IS.96 recieved

[zsarz05]

Hi everyone,
My husband applied for a visa in january after we got married in December (I'm an EU national) The HO sent back once his application because the page about the payment has not been signed by him (solicitor's fault), and then our solicitor sent it back again in March but got accepted only on the 3rd May (why???). Before we got married we havent been invited for an interview and they didn't come to check us. Before we have recieved a letter with interview questions what my husband completed with the lawyer. On the 28th April we have recieved a letter saying that my husband needs to leave the UK, because he didn't say any reason why he should stay. (???)
The lawyer said she emailed them that my husband has a pending application and the HO should send all the correspondence to her. In spite of this, we have recieved a IS96 today saying he needs to go to the police station every two weeks and can be detained. Can they detain him once he's got a pending application? Also, can it be just a misunderstanding between the HO and the solicitor??? I am so worried, someone please help me!

Thanks
Zs.

[SimonS]

Hi Zs,

terribly sorry to hear about your circumstances. Think the experts on here will need a little more information about your application and circumstances to give best advice but you should definitely report your solicitor to the law society. If I were you I would first lodge an offical complaint to them and then if you are not satisfied with the response escalate to Legal Ombudsman on 0300 555 0333, who can help to resolve your complaint for you.

I'll be honest with you, I've used a solicitor this year for different purposes and discovered they're all a bunch of greedy, bloodsucking, useless parasites. Nothing is done on tine. Needless to say I decided not to use one for my wifes settlemnet visa application.

On the application front, since your solicitor is clearly incompetent and tardy, you need to divorce yourself and your application from their authority immediately by writing to them and the UKV&I instructing of the change. Better to handle these things yourself without a 3rd party. All the information you need is on this site.

Good luck

[zsarz05]

Thank you for your advice, I am terribbly confused because the solicitor seems so confident and has got amazing reviews on the internet, but in our case there is simply no result. Anyway, I will try to do my best and fight for my husband, hopefully they cannot do anything as long as he's got a pending application. This whole situation is just terrible.

[SimonS]

I understand your situation, my solicitor for a different reason (family not criminal) also had excellent reviews and lots of press coverage. Turned out to be useless.

You need to understand the specific reason that your applcation is delayed or failed. It is not clear here why you are not successful. While your solicitor is the intermediate and charging you, frankly they do not give a damn if you are successful or not. Sounds like they are withholding information. That is why I advise you demand the communication from HO to your representative. You are entitled to all of this since you have paid. They cannot refuse. This will give you the exact reasons and dates of correspondence and you can use this in your defence against the detainment orders and also your file against the solicitor for breach of contract. You should at least stop paying your solicitor and make them take you to court where you can present your case for misrepresentation.

Apologies that I can't give better advice on the Visa application but you need to be more specific. The only person who has this information is your lawyer......

[Tamandua]

What type of visa did your husband apply for? If you are an EU national, he should have applied for a residence card (family member of an EEA national) from within the UK.

Is he here on a points-based system visa?

He cannot be detained if he has an outstanding case with the HO.