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Expired Fiance Visa, No Decision on Spousal Visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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dancingbear2020
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Joined: Tue Dec 08, 2020 8:17 pm
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Expired Fiance Visa, No Decision on Spousal Visa

Post by dancingbear2020 » Mon Apr 26, 2021 2:12 pm

My Wife, from Russia arrived in the UK at the end of September 2020 on a Fiance Visa, this expired at the end of March 2021

Applied for a spousal visa December 2020.
Biometrics Submitted January 2021.
Escalated visa End of March 2021 (No response)
Escalated a second time a week later (No response)
Phoned (UKVI) a 3rd time to escalate, was advised that the terms of time limits on responses for family visas had now been removed, so there is no limit to how long it will take to hear back on the visa.
I complained through the complaints procedure about hearing no response to either escalation.


1) Has the time limit for visa responses indeed been lifted (I could not find such news on the gov.uk website)?

2) My wife would like to work, but she can't on a fiance visa nevermind the fact its expired, is there any mechanism that would allow her work given that the spousal visa would allow for it? I found this excerpt from this page
https://www.gov.uk/guidance/coronavirus ... -residents

"If you intend to stay in the UK
In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK.

You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee.

The terms of your current permission will remain the same until your application is decided. If you are switching into work or study routes you may be able to commence work or study whilst your application is under consideration, depending on the terms of your current permission."

Whilst not strictly a work route or study route, it is a route which allows for the prospect of work.

3) Granted travel is currently restricted due to covid, but when its lifted (Presumably in May 2021) is there any mechanism to leave the UK and return with an expired visa whilst waiting for a decision on a pending visa?

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CR001
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Re: Expired Fiance Visa, No Decision on Spousal Visa

Post by CR001 » Mon Apr 26, 2021 3:07 pm

She cannot work until her spouse visa is granted.

She cannot travel out of the UK and re-enter either if her visa is expired. If she leaves the UK, her application wi also be considered withdrawn and she loses the fee paid
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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