OLD FLR(M) waiting times Thread

[Damanisshallo]

So while the British are rightly famous for their tolerance and fairness.
Sadly, it also means that occasionally a genuine case (such as yours) gets referred to the rule book/policy rather than a human decision maker with the authority to act.

Where is the fairness and rule book/policy?

Hi all, my documents arrived on Saturday, February 2, 2013. From the date I sent my postal application (May 28, 2012) it took 8 months (!) and a couple of days to get the decision letter & the docs back. From the date of enrollment my biometrics data (June 26th, 2012) - 7 months. It was a very straight forward application, switching from Tier 2 visa to a marriage visa.

All the last 2 months - after the date when waiting time had reached 6 months and till the very last day - I was calling to UKBA asking about status of my case, and the answer was always the same - "your case is still pending". On Friday - February 1st - when my decided application was ALREADY DESPATCHED (since I got the package on Saturday, Feb 2nd at 8.00 in the morning) I called UKBA too and - !!!!!!!!!! - the answer was "your case is still pending"!!!!!!!!! So they even don't bother to put the information about your case status into computer - I can't believe it.

This is professionalism and attitude our cases is being dealt with. This is UKBA.

[abidot]

Hello All,

I have been a silent follower of this forum for a while now. Its been a nightmare having to wait for over 7 months to receive my passport back.

It's a shame the system isn't working in this regard. I read a post yesterday about staging a peaceful protest, I am really up for this as I think these guys at the HO just take toooooo much time and everybody needs to know what is actually going on.

From my Analysis all documents I received were intact and neatly arranged just the wasy I sent it. It is clearly evident that the caseworker did not have to do much work as all my documents were neatly arranged.

My conclusion therefore is that, making the actual decision doesen't take long but then we they receive applications, they just dump them somewhere until they are ready.

After six months I called about 4-5 times with the same answer 'under consideration' and no other information can be disclosed.

My time line is as follows:

APPLICATION SENT: 28/06/2012
ACKNOWLEDGEMENT LETTER: 05/07/2012
BIOMETRIC LETTER RECEIVED:07/08/2012
BOMETRICS TAKEN: 14/08/2012
NOTHING FOR A LONG WHILE UNTIL.........
DOCUMENTS RECEIVED BACK FROM HO:07/02/2013 (letter dated 4th of Feb)
BIOMETRIC CARD: TO RECEIVE WITHIN 7 WORKING DAYS

Glad the wait is over...

[Xiaozhu]

They have told me repeatiedly that if there is a 'genuine compelling and compassionate reason' to expedite your application then they will do, however they have never given us any criteria or examples of what these might be. We want to get our application expedited on (genuine) health grounds but I do not trust the UKBA to do it without some pushing, so I have requested expedition via the Parliamentary Ombudsman (although you have to go through the UKBA complaints procedure first and then get your MP to sign off on your Ombudsman application).

[Xiaozhu]

Hello All,

I have been a silent follower of this forum for a while now. Its been a nightmare having to wait for over 7 months to receive my passport back.

It's a shame the system isn't working in this regard. I read a post yesterday about staging a peaceful protest, I am really up for this as I think these guys at the HO just take toooooo much time and everybody needs to know what is actually going on.

From my Analysis all documents I received were intact and neatly arranged just the wasy I sent it. It is clearly evident that the caseworker did not have to do much work as all my documents were neatly arranged.

My conclusion therefore is that, making the actual decision doesen't take long but then we they receive applications, they just dump them somewhere until they are ready.

After six months I called about 4-5 times with the same answer 'under consideration' and no other information can be disclosed.

My time line is as follows:

APPLICATION SENT: 28/06/2012
ACKNOWLEDGEMENT LETTER: 05/07/2012
BIOMETRIC LETTER RECEIVED:07/08/2012
BOMETRICS TAKEN: 14/08/2012
NOTHING FOR A LONG WHILE UNTIL.........
DOCUMENTS RECEIVED BACK FROM HO:07/02/2013 (letter dated 4th of Feb)
BIOMETRIC CARD: TO RECEIVE WITHIN 7 WORKING DAYS

Glad the wait is over...

Congrats! Please can you confirm that your documents were sent back to you by Royal Mail and not by private delivery servcie or courier? Xiaoma's docs were sent by special delivery which is a Royal Mail service.

[abidot]

Hi All,

Forgot to mention I am switching from a Tier 2 work permit visa to a spouse visa.

Regards

[shendean]

She applied sept firstweek
Bio done nov
Feb7 got her documents back
And within 10 days brp card arrive soon

[abidot]

Hi Xiaozhu,

My documents was delivered by royal mail (special delivery). I think the BRP card will be through a seperate courier company.

