Exceptionally complex issue letter from HO

[cjv87]

Hello All,

I wonder if someone can help me out here re my Tier-2 visa extension. Thanks in advance.

I have recently applied to extend my Tier-2 General visa with my wife as dependant, within UK, under the same employer and same SOC code (2139 - IT Conusltant) with appropriate salary (31000 for 40 hours) using priority Service. My application processing details are:

Date of application posted : 13/02/2017
Date of application received at HO : 14/02/2017
Date of biometric letter received : 16/02/2017
Date ofBiometrics submitted : 17/2/2017
Date of exceptional letter received : 24/02/2017 (but date in the letter is 21/02/2017). i.e. Received it 2 days later

since then I have had no update from HO but when I called them and requested for an update using their propity service mail address, I received a very frustrating answer "your application is still being processed and we can't give any further information", even after 10 working days... I sent the mail twice but the same answer from them. My employer had received no mails or a call from HO, till today.

We are blessed with a baby boy in January 2017 and we didn't receive his Indian passport by the time we applied / submitted our visa application. Thus, I didn't add him as dependant in my application.

My questions here are:
1. Does it lead to refusal ? What is the % of application refusal after receiving this kind of letter ? If someone has had the same problem, how long did it take for you to get a decision ?
2. Delay in making a decision on my application is because of not including my baby as dependant on me ? How can the HO know about baby details without having the info from us ?
3. As I read few posts in this blog, is it not uncommon these days getting delayed from HO?
4. Can HO make it faster if I give them my baby details ? is it a good idea to let them know now ?
5. Is it correct to keep sending mails and asking them an update on my application ? don't they frustrate with my mails..
6. As i am the only Tier-2 employee in my company, I am allowed to check the COS status. So, when does the COS status change from 'ASSIGNED' to 'USED'. When status changed, Do I get a mail from HO saying a decision is made in the same day?
7. Is there a direct contact number to call HO (Priority Immigration Team) and track the application status ?
8. Also, my wife gets "Maternity Allowence" from Gov. I am sure and dont think this is a public fund. !!!?

Please help me. My current visa expires on 10/03/2017. I knew that I am not considered as "Overstayer" untill the decision made by HO. But, we are planning to go India very soon.

Thanks again.

Cjv87

[cjv87]

Any pointers or ideas friends..

[tomdavis]

Can u plz explain what's written in the exceptional letter sent from HO? You should wait for some time and stop doing unnecessary emails to HO. Be patient and explain the details properly.

Thanks

[Djsuccess]

There's obviously something they need to verify, and that's why your application has been delayed. It is not an automatic refusal. They just need to verify certain information to help with their decision.
2It is not compulsory that you apply for your child along with your application. Usually UKVI wants to know if you have a child in order apply child protection law while considering your
application.
3. See my response in no 1
4.it is possible that the case worker wants to know if you have a child. I am aware of a case in a recent visa extension (premium application) where the case worker asked if the applicant has a child nd why the child was not included in the application. The applicant said yes and that it will be too expensive for him to do premium application for the whole family. The case woker also asked for evidence that the applicant and his wife are still living together. Luckily they had a utility bill in their joint name, so they submitted the utility bill and got their visa few minutes later.
I then imagined, if it wasn't a premium application, may be the application would have been delayed because they want to verify those two things.
5. Sending mails everyday will not change the status. They will treat the case whenever they have all the information they need to make a decision.
6. You can be sending them emails every 2weeks. Your employer should be the one checking your COS status and not you.
7. I don't know
8. Statutory maternity allowance is not termed as public fund. You can check here
https://www.gov.uk/government/publicati ... c-funds--2

You are not an over stayer because your visa has not been refused. You can not travel until you have your visa. And again since you didn't apply for your child, of you take the child out of UK, you will be able to bring the child back except you apply for visa from India.

[vinny]

I doubt that this has anything to do with your recently born child.

