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Legal Options available for long processingtime

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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michelsays
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Joined: Wed Mar 22, 2017 2:35 pm

Legal Options available for long processingtime

Post by michelsays » Fri Sep 01, 2017 1:37 pm

Hello Everyone,

I would like to know what legal option we have if the visa processing is taking too long. (Refer to Barrister)

As a believer. the category which is PBS (Point Based System) Tier 1 E 50K

You are claiming the points based on the supporting documents. which should not take more time unless there is a delay in verifying those documents.

In my case, I need to travel out of UK for both personal & business reasons, And I have requested to expedite my case with supporting documents in August and its been 3 weeks nothing I have heard.
I have also involved my Local MP but it didn't help much to get it processed ASAP.

I have been calling home Office helpline numerous times to receive an update on my file but not receiving any response.

It's very SAD to see after spending too much money on application fees there is lethargic service received

MY timeline,

Application posted 17th March 2017
Received Application 21st March 2017
Fees Deducted 22nd March
Email send for biometric letter 12th April
Bio metric Letter dated 19th April
Biometric received 21st April
Biometric Done 22nd April
Complex letter date 8th May
Complex letter received 11th May
Contacted Local MP 1st time 7th Jul
Contacted Home office to expedited my case 17th Jul
Call received from Home 5th Aug
Send supporting doc 7th Aug
Contacted Local Mp 2nd time 15Aug
Concated home Office on every week from 10 Aug but no response/didn't receive any call.
Have emailed to complaints team on 31 Aug

heyaheya
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Re: Legal Options available for long processingtime

Post by heyaheya » Fri Sep 01, 2017 1:46 pm

What call did u recieve from home office on 5th or of august. Plus they ate doing interviews in ur offices so i guess u should wait for response from home office. They might call u soon for interview or smthing. I do understand what u must be going through. But still jus pray and wait for them to reply.


Regards,

michelsays
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Posts: 12
Joined: Wed Mar 22, 2017 2:35 pm

Re: Legal Options available for long processingtime

Post by michelsays » Fri Sep 01, 2017 2:26 pm

I received a call for the reason to expertise my application and asked me to send the supporting document which I asked my solicitor to send it on 7th Aug.

I had my interview done in my initial application already. So i don't think so there will be another interview

morning_grays
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Joined: Wed Mar 29, 2017 11:25 pm

Re: Legal Options available for long processingtime

Post by morning_grays » Sat Sep 02, 2017 8:50 pm

Deae Michelsays,

You have asked for a refferal for a barriester, but unfortunately as per my understanding the memeber aren't allowed to post name of the expert or a firm name. Thanks

michelsays
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Re: Legal Options available for long processingtime

Post by michelsays » Mon Sep 04, 2017 10:55 am

HI ,

Nope, I am not looking for any referral name or firm. I don't want to approach barrister and pay huge money for a consultation where I don't know if I can send a legal notice to them.

I am looking is there any option where we can put up a legal notice to HO where they have failed to process the application for more than 6 months.

This is causing stress & mental harassment due to uncertainty occurred. Everyone in the media is talking about EU uncertainty but no body talk abt the NON-Eu migration uncertainty which is going on for ages.

I want to take this battle to them. I am in a stage where I don't care if I am getting my visa renewed or not?

But I will high light this sub-standard of HO to the media. That's for sure

shupretty
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Re: Legal Options available for long processingtime

Post by shupretty » Mon Sep 04, 2017 10:27 pm

Dear michelsays & others,

I would like to send an expedite letter to UKVI for my tier 1 extension. Its been more than 3 months I have submitted my bio metric. Please share the contact details ( email address and phone no) of the home office to send the letter. Thanks

Hassan Rasheed
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Re: Legal Options available for long processingtime

Post by Hassan Rasheed » Mon Sep 04, 2017 11:14 pm

Yes you could put legal Notice to HO through court if you like.

