wish all good luck *

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