[Djsuccess]

There's obviously something they need to verify, and that's why your application has been delayed. It is not an automatic refusal. They just need to verify certain information to help with their decision.
2It is not compulsory that you apply for your child along with your application. Usually UKVI wants to know if you have a child in order apply child protection law while considering your
application.
3. See my response in no 1
4.it is possible that the case worker wants to know if you have a child. I am aware of a case in a recent visa extension (premium application) where the case worker asked if the applicant has a child nd why the child was not included in the application. The applicant said yes and that it will be too expensive for him to do premium application for the whole family. The case woker also asked for evidence that the applicant and his wife are still living together. Luckily they had a utility bill in their joint name, so they submitted the utility bill and got their visa few minutes later.
I then imagined, if it wasn't a premium application, may be the application would have been delayed because they want to verify those two things.
5. Sending mails everyday will not change the status. They will treat the case whenever they have all the information they need to make a decision.
6. You can be sending them emails every 2weeks. Your employer should be the one checking your COS status and not you.
7. I don't know
8. Statutory maternity allowance is not termed as public fund. You can check here
https://www.gov.uk/government/publicati ... c-funds--2

You are not an over stayer because your visa has not been refused. You can not travel until you have your visa. And again since you didn't apply for your child, of you take the child out of UK, you will be able to bring the child back except you apply for visa from India.

I meant you will not be able to bring the child back except you apply for visa from India.

[cjv87]

Thank you very much friends..

tomdavis,

The letetr has "Your application raises exceptionally complex issues and we require further time to consider your case thoroughly and reach a decision".

DJSuccess,

Thank you. thats very helpfull.

Okay, then, Can I directly write a letter to the caseworker (name mentioned in the complex letter) with my baby passport copy. they can see the issue date on it ? Can I write it to name of case worker and the postal address of Shefield on letter ?

Unfortunately, we don't have a common proof of address for myself and my wife to show that we are living together. So, Can I send my driving license copy and her bank statement ? both have the same address.

What else docs can we submitt ?

Thank you all again.

[CR001]

Not clear why you want to write to the caseworker and send stuff when it has not been asked for.

The letter you have received is a standard letter. Many visa applicants applying for all sorts of UK visas get it.

[Djsuccess]

Thank you very much friends..

tomdavis,

The letetr has "Your application raises exceptionally complex issues and we require further time to consider your case thoroughly and reach a decision".

DJSuccess,

Thank you. thats very helpfull.

Okay, then, Can I directly write a letter to the caseworker (name mentioned in the complex letter) with my baby passport copy. they can see the issue date on it ? Can I write it to name of case worker and the postal address of Shefield on letter ?

Unfortunately, we don't have a common proof of address for myself and my wife to show that we are living together. So, Can I send my driving license copy and her bank statement ? both have the same address.

What else docs can we submitt ?

Thank you all again.

There's no need to send any other documents if you have not been asked to do so. The case I cited was easy because it was asked during a premium appointment.
UKVI will contact you if they need any other information from you. You can just wait patiently for a decision to be made.
Or you can follow up with emails after waiting for another two weeks.
All the best.

[silverocks]

Hi...just wondering did you put the same job description that you have given before while doing your first application?

[cjv87]

Hi silverocks,

Yes, I mentioned the job description same as on my old COS. Everything in new cos was same as in old one except salary and cos no.



Thank you friends for all your great suggestions and they are very helpfull to to keep my mind at rest (for a bit.. ). Thank you very much again.

I will update you guys when I get an update from HO.

cjv87

[silverocks]

I would like to request frontier mole to give his thoughts on this following question.....

If COS is issued with the same job description like the initial COS then is it the reason for these complex issue letters mostly if so then is it can lead to refusal considering all other aspect of that position is right eg. right salary,genuine job, tax paid to HMRC. Thanks

[Frontier Mole]

Complex letters cover off a vast range of activity that could be taking place. However it is not a precursor to automatic refusal, so if everything as it should be you have little to be concerned about.

Likely reason for further activity within Tier 2 visa extensions applications:
Conserns about non genuine vacancies, this may result in further activity to verify the role you perform.
Third party working especially in the IT consulting industry.
Variance of declared HMRC earnings to COS salary or SOC.

[silverocks]

Thanks A lot Frontier mole.

[silverocks]

Dear CJV87... any further news or update of your situation. Thanks

[cjv87]

Hi silverocks

Thank you. I did send them mails several times (6 times nearly, mostly every week) asking for an update / a new time frame but unfortunately, everytime, they gave a templet reply 'Your application is under consideration with the casework team .we are unable to provide any timescale when this will be completed. They will contact you directly should they require further information' which is very frustrating answer... Its been 8 weeks completed for today.

I got the same reply even after I explained my current situation (about my newly born child etc..) in one of my mails. And also, I have got an offer from another employer (a week ago) but they want to wait for a decision on my existing application before they assign me a new COS. I am struck here too. Its all my bad...