Regards

[waitsomemore]

thank you ADee, will give that a go.

[AussieBlueJeans]

after waiting for 6 months for my FLR(M) decision, i ring UKBA to enquire about my application. apparently they are that busy they can't even answer the phone! UKBA currently advising you to ring back via a recorded msg and HAVEN'T EVEN GOT THE DECENCY TO ANSWER THE PHONE!

I know. I have tried them three times and gotten the same message as you. It's a joke really.

I am not sure if it will be helpful to any of you,I did call UKBA yesterday and in my first attempt I had the same situation ,a recorded message came into my way to speak to a real person.

In my second attempt I made my call using an app 'WEQFORU',,
(a smartphones app that helps to make free calls to premium numbers,i.e 0845,0870 etc),,

in that call I just press 9* on my keypad while recorded msg was on and my call automatically went into the queue ,and after approximately 8 minutes I was connected to a live person.

btw with the help of that app you don't have to wait in queue as you got automatic ring back when it connects to an operator.
Please try calling by using this app , as it may help you to connect to a real person so you could have answers of your queries.

Stay Positive & Keep Helping Each other

Thanks ADee, will give this a go!

[luckyjinx]

I've not been here for awhile but just wanted to check in and say I'm still waiting.

Applied: 4 July 2012
Biometrics: 6 September 2012

Waiting time so far: 7 months

Actions taken: 2 letters to MP, 1 complaint to UKBA (still unanswered after 1 month), 3 FOI requests (the earliest more than a month overdue), 2 calls to the Immigrations Enquiry Bureau (nothing gained), had a quick summary of my situation published in the News Blog at guardian.co.uk, wrote in to a call for stories from people dealing with the UKBA for TNT Magazine.

I'm hopeful that these reports of August bios coming back means I will be up soon.

For those looking to protest, it's the Sheffield office that processes all marriage visas now.

I've heard that BRP is delivered by a courier called DX.

Congrats to the recently successful and good luck to all continuing to wait.

[JonPaula]

Hi all,

Just had a photographer round to take pictures of my wife and I for an article that will be in the Guardian in the next few days.

Any one know where the office is in Sheffield to protest?

We can then organise a date and time to protest!

We applied on 5 July 2012 and also have been waiting 7 months.

Jon

[Xiaozhu]

Hi all,

Just had a photographer round to take pictures of my wife and I for an article that will be in the Guardian in the next few days.

Any one know where the office is in Sheffield to protest?

We can then organise a date and time to protest!

We applied on 5 July 2012 and also have been waiting 7 months.

Jon

We've given an interview for the Guardian also! I will be sending the clipping to the UKBA...

[CSilver]

Hello All,

I'm devastated to say that after living here for one year and waiting seven months since my application my visa has been rejected, the UKBA has contacted my local police and I have to leave the country by the 19th of this month.
Their reason for this is that I applied for my FLR(M) after my entry clearance visa expired, and that no previous application was made before my entry clearance expired.
However, I did indeed apply before my entry clearance expired but the application was rejected because they claimed I wrote the fee incorrectly on the payment page (although I still have the paper and I did not!)

I called the UKBA but the woman who answered the phone could not have cared less, she just told me to write a letter to Sheffield, I told her that wouldn't work and she hung up.

They claim I have no right of repeal, however I need to know if there is anyway to stop this because I have proof that I DID apply before my entry clearance expired and that THEY made the mistake.
Does anyone know how I can do this?
I don't even bother trying to contact the UKBA again as they will do nothing.

My other questions, and perhaps more importantly, will the fact that I overstayed my visa this year damage my chances of gaining my FLR(M) if I return home and apply from the States? Will it make it difficult for me to visit on a tourist visa in the meantime? My partner is in court in April and I have to be here for that.

We are devastated, the UKBA has torn our lives apart and we have done nothing wrong.

Any advice please!

[Xiaozhu]

That's awful. I'm so sorry. You have 2 choices:

1. Complain/appeal

Even though it seems so pointless, you must send them a complaint. In order to take this higher you will need to demonstrate that you have gone through their complaints process first. You should include as much detail and evidence as possible. You must also write to your local MP explaining the situation.

If the UKBA do not admit and correct their mistake then you should start the appeals process, and at the same time contact the Parliamentary Ombudsman who are very responsive.

You need to scream and shout and make your voice heard, it is the only way to deal with these people. You should also get a lawyer. I'm a lawyer myself and I have found the application process very difficult and would find the appeals process very daunting. But as a lawyer I can also advise that you can't rely on your solicitor alone, you have to put in some legwork yourself.

