Waiting for a spouse visa for 8,5 months !!!

[SAA]

Hi,

I have been waiting for my spouse visa for 8,5 months. WE called HM recently and were told it was still processing. How is it possible ???
Is it normal time for a workcase???

Does anybody know the answer?

[JAJ]

Hi,

I have been waiting for my spouse visa for 8,5 months. WE called HM recently and were told it was still processing. How is it possible ???
Is it normal time for a workcase???

Does anybody know the answer?

It's not normal. Contact your Member of Parliament.

[avjones]

Hi - are you in the UK, and making an application in-country? What is your current immigration status, and that of your husband / wife? What are both your nationalities?

[SAA]

HI,
thanks for replying. OK, I am in the UK, we sent an application form in 15 January 2007 to the HO. I am Russian, my husband is Portugues. Before I had a student visa wich expaired in March (but before April it was allowed to do like this I think).

[Wanderer]

If ur husband is Portuguese why are you applying under UK Rules? Is he a British Citizen too?

I think u should have applied for the EEA Family Permit...

[SAA]

He is a British residend and has been living in the UK for 15 years.

[bunty_76]

Please supply more information. Where did you apply spouse visa and what status r u right now???

[SAA]

Please supply more information. Where did you apply spouse visa and what status r u right now???

I applied in Croydon, had been in a student visa before applying for a spousal one....

Recently I got a reply from the HO to my request about up to date information after having been waiting for 9 months.

In a letter they wrote 'sorry for a long consideration' and that I had to prove my husband's Treaty rights, so now he has to gather all documents to prove he has been here for five years (payslips, p60 and others). Strange, why they did not require them earlier, and only asked for the documents in such a long period when I had contacted them.

And why did they ask about documentsfor 5 years ???? I looked, the application form requires documents just for 3 year period. Is it something new ? I applied in January 2007

[yankeegirl]

Do you remember what form you used to apply? And did you pay a fee with the application?

[Docterror]

SAA, the reason this is all taking so long is because of a lot of technicalities and the mistakes you have made before applying.

Now, since your husband has been here for 15 years exercising his treaty rights, he is deemed to be a Permanent Resident. Only spouses of Permanent Residents or British citizens can apply for the spouse visa using the FLR(M). Since the Home Office (HO).. not HM... has no record that he is a Permanent Resident, they will not allow you to apply for the Spouse visa using the FLR(M), but rather using the EEA2.

But not using the EEA2 form should not be a reason for the refusal according to the EEA laws. So, they should furnish you with a Residence Card valid for 5 years and you should be able to apply for ILR/PR (Indefinite Leave to Remain) after 5 years of your marriage and you or your husband has been exercising treaty rights. This is to be free of charge.

But if you have proof that your husband has been here for 5 years exercisng the treaty rights for 5 years (or more), they will approve the FLR(M), and give you the spouse visa, which in turn will get you the ILR after 2 years, providing all conditions are met.

So, basically you have applied for the wrong visa using the wrong form and given the fact that the HO has taken so long is due to the confusion your application has made. So, either supply the 5 years proof that your husband has indeed been here for 5 years, so that the General caseworking unit can handle your case, or fill in the EEA2 form with proof of 3 months of employment with a letter telling them that you would like to persue the EEA way so that the EEA caseworking team can see your case.

Eitehr way, say NO to confusion.

[SAA]

Hi !

Thank you very much for your reply indeed ! I am going to do it.

Thank you