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zimba
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Re: Legal Options available for long processingtime

Post by zimba » Wed Sep 06, 2017 11:03 pm

There is no legal basis under which you can force HO to decide your application on a certain time frame. You can only challenge HO in the court of law and seek damages from them if they have done something unlawful. Delaying a visa application is not an unlawful act on its own :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

michelsays
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Re: Legal Options available for long processingtime

Post by michelsays » Fri Sep 29, 2017 5:05 pm

Just to give you an update i had send an email to HO for considering legal options for not providing any update and taking long for deciding the case.
here is my timeline after

Send an email to take legal action 12 Sept
Decided Status 25 Sept
Bio-Metric Received 29 Sept
Awaiting Passport & Documents & IHS refund

Looks like the email worked or it was sheer co-incidence not sure.

Best of luck to others who are waiting for outcome

msaleemu
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Re: Legal Options available for long processingtime

Post by msaleemu » Fri Sep 29, 2017 5:17 pm

Congrats

Can you please share HO email
Address where you sent an email

I applied on 9th March n still waiting

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CULLINAN
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Re: Legal Options available for long processingtime

Post by CULLINAN » Fri Sep 29, 2017 6:16 pm

michelsays wrote:
Fri Sep 29, 2017 5:05 pm
Just to give you an update i had send an email to HO for considering legal options for not providing any update and taking long for deciding the case.
here is my timeline after

Send an email to take legal action 12 Sept
Decided Status 25 Sept
Bio-Metric Received 29 Sept
Awaiting Passport & Documents & IHS refund

Looks like the email worked or it was sheer co-incidence not sure.

Best of luck to others who are waiting for outcome
Good to see someone who took a bold step against HO!
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

miumiuuk
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Re: Legal Options available for long processingtime

Post by miumiuuk » Fri Sep 29, 2017 7:50 pm

Good job and congrats. 8)

Actually, what kind of legal options that could be used to against HO?
I personally think that they are meant to just postpone the majority applicants' cases to reduce migrants figures. :evil:

msaleemu
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Re: Legal Options available for long processingtime

Post by msaleemu » Sat Sep 30, 2017 11:35 am

Hey michelsays

Can you please share HO email address and content of your email

michelsays
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Re: Legal Options available for long processingtime

Post by michelsays » Tue Oct 03, 2017 11:41 am

I had approached to Citizen Advice for Immigration and they spk to Home office on 12 Sept
Below is the details


Immigration casework complaints

The Immigration Services Commissioner who looks after the standards of immigration advice will investigate complaints about immigration casework. You can make a complaint instead of approaching your local Citizens Advice or can do so at any stage during the Citizens Advice complaint procedure.
Contact the Office of the Immigration Services Commissioner

By post:

Office of the Immigration Services Commissioner

Complaints Team
5th Floor
21 Bloomsbury Street
London
WC1B 3HF

By phone:

0207 211 1500
0345 000 0046

By email: complaints@oisc.gov.uk

Website: www.gov.uk/government/organisations/off ... mmissioner

manu2017
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Re: Legal Options available for long processingtime

Post by manu2017 » Tue Oct 03, 2017 2:19 pm

michelsays wrote:
Tue Oct 03, 2017 11:41 am
I had approached to Citizen Advice for Immigration and they spk to Home office on 12 Sept
Below is the details


Immigration casework complaints

The Immigration Services Commissioner who looks after the standards of immigration advice will investigate complaints about immigration casework. You can make a complaint instead of approaching your local Citizens Advice or can do so at any stage during the Citizens Advice complaint procedure.
Contact the Office of the Immigration Services Commissioner

By post:

Office of the Immigration Services Commissioner

Complaints Team
5th Floor
21 Bloomsbury Street
London
WC1B 3HF

By phone:

0207 211 1500
0345 000 0046

By email: complaints@oisc.gov.uk

Website: www.gov.uk/government/organisations/off ... mmissioner
This is indeed a very helpful post, would you also please let us know which medium is efficient and quicker via phone, email or post? also which kind of complaint you had with ISC, thanks