2. Apply from the USA

Apply for another FLR(M) from the USA. It is much much quicker there anyway. You would have to stay in the US for a few months but it may be better than the stress of appealing here.

Also, I see no reason at all why you can't return as a tourist before you make another application, or during an appeal as I don't think they need your passport for this - if you are a US citizen then you surely get a visa on arrival anyway?

Good luck, stay positive.

[Xiaozhu]

I do not understand how you can't have a right of appeal - did they give a reason for this claim?

[Xiaozhu]

Just read your question about applying for an FLR(M) from the States. I don't think it would affect your chances, especially if you demonstrated very clearly that you were rejected because of their mistake.

You really should get a lawyer though.

[CSilver]

Thanks for your advice.
Are you saying I have to work on the appeal from the USA?
I wish I could get a good lawyer but I could not afford to sadly...

I'm still in shock and not sure how to appeal.

I can certainly scream and shout though - I have already contacted my MP.
Now the Ombudsman?

This is so outrageous.

Thank you.

[Xiaozhu]

Yes I think you have to appeal from abroad, sadly. That's why I'm thinking you might be better off just applying for another FLR(M). I found a forum the other day of Americans bemoaning the fact that they had to wait THREE WHOLE MONTHS for their FLR(M) visas from the UKBA in New York... Sounded like the quickest thing ever to me!

By the way, I should add that I am not an immigration lawyer.

[luckyjinx]

CSilver, so sorry to hear about this. It's an outrage.

JonPaula and Xiaozhu, please could you share details about how you got in touch with The Guardian or they got in touch with you? Very interested in this and so glad that our situation is finally catching the attention of the media. Well done guys!

[Xiaozhu]

She's called Diane Taylor and I got her email address from her website. She writes a lot about immigration issues and seems very sympathetic to our situation.

By the way, the number to call for the Ombudsman is 0345 015 4033. They will send you a form to fill out (it is not long - I used lots of seperate continuation sheets) and send to your MP. Who is your MP CSilver?

[shendean]

Hello All,

I'm devastated to say that after living here for one year and waiting seven months since my application my visa has been rejected, the UKBA has contacted my local police and I have to leave the country by the 19th of this month.
Their reason for this is that I applied for my FLR(M) after my entry clearance visa expired, and that no previous application was made before my entry clearance expired.
However, I did indeed apply before my entry clearance expired but the application was rejected because they claimed I wrote the fee incorrectly on the payment page (although I still have the paper and I did not!)

I called the UKBA but the woman who answered the phone could not have cared less, she just told me to write a letter to Sheffield, I told her that wouldn't work and she hung up.

They claim I have no right of repeal, however I need to know if there is anyway to stop this because I have proof that I DID apply before my entry clearance expired and that THEY made the mistake.
Does anyone know how I can do this?
I don't even bother trying to contact the UKBA again as they will do nothing.

My other questions, and perhaps more importantly, will the fact that I overstayed my visa this year damage my chances of gaining my FLR(M) if I return home and apply from the States? Will it make it difficult for me to visit on a tourist visa in the meantime? My partner is in court in April and I have to be here for that.

We are devastated, the UKBA has torn our lives apart and we have done nothing wrong.

Any advice please!

HI Csilver!

It looks like mine will be same as yours soon. I applied before when my visa expired september but they gave it back all my documents bcoz there is no money on my husband account. So i did reapplied again by october..so my visa already expired.. Im getting anxious now what to do if they rejected..

[CSilver]

Thanks for your advice.
Are you saying I have to work on the appeal from the USA?
I wish I could get a good lawyer but I could not afford to sadly...

I'm still in shock and not sure how to appeal.

I can certainly scream and shout though - I have already contacted my MP.
Now the Ombudsman?

This is so outrageous.

Thank you.

[CSilver]

She's called Diane Taylor and I got her email address from her website. She writes a lot about immigration issues and seems very sympathetic to our situation.

By the way, the number to call for the Ombudsman is 0345 015 4033. They will send you a form to fill out (it is not long - I used lots of seperate continuation sheets) and send to your MP. Who is your MP CSilver?

Sir Malcolm Rifkind, his office has been very kind in the past when we were trying to get my application expediated on compassionate grounds as my father is very ill.
Thank you for the information.

[Xiaozhu]

Well look on the bright side, at least now you can go back and see your father

[JonPaula]

I actually found Diane's email on this forum, please see below.

diane.taylor0.t21@btinternet.com

Regards

Jon