Requesting expert guidance
Posted: Tue Nov 12, 2013 4:15 pm
Hello All,
I would appreciate some input from the experts please..
I applied for my spouse visa back in August 2010 through a law firm and was lucky enough that after two months I obtained my 2 years probationary spouse visa (under the same sex relationship category). My partner is a British national and I was already in the UK prior to our relationship on a visa category (at the time it was work permit, however I have been in the UK since 2004, as I came to study)
As per the rules at the time, after 2 years of living together, if the relationship is still on, I would be eligible to apply for settlement at the end of my 2 years on continuous living together,
That was the case and at the end of my visa which ended on August 2012, I applied for my ILR again through the same law firm, I sent my application on time and waited to see things sorted from there, (till date I am still waiting!!)
I expected my biometrics to shortly follow after receiving my acknowledgement letter, however the delay just prolonged through with no contact from either my solicitor or the H/O. I would always be in regular contact with my solicitor since my application was submitted, and he would reassure me that the case is in consideration and I should hear from them soon, which I never did, until in May i was contacted by CAPITA which is a department from within the H/O which mentioned i should make arrangements to leave as I have no legal status to remain in the UK.
Concerned i got in touch with my solictor, to which he dealt with the issue and mentionned to me that mess up like these is very common within the H/O as to his knowledge there's no concern,
In June 2013 I received a packet through the post with all my documents being returned to me and the H/O asking me to submit a fresh application as the fee i sent was incorrect therefore on that basis my application is invalid,
When I got in touch with my Solicitor only then learnt the real nature of what actually happened, According to my solicitor, my application was first returned back to him in January as declined, as despite the numerous contacts from the H/O to both him and me to attend my biometrics we ignored the communication and as a result my application was declined as deemed unsuccessful.
When he first received all my documents back, he challenged them as to provide proof that the contacts were made and straightaway on the same day resubmitted my whole application. This time, he documents never reached the H/O on time as it sat on the post office shelf for the next few months! As per my solicitor, the H/O only received the file after the new law came into effect in April, and this time again they returned the application as the incorrect fee was paid. He wrote to them on the same day and resubmitted my application and challenged them that the application should be considered on the basis that it was sent in August 2012 and it continued since, but they chose to ignore him and resend me all the documents back to my home address. When I received the documents, I straightaway went to my solicitor and told him of what happened, I agreed with him that I'm happy to pay that additional fee, just get them to get on with my application!
In the end of august, the H/O got in touch with my solicitor stating that the fees I paid in August 2012 is no longer valid as my application was returned as unsuccessful when it was first returned and therefore I should again pay the £991 fee if I would like to get things moving on again, I had an option either I resort to court to sort out the matter or pay the fees and allow the H/O to get away with it, I chose to just finish off with this whole again as the stress it was giving was becoming insurmountable, I was lead to believe that by Oct - Nov the whole issue will be resolved and i will get my settlement, but till date I am still waiting, I spoke to my solicitor a week ago he mentioned to me I have been booked for my Biometrics @ croydon on the 14/11/2013 and that a letter from the H/O will follow shortly to give all the details, Today I am still waiting, no letter has come through, I have tried to get in touch with my Solicitor today and he's unavailable, frustrated my partner got in touch with the H/O today to ask whether the biometrics letter has been sent out to which the person on the phone said no nothing has been sent out and there's no application pending on my file!
I am frustrated and angry as I cant understand what's going, my solicitor has always been reassuring me all's fine, now when I need to get in touch with him he's unavailable, but more so the H/O is saying something else?
Can one of the expert advisor please guide me as to what I shall do? I feel a victim at the hands of a vicious system that's so unorganized and lack transparency in their dealings with their customers!
I am a full-time employed with a very good job, my only concern is this whole mess affecting my job! I have a stable family life with my partner and we're both good and hard working individuals, we just want to be able to live a decent and stress free life, but having had this whole mess of H/O over our heads is making us feel vulnerable and almost treated like 'illegals' !
