Waiting Time After Appeal Allowed

[Vini78]

Hi guys. My name is Vini and I want some infos about spouse visa application. I applied for a spouse visa by the end of 2015 and I got refused initially. I appealed the refusal and after a long wait, the case went to tribunal on April 2017. The judge made a decision on 5th of June, allowing me to reunite with my spouse. The home office acknowledged this by writing a letter to my solicitor by going ahead with the judges decision and passing the case to " Post decision casework unit in Sheffield" .

My problem now is the time frame of issuing the visa. My solicitor told me that a period of "90 day"
will start from the day the judge made the decision (5th of June) and within these 90 days you will get the visa. Whereas the home office sent the letter of acknowledgement to the solicitor on the 15th of July and when I called them 2 days later, asking them how long it'll take for the visa to be issued, they told me " a period of 8 weeks" . I'm a bit confused because according to the solicitor , I will be able to get the visa by the 5th of September at most as a deadline ( which it will be tomorrow) , but if we take this post decision casework unit that I talked to, after 8 weeks from the 15th of July, it will be around mid September as a deadline before I get the visa.
Today is 4th of September and no news from them and waiting for so long it's making me so stressed whether they do respect these time frames at all or not. Will I ever get this bloody visa, as my wife it's also getting stressed a lot, being apart for nearly two years now. Does anyone know for these time frames being respected at all, because we've been getting delays after delays non-stop. Even the judge said in the court case that she will make a decision after 2 weeks and it took her 7 weeks to get that decision. Then it took the home office another month and a half to acknowledge this decision, when it shouldn't have taken more than 28 days (their deal line for appealing the decision) . I'm applying from Albania and I need some help in regards to this case. I'm so stressed about this and I don't know who to turn to. My wife contacted the MP as well, but also delay from her part too.
I don't understand these unending delays, as if they want to break families apart. I'm an educated person with a degree taken in U.K., and my wife also she's an well educated British citizen paying almost half her wage as a tax. We own a property in London and they treat us as if we are disposable units and not human being. Sorry for being emotional , but I would appreciate if someone cal help me with some extra information about it.
Are these " post decision casework unit in Sheffield " good at respecting the time frames or not?

Thank you in advance.

[Vini78]

What have you applied for and appealed??

Hi.
My appeal on my settlement visa was allowed on the 5th of June. I'm applying from abroad, Albania.
The HO has not requested my passport yet and that 12 weeks deadline has already passed.
Is this normal, and does it take long after you hand over the passport to them to be granted the visa? I'm getting worried a lot by this.

I'd appreciate if you could answer that please.

Thanks .

[CR001]

Why was your visa appication refused?

[Vini78]

Why was your visa appication refused?

Being an over stayer . Anyway, they did sent my solicitor in the 15th of July a letter that they will go ahead with the judge's decision and they passed the case to the "post decision casework" in Sheffield.

I haven't received any news since then.

Is this normal ?

Thanks a lot.

[Vini78]

Is there no one to give me some sort of an idea?

Regards.

[doubledee]

HO said within 3 months

[Appeal32011]

I think the best advice will be for you to exercise a little more patience. You'll get your visa eventually. If you don't mind, can you please tell us why you were refused, other than overstaying; was it a refusal under 320(11)? Also, can I give us your timeline, I.e. the dates for: visa Application sent, refusal, appeal lodged to tribunal, tribunal date and appeal decision. I've also been refused for overstaying(and obtaining a university degree), and am currently waiting for an appeal date.

[Vini78]

Hiya.

Yeah, I was refused under the article 320(11).
They used other stupid excuse apart from overstaying to refuse me.
What that excuse was basically that I, during the interview with them over the phone with ECO admitted of working illegally once I become an over stayer. A pathetic lie indeed. The ECO representative was quite poor in English language and when she asked me whether I worked in U.K. Or not I replied " I did when I was permitted to but did not after I became an over stayer".
What she put down in the refusal letter then was that " apart from you being an over stayer , and that's a good enough excuse to refuse your application, you also admitted of working illegally while being in U.K."
I was furious about it and told my solicitor about this. Anyway we appealed and my solicitor asked the tribunal to tell the HO to present a record of that phone call interview.
The tribunal asked them , but HO refused to bring that on the table on the date of the court case. Judge was actually disappointed that they used a false pretext to refuse me and brought absolutely no proofs to back their claim.
She then, the judge, concluded that they shouldn't have ,under this false pretext separated this couple for a long time for no reason, cuz she also concluded that being an over stayer was not a good enough excuse to refuse. On that basis she allowed my appeal.

