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What are the implications

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

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naija99
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Posts: 473
Joined: Wed May 16, 2012 7:18 pm

What are the implications

Post by naija99 » Wed Aug 21, 2024 8:23 pm

My friend applied for a spouse visa. His wife is British. He also had a ten year visit visa so he was always visiting his wife and four children before applying for the spouse visa.

The spouse visa was granted Nov 2021 but he was not notified of the decision until Nov 2022 when he persistently chased for an answer. The date on the letter is Nov 21 to Aug 24 (33 mths).

He was in the UK on his visit visa at the time so he then travelled back home to collect his visa stamp in the passport and then travelled to the UK on the spouse visa. He collected his biometric card from the home office and the date is January 2023 to August 2024.

Are there any implications of him not receiving the visa until a year later?

AmazonianX
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Posts: 8103
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: What are the implications

Post by AmazonianX » Thu Aug 22, 2024 12:23 am

His spouse visa time only starts counting from the first entry into UK after getting his spouse visa vignette.
Implication means his 5 year time for ILR SET M starts from entry date therefore will require additional extension to makeup the shortfall.
If current leave as shown by BRP is to expire by August 2024 he needs to apply for spouse visa extension.

naija99
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Posts: 473
Joined: Wed May 16, 2012 7:18 pm

Re: What are the implications

Post by naija99 » Thu Aug 22, 2024 6:23 am

Thank you for confirming.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: What are the implications

Post by vinny » Thu Aug 22, 2024 6:35 am

naija99 wrote:
Wed Aug 21, 2024 8:23 pm
The spouse visa was granted Nov 2021 but he was not notified of the decision until Nov 2022 when he persistently chased for an answer. The date on the letter is Nov 21 to Aug 24 (33 mths).
Did they explain why they had notified him a year late?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

naija99
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Joined: Wed May 16, 2012 7:18 pm

Re: What are the implications

Post by naija99 » Thu Aug 22, 2024 7:05 pm

They just said it had been in the system but somehow they had failed to email him to confirm a decision had been made and for him to collect it.

Do you think there's anything that can be done about it at this stage?

AmazonianX
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Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: What are the implications

Post by AmazonianX » Fri Aug 23, 2024 8:00 am

naija99 wrote:
Thu Aug 22, 2024 7:05 pm
They just said it had been in the system but somehow they had failed to email him to confirm a decision had been made and for him to collect it.

Do you think there's anything that can be done about it at this stage?
The point to take such step was around the time fighting to get it. That ship has sailed with the time that's passed.

Korekt
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Re: What are the implications

Post by Korekt » Thu Aug 29, 2024 9:32 am

naija99 wrote:
Thu Aug 22, 2024 7:05 pm
They just said it had been in the system but somehow they had failed to email him to confirm a decision had been made and for him to collect it.
Who said this? Was it the Home Office or their agent, TLS?
Do you think there's anything that can be done about it at this stage?
They should at the very least still complain, providing the evidence of chasing the decision and when it was eventually communicated to them.

It probably can be argued that the Home Office expects applicants to pay for the mistakes they, the Home Office, or its agents make.
"Facts are sacred. Opinions are free."

vinny
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Re: What are the implications

Post by vinny » Thu Aug 29, 2024 11:00 am

Agree.

The UKVI’s self-imposed three-months time-limit to prevent or discourage themselves from correcting their or their agent’s errors may be unreasonable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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