Spouse Visa (Family of settled person) Delay

[mh8784]

Hi All,

I have been a reader of this forum for a few years but posting for the first time now that I have a first-hand issue to seek help with.

I am a UK Citizen who got married to a Pakistan girl in December 2017. I applied for her spouse visa in May 2018, and she submitted her passport at the relevant visa centre in Pakistan in June. By all accounts it is reasonable to expect that the application would be processed within 12 weeks, but it is coming up to 5 months, but my wife still doesn't have a visa.

A day before 12-weeks lapsed, we received an email declaring that "your application has not been straightforward. We apologise that we will not be able to process your application within the promised timeframe. We will process your application as soon as possible but cannot provide a timeframe".

After 12-weeks when I called the call centre which provides updates on application status, they sent another email practically repeating the same update as before.

A few weeks later I called them again and this time requested a case-specific update. They promised an update within 3 weeks, but no email showed up. I called again to hear a very speculative justification that perhaps our email address was mis-spelled in the explanation request.

In all my conversations with the call centre, I have requested to be explained about what to read into the statement "your application has not been straightforward." On all occasions, I have received a different response, ranging from "perhaps there is a back log", "perhaps there is a delay from a third-party", or "perhaps something showed up in their background checks."

My request here is to get some guidance from fellow users about what to do at this stage. Should I remain patient and keep requesting updates? Should I consult a lawyer and file a complaint? Is there even a well-defined complaint process which may lead to some results?

Listing down some facts:

- Got married (legal proceedings) in Pakistan in December 2017 in a small event, had the cultural ceremony in August 2018.
- I earn around 28k so provided 12 months of payslips, P60 and employment contract, so sponsored based on earnings.
- My mother and I co-rent a 3-bedroom property. Just 2 occupants for now. Mother is the main tenant but we got the landlord to write a reference letter permitting residence for my life at his rented property. Furthermore I got a home surveyor to visit the home and provide a occupancy report. Also attached the tenancy agreement and land registry proof.
- Wife completed the A1 Life Skills (English Language) and TB tests in Pakistan.
- To prove the relationship, submitted 200 pages of Whatsapp conversations and a few pictures from our wedding event and couple additional pictures together.

They sent back all the originals, as well as the copies of documents which they were supposed to keep (as per the application guidance), within a few weeks of the application.

Any help or advice will be greatly appreciated!

Hammad

[Edwardo]

Your present situation is not unknown.

I had the exact same wait and response as you, yet this was with being able to send up to date police checks and (very) clear evidence of meeting the financial requirement.

We got the 'not straightforward' on day 59 and the visa exactly on day 120, meaning they could list it - by one day - as within the 'final' 6 month target. I find that very dubious indeed.

As you are finding too, it is impossible to get clear and concise updates or information but the hard truth is until you go past day 120 (6 months) the Home Office will still consider things 'OK'.


So while it is all frustrating for you, hang in there - until 6 months pass you still have hope of being issued the visa within that period. I cannot say this is the case but I get the feeling whatever the Home Office say with targets, most people are waiting 4-6 months for their visa decisions.


You can check the actual tagets they reached in your area the last month or so here:

https://www.gov.uk/visa-processing-times

[Londoner007]

Many things could delay it if your application isnt straightforward for example do you have any previous applications, previous marriage, kids?

[mh8784]

Thanks Edwardo for your response. The good news is that my wife got the call and the visa on Friday. Woop! I think there was a lot of truth in your suggestion that they are holding on to application until it is closer to 120 days.

I got a lot of encouragement from your message, so thank you!

Your present situation is not unknown.

I had the exact same wait and response as you, yet this was with being able to send up to date police checks and (very) clear evidence of meeting the financial requirement.

We got the 'not straightforward' on day 59 and the visa exactly on day 120, meaning they could list it - by one day - as within the 'final' 6 month target. I find that very dubious indeed.

As you are finding too, it is impossible to get clear and concise updates or information but the hard truth is until you go past day 120 (6 months) the Home Office will still consider things 'OK'.


So while it is all frustrating for you, hang in there - until 6 months pass you still have hope of being issued the visa within that period. I cannot say this is the case but I get the feeling whatever the Home Office say with targets, most people are waiting 4-6 months for their visa decisions.


You can check the actual tagets they reached in your area the last month or so here:

https://www.gov.uk/visa-processing-times

[mh8784]

Londoner007 - thanks buddy for your response. My wife got her visa last week. It was a straightforward application as far as I am concerned i.e. no previous applications, no previous marriage, no kids etc. I feel (and I am sure a lot of posters here will agree) the statement "your application is not straightforward" is standard wording that the visa office may be using to justify delay in processing.

Many things could delay it if your application isnt straightforward for example do you have any previous applications, previous marriage, kids?

[Edwardo]

[quote=mh8784 post_id=1703484 time=1542108393 user_id=205283]
Thanks Edwardo for your response. The good news is that my wife got the call and the visa on Friday. Woop! I think there was a lot of truth in your suggestion that they are holding on to application until it is closer to 120 days.

I got a lot of encouragement from your message, so thank you!


END QUOTE

Very welcome and congratulations! Go and buy yourself a drink and meal - the stress that now will fall from your shoulders can have you feeling weak