Overstayer Visa Application Decision Delay

Hello,

Does anyone else experience long delay with an overstayer visa application?

We made an application in October 2023/ delivered all documents to the Home Office in November 2023 so soon it will be 1 year since we made an application and the governement website states up to 12 months for visa decision.

We made an aplication on a basis of a private life, partner visa (altough in the meantime the HO allowed us to get married, but our lawyer suggested keeping the application as a partner visa).

I am British, my partner is Indian.

Unfortunately, I did not have enough income to speed up the application and the application was made under a right to private life.

I am wondering if anyone has been experienceing similar delays.
Our lawyer suggested waiting for a decision as opposed to writing to the HO as it may have a negative result trying to "speed them up".

The wait has had a huge impact on my partners mental health and me being his partner as a result. He also wants to start working and not being "scared" every time he sees a police.

Is there anything else you'd recommend other than waiting?
Please share your experience if ou had to wait for longer than 12 months for the HO decison.

Thank you

What sort of lawyer/solicitor suggests that contacting HO about an application could result in negative result!

Contact your MP, lodge a complaint to HO.

AmazonianX wrote: ↑

Mon Oct 28, 2024 5:09 pm

What sort of lawyer/solicitor suggests that contacting HO about an application could result in negative result!

Contact your MP, lodge a complaint to HO.

Thank you AmazonianX.
We may end up doing it although according to the lawyer's firm this can cause HO making a "sudden decision" as they have noticed it in the past few months with other clients' cases, meaning negative.

It has been a long wait due to other family complications and I don't want to make things worse. My partner just wants to work and we want to have a normal life.

I don't want to complain; just want to ask for the update on our case.
When we had our Home Office interview (submited original documents) we were told that all papers were in order and nothing was missing thus the frustration. On the other hand, his several years of overstaying complicate the case.
I will contact the lawyer (as I dont want to make anything without them approving it) and ask our MP for help.

Thank you

You do understand that by just marrying a Brit doesn't mean that your sins are forgiven.

The process would take as long as it takes unfortunately.

I know it sounds cruel, but you can't do a crime and expect that because you've suddenly come out and admitted it, then all should be forgiven.

It's a crime to overstay in the UK. If the government wants to punish overstayers by making them wait much, much longer, wouldn't you think that's fair?

You can't now twist the hands on the HO backwards and ask them to accept the application speedily. It doesn't work that way.

Just being blunt and truthful here.

Hello,

Of course I am not denying the overstaying is a crime. I was just enquirying whether it is a good idea to ask the HO for the update since it's been a year from the application.

The lawyer does not want to log in a complaint and we were thinking wherher asking for a status via our MP would help. Therefore, I asked if other people had similar experience with delayed decisions and / if it's better to wait instead of being "punished" for asking about the status.

I've heard there was a backlog and the processing should be up to 12 months.
If anyone had a similar problem, please let us know.

Thank you

zoho123 wrote: ↑

Sun Nov 03, 2024 10:04 am

Hello,

Of course I am not denying the overstaying is a crime. I was just enquirying whether it is a good idea to ask the HO for the update since it's been a year from the application.

The lawyer does not want to log in a complaint and we were thinking wherher asking for a status via our MP would help. Therefore, I asked if other people had similar experience with delayed decisions and / if it's better to wait instead of being "punished" for asking about the status.

I've heard there was a backlog and the processing should be up to 12 months.
If anyone had a similar problem, please let us know.

Thank you

If you asked for an update, you'd probably get complex case and would take more than 6 months. Probably just the usual template.

HO aren't exactly famous for telling you what stage you're at. Many have been to known to wait for years.

Ticktack wrote: ↑

Mon Nov 04, 2024 9:32 am

zoho123 wrote: ↑

Sun Nov 03, 2024 10:04 am

Hello,

Of course I am not denying the overstaying is a crime. I was just enquirying whether it is a good idea to ask the HO for the update since it's been a year from the application.

The lawyer does not want to log in a complaint and we were thinking wherher asking for a status via our MP would help. Therefore, I asked if other people had similar experience with delayed decisions and / if it's better to wait instead of being "punished" for asking about the status.

I've heard there was a backlog and the processing should be up to 12 months.
If anyone had a similar problem, please let us know.

Thank you

If you asked for an update, you'd probably get complex case and would take more than 6 months. Probably just the usual template.

HO aren't exactly famous for telling you what stage you're at. Many have been to known to wait for years.

Thank you for getting back to me. I wasnt aware of complex cases but the lenght of his overstaying may in fact move it to the "complex cases" queue.