FMA
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Re: Legal Options available for long processingtime

Post by FMA » Tue Oct 03, 2017 3:25 pm

michelsays wrote:
Tue Oct 03, 2017 11:41 am
I had approached to Citizen Advice for Immigration and they spk to Home office on 12 Sept
Below is the details


Immigration casework complaints

The Immigration Services Commissioner who looks after the standards of immigration advice will investigate complaints about immigration casework. You can make a complaint instead of approaching your local Citizens Advice or can do so at any stage during the Citizens Advice complaint procedure.
Contact the Office of the Immigration Services Commissioner

By post:

Office of the Immigration Services Commissioner

Complaints Team
5th Floor
21 Bloomsbury Street
London
WC1B 3HF

By phone:

0207 211 1500
0345 000 0046

By email: complaints@oisc.gov.uk

Website: www.gov.uk/government/organisations/off ... mmissioner

Hi,


OISC is appearently a regulating body for Immigration Solicitors and Advisor and has no influence or control on the working attitude of Home Office.

Their complaint section expressively says;

What you can and can’t complain about

You can complain about:

poor advice or service
unreasonable fees
an adviser claiming you’ll be successful
an adviser charging for work not done
an adviser missing deadlines or failing to appear in court
an adviser

You can’t make a complaint about:

how long your immigration application has taken
something that’s already part of an ongoing legal action
a refund or compensation
Home Office staff
a person or organisation outside the UK

+++

Thus it seems no use approaching them lengthy process of applications.


Regards
FMA

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zimba
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Location: UK
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Re: Legal Options available for long processingtime

Post by zimba » Tue Oct 03, 2017 4:20 pm

I repeat again here that you must follow HO complaint procedure here: https://www.gov.uk/government/organisat ... -procedure.
OISC has nothing to do with immigration cases with HO :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ishfaqsangra
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Posts: 866
Joined: Wed Aug 14, 2013 11:10 pm
Pakistan

Re: Legal Options available for long processingtime

Post by ishfaqsangra » Tue Oct 03, 2017 5:46 pm

michelsays wrote:
Tue Oct 03, 2017 11:41 am
I had approached to Citizen Advice for Immigration and they spk to Home office on 12 Sept
Below is the details


Immigration casework complaints

The Immigration Services Commissioner who looks after the standards of immigration advice will investigate complaints about immigration casework. You can make a complaint instead of approaching your local Citizens Advice or can do so at any stage during the Citizens Advice complaint procedure.
Contact the Office of the Immigration Services Commissioner

By post:

Office of the Immigration Services Commissioner

Complaints Team
5th Floor
21 Bloomsbury Street
London
WC1B 3HF

By phone:

0207 211 1500
0345 000 0046

By email: complaints@oisc.gov.uk

Website: www.gov.uk/government/organisations/off ... mmissioner
Thanks for the updates

manu2017
Member
Posts: 104
Joined: Thu Jul 27, 2017 11:17 am
Mood:
Pakistan

Re: Legal Options available for long processingtime

Post by manu2017 » Wed Oct 04, 2017 11:00 am

michelsays wrote:
Fri Sep 01, 2017 2:26 pm
I received a call for the reason to expertise my application and asked me to send the supporting document which I asked my solicitor to send it on 7th Aug.

I had my interview done in my initial application already. So i don't think so there will be another interview
Would you please tell us, which supporting documents you have send to HO to expedite your case please. Thanks

michelsays
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Posts: 12
Joined: Wed Mar 22, 2017 2:35 pm

Re: Legal Options available for long processingtime

Post by michelsays » Thu Oct 05, 2017 11:46 am

Terms and conditions of the contract not been signed by the unless having the clear status of the immigration which has value for loss of revenue to the company. In which i can file a case against the HO where there will be confit of interest for which they have granted me my initial visa and this has led me to top doing my business and generating revenue (This I asked the company to put in the terms & conditions to expedite the process).
Due to which I will occur a huge loss and might not be able; to continue my business hence the extension will no longer require.

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