Anyway to answer your requests;

I made an application on the 9/11/2015.
I payed some extra money for fast track visa application and after two weeks on the 26/11/2015 they refused my application.
We appealed within 28 days.

Then we waited 1 year and a bit (a stupendously long time) from the HO to set up the tribunal date. That was ok January 2017.
The date for the tribunal was set on the 21 April 2017.
The judge (also late by a few weeks , cuz she told my wife the decision will be made within two weeks on the court) then made her decision on 25th of may by allowing us the appeal , but sent the determination letter to our solicitor by the 5th of June.
The HO on the other hand, only acknowledged the decision on the 15th of July (again more than 28 days deal line date) .

Now we are on the 13/9/2017 and I yet to receive an invitation letter for the BRP, let alone having the visa stamped .
I don't even know how long after I hand over the passport I will get that passport back with the issued visa. You get different outcomes on the dates in this forum.

We wrote to the MP and she wrote to them on the 26th of July but they have yet to answer even to the MP request.

I don't even know what's going on anymore.
In their website, the HO clearly states that 95% of the cases will get solved within 12 weeks period of time. Within 8 weeks you normally get the invitation email. None of that has happened yet.

I'm just getting depressed beyond imagination.
My wife isn't even feeling well psychologically and physically. Her GP told her that they suspect her of having Hernia and might need an operation. She has to pay for the mortgage and lots of other bills. I'm an landscape architect and I have a job lined up for me there, through my connections I had before I left. Seriously , I never thought this country was so inconsiderate to the human tragedies. With my degree I can easily works elsewhere in EU cuz my country is treated differently in EU (we also are in the schengen area) and we can easily get working visa there if you have a degree. The only reason for pressing for U.K. Is my wife and the mortgage we have there...plus some of her family , friends etc.

But under these conditions , being treated like that, I seriously doubt the time being worth of doing all of this.

Sorry for the long post.

[son7777]

Hi,

M'y Mother's settlement appeal was allowed on 10 May 2017 by first tier tribunal. We received our fée award on 15th June but Tilldate we have not reçeived any call latter to submit passport .

Is thère any number or email address you know which Ï can use to Enquiry about thé Status of appeal ?
My area MP has written to home office two months ago but strange he has also not received any reply even after two follow ups.

Thanks

[Vini78]

If the judge allowed the appeal and the 28 days period has passed for the HO to appeal against that , then you shouldn't worry too much whether you will get the visa or not.
At least that's what my solicitor's saying.

My case is also similar with slight adjustments that the home office has contacted my solicitor saying that they will implement the judge's decision and have passed my case to the department that deals with visa issuing .
My problem is that the 3 months period has passed and I get to receive an invitation to hand over the passport, let alone getting the visa. I don't even know after this invitation to hand over the passport how long I have to wait after that for receiving the visa.

My case has been delay after delay non- stop.
They never kept for once the time frame that they proclaim. I'm regretting big time this application in the first place.

I have a couple of numbers.

03001232241 - this is for general
Inquires

02034811736 - this is to talk directly to one of their advisors , but there's a charge for that. They need your card details.

Good luck to you and the rest of the people that are in the same position as you and I .

[son7777]

Thanks Vini,

I have tried paid number but they don't have any information related to appeals.
Hopefully we will hear soon from them.

[Vini78]

Thanks Vini,

I have tried paid number but they don't have any information related to appeals.
Hopefully we will hear soon from them.

It depends to whom you spoke to.
Some HO operators don't know much about these things. Some tells you something and some others something else.

I spoke to several and today I spoke to a couple. One told me the same thing that you've said and the other said that "your case has been escalated two days ago. You will hear from the HO within 14 days" .

It's not that I believe them a lot about this, but keep trying. Also kept trying with your solicitor a lot also. My one tend to be an arsehole that needs to be pinched quite often in order for him to do something. Why would he? He got paid already!
As I said, keep phoning the HO, push your solicitor a your MP to get in touch with them.

Do not sit on it otherwise it might turn into a longish hellish wait.

[Sunny98490]

What have you applied for and appealed??