I appreciate your thoughtful advises.
Many thanks
H
I would appreciate some input from the experts please..
I applied for my spouse visa back in August 2010 through a law firm and was lucky enough that after two months I obtained my 2 years probationary spouse visa (under the same sex relationship category). My partner is a British national and I was already in the UK prior to our relationship on a visa category (at the time it was work permit, however I have been in the UK since 2004, as I came to study)
As per the rules at the time, after 2 years of living together, if the relationship is still on, I would be eligible to apply for settlement at the end of my 2 years on continuous living together,
That was the case and at the end of my visa which ended on August 2012, I applied for my ILR again through the same law firm, I sent my application on time and waited to see things sorted from there, (till date I am still waiting!!)
I expected my biometrics to shortly follow after receiving my acknowledgement letter, however the delay just prolonged through with no contact from either my solicitor or the H/O. I would always be in regular contact with my solicitor since my application was submitted, and he would reassure me that the case is in consideration and I should hear from them soon, which I never did, until in May i was contacted by CAPITA which is a department from within the H/O which mentioned i should make arrangements to leave as I have no legal status to remain in the UK.
Concerned i got in touch with my solictor, to which he dealt with the issue and mentionned to me that mess up like these is very common within the H/O as to his knowledge there's no concern,
In June 2013 I received a packet through the post with all my documents being returned to me and the H/O asking me to submit a fresh application as the fee i sent was incorrect therefore on that basis my application is invalid,
When I got in touch with my Solicitor only then learnt the real nature of what actually happened, According to my solicitor, my application was first returned back to him in January as declined, as despite the numerous contacts from the H/O to both him and me to attend my biometrics we ignored the communication and as a result my application was declined as deemed unsuccessful.
When he first received all my documents back, he challenged them as to provide proof that the contacts were made and straightaway on the same day resubmitted my whole application. This time, he documents never reached the H/O on time as it sat on the post office shelf for the next few months! As per my solicitor, the H/O only received the file after the new law came into effect in April, and this time again they returned the application as the incorrect fee was paid. He wrote to them on the same day and resubmitted my application and challenged them that the application should be considered on the basis that it was sent in August 2012 and it continued since, but they chose to ignore him and resend me all the documents back to my home address. When I received the documents, I straightaway went to my solicitor and told him of what happened, I agreed with him that I'm happy to pay that additional fee, just get them to get on with my application!
In the end of august, the H/O got in touch with my solicitor stating that the fees I paid in August 2012 is no longer valid as my application was returned as unsuccessful when it was first returned and therefore I should again pay the £991 fee if I would like to get things moving on again, I had an option either I resort to court to sort out the matter or pay the fees and allow the H/O to get away with it, I chose to just finish off with this whole again as the stress it was giving was becoming insurmountable, I was lead to believe that by Oct - Nov the whole issue will be resolved and i will get my settlement, but till date I am still waiting, I spoke to my solicitor a week ago he mentioned to me I have been booked for my Biometrics @ croydon on the 14/11/2013 and that a letter from the H/O will follow shortly to give all the details, Today I am still waiting, no letter has come through, I have tried to get in touch with my Solicitor today and he's unavailable, frustrated my partner got in touch with the H/O today to ask whether the biometrics letter has been sent out to which the person on the phone said no nothing has been sent out and there's no application pending on my file!
I am frustrated and angry as I cant understand what's going, my solicitor has always been reassuring me all's fine, now when I need to get in touch with him he's unavailable, but more so the H/O is saying something else?
Can one of the expert advisor please guide me as to what I shall do? I feel a victim at the hands of a vicious system that's so unorganized and lack transparency in their dealings with their customers!
I am a full-time employed with a very good job, my only concern is this whole mess affecting my job! I have a stable family life with my partner and we're both good and hard working individuals, we just want to be able to live a decent and stress free life, but having had this whole mess of H/O over our heads is making us feel vulnerable and almost treated like 'illegals' !
I appreciate your thoughtful advises.
Many thanks
H