Thanks again. I will update you guys if I get any update from UKVI.

Regards,
Cjv87

[silverocks]

Hi cjv87

At least your ball has started rolling but the questions are like for new applicants, doesn't make sense when you are now extending your visa. The initial documents like bank statements etc seems very reasonable. Please update when you get anything as I am waiting since February just like you. But no response from them at all.

Did your company sent all the information already? Please update us if you hear anything. Thanks.

[cjv87]

Hi All,

Just to update you that I have finally received an approval letter today from UKVI. I am very relaxed now..

I must thank all the experts here who helped me with their valuable information and great thoughts. Thank you very much.

Regards,

[silverocks]

Great News. Congrats
Can you please explain bit more the steps you took for this process as I also submitted in feb2017 by priority postal then got the letter of complex on 1 March, since then I wrote to the case worker and email the priority team but nothing so far. Really appreciate if you can share the experience you had. Thanks.

[cjv87]

Hi Silverocks,

Thank you. Yes, I knew that real pain and pressure that we experience in this kind of situations. However, my story was:

I submitted my Tier 2 application on 11/02/2017 (Priority base) and I didn't include my son (6 motnhs old now) as dependant bcz I received his passport just 2 days later of this date. Then, eveyrthing went as usual (received acknowledgement letter, submitted letter) but unfortunately I received complex issues letter a week later. Since then, I didn't receive any sort of updates at all from UKVI for 2 months (Until April). By this time, my rental contract finished and our agency sent a letter (on 31/03/2017) to vacate the house on agreed date in April. So, in the first week of April, I worte a letter to UKVI and explained my situation and started sending emails every week to Prioritypostalrequests@homeoffice.gsi.gov.uk for an update (I think you knew their templet response for these emails "application still under consideration and we can't give you the expected date"). Though, no response at all to my letter as expected. Then, I took appointment with my local MP (4th week of April) and subimtted the letter that I wrote to UKVI, letter to vacate the house from agency and explained our current situation. A week after, you knew what happened in UK (Parlament was disolved on 03/05/207) and think about how I felt... However, my luck, he won the election again and I rang him (on 09/06/2017) to convey my congrats and to get an update from UKVI. He sent me a mail on 16/06/2017 saying "UKVI say they have now done checks to confirm your employment status, and are dealing with the application as a priority". On 14/06/2017, UKVI sent an email to my employer for further docs and info re my employment. My employer sent everything what they needed on 21/06/2017 and Just after 10 calender days I got the result (a big big pain relief tablet). Many thanks to our MP.

I still wonder why UKVI doesn't request the info that they need and decide within their processing period / SLA, even though the fees paid for 'Priority' Or 'premium' service, when they feel the application is not straight forward. I thought to file a case against UKVI at one point though my thinking was foolish. Very frustrated...

Hope all is well in your case too. Gud luck.

Thanks

[silverocks]

Hi CJV87

Thanks for sharing and good luck.

[Sharu]

Hi everyone,

Need some advice on what can I do in my case which is as follows:

Inside UK Switch from Tier 4 to Tier 2 (5 years) application with one dependant
Online application submitted: 30th January 2017 (Postal)
Documents received by home office: 2nd February 2017
Received letter for BRP: 11th February
Brp done: 14th February
Letter from home office saying exceptionally complex issues received on 27th February

No communication received to either me or my employer till date.

What should I do? Approach local MP or just wait or anything else?

Thank you very much in advance.

[hash0002]

Hi everyone,

Me too in the same boat. Nothing heard from HO - 6 months now post the 'complex issue' letter.

Anyone who received their outcome recently?


Regards.

[hash0002]

Hi All,

Just to update you that I have finally received an approval letter today from UKVI. I am very relaxed now..

I must thank all the experts here who helped me with their valuable information and great thoughts. Thank you very much.

Regards,

Congrates, buddy.

Could you please share what documents / information they asked your employer recently?

Thanks.

[Sharu]

Hi everyone,

Need some advice on what can I do in my case which is as follows:

Inside UK Switch from Tier 4 to Tier 2 (5 years) application with one dependant
Online application submitted: 30th January 2017 (Postal)
Documents received by home office: 2nd February 2017
Received letter for BRP: 11th February
Brp done: 14th February
Letter from home office saying exceptionally complex issues received on 27th February

No communication received to either me or my employer till date.

What should I do? Approach local MP or just wait or anything else?

Thank you very much in advance.

Can someone respond please?