Hi.
My appeal on my settlement visa was allowed on the 5th of June. I'm applying from abroad, Albania.
The HO has not requested my passport yet and that 12 weeks deadline has already passed.
Is this normal, and does it take long after you hand over the passport to them to be granted the visa? I'm getting worried a lot by this.


I'd appreciate if you could answer that please.

Thanks .

Have you got visa now

[Vini78]

Not yet .
I tried to call the operators for outside UK contact number and they just waste your time. They 've escalated the case for the third time now (the third one is apparently an urgent escalation), and nothing is happening yet.
I' ve got an email from the British embassy in Warsaw yesterday and they stated that they passed my inquiry to the IHS team in Sheffield.
I don't know what's going on. I haven't received the call letter yet to hand over the passport, but they passed my inquiry to the IHS team?
And the other weird thing is, I never received the refund of the IHS payment I have done two years ago, therefore why would they need another IHS payment?

It's getting so frustrated now. Very depressing indeed.

Appeal allowed on 5/6/2017.
Home Office acknowledgement letter of the allowed appeal : 19/7/2017.

Since then, no contact has been made yet, despite the MP writing twice to them.

[Vini78]

There's been some update. The ECM asked me last week to resubmit my passport to finalise the procedure, acknowledging that the decision to refuse my application it's been overturned by the judge.
On the 25th of October I received the email and on the same date I resubmitted my passport to the agency dealing with the application.... Uktls.

It's been 8 working days now and no email to collect my passport yet.

Pfff, so frustrating. It takes them time even when they are already very late. How pathetic. How long does it take for the passport to arrive there, get stamped and delivered back? The courier companies take 1-2 days to get to Warsaw, where the British embassy is and deals with visa applications. I don't know why it takes so long for this.
Still waiting.

[path4u]

Hi my appeal was heard on 20/nov/2017 I am still waiting for Decision Dose any one know how much time it will take

[Sialkot327]

Hi my name is Ali. My Appeal was alowed and home office have not gone against it in upper tribunal i want to know how long it will take to process my visa and BMP and do i need to provide any thing my passport is with home office already thanak you

[Sialkot327]

Hi can some one help me please. My Appeal was allowed 3 weeks ago and hime office have not appeal against it now i want to know what will happend next. Will they give me visa if yes will they ask me to do fingerprints again and how long it can take ?

[Kawal111]

I applied for my husbands spouse visa in April
After a long wait 8 months after they refused his visa because HO said we did not provide 6 payslips from my full time job on the refusal letter all it says is we only provided 2x as we sent all 6 when the bundle of documents came back there were all 6 payslips there, that was the only reason why my husband was refused.
We appealed in October
I went to india to visit him for 4 weeks
I then rang today as it’s been 8 weeks from the appeal the person goes next stage of the appeal is sending it to the home office and the ECO will contact my husband within the 3months more wait it’s killing me I suffer from anxiety it’s getting worse day by day can anyone give me any advice how long will it take can it happen before 3 months Please help me

[fatehata]

Hi guys
Can anyone help i have the same issue like vini78 had
My wife appeal was allowed on 12th october and we were told in 8 weeks time she will be asked to re submit her passport and now its more than 12 weeks and we havent heared anything from HO.

Can anyone tell how long we need to wait

[frost5]

Appeal allowed Oct 12th passport submitted feb 16th.... how long to wait? I need your input please

[Ajwagu]

Hello everyone

My appeal was allowed by the first tribunal, after few days home office ask permission to appeal to upper tribunal but the first tribunal refuse permission to appeal to upper tribunal and give 14 days to apply direct to upper tribubal.

The 14 days period has passed and i havent received any letter from court neither home office, i need your help guys into this.

Would home office still appeal ?? Or what will be the outcome of my case ?

Please members advice on this

[NeneT]

Hi Vini, please advise how long you waited? My husband is Albanian, I am British and we won our Appeal in April 18. The ECO hasn’t called.

[Ballmigirl17]

Hi Vini, please advise how long you waited? My husband is Albanian, I am British and we won our Appeal in April 18. The ECO hasn’t called.

My husband is Albanian also, our appeal was allowed 6th June, still awaiting to have the decision in writing though so we know we have time yet. I'm worried that i will be waiting more, seems like you have also

we shouldnt have to wait this long

[onemorething]

Hi Vini, please advise how long you waited? My husband is Albanian, I am British and we won our Appeal in April 18. The ECO hasn’t called.

Hi, Did you get your RC?