Help Please !!!

[UndercoverPrincess]

Hi all

I am new here! Apologies if this has been asked already but I couldn’t find an answer.

Can anyone help with any guidance/knowledge advice?
Kind of going out of my mind here!

My partner came in to UK legally in 2002. He came as student and then unfortunately due to a mistake/misunderstanding he missed getting is visa restamped.

Scared and worried resulted in the whole situation being ignored and 21 years later here we are!

We are in a committed relationship and have been for around 16/17years. We also have a child together, soon to be 8 years old.

We applied on 31/08/23 under private life, human rights and also parent to a British child. Our application was accepted under the Super Priority Service where you pay £800 and then on the day of the biometrics. Got handed a letter that said, you will receive a refund of the amount.

This is a complex case and response time is 12 months!
Same day on gov uk website, they published a new ruling, that basically states

You cannot apply for the super priority service if you do not have valid permission to enter or remain in the UK and are applying for either:

family life as a partner, parent or dependent child or based on private life in the UK using the form FLR(FP)
human rights claims, leave outside the rules and other routes using the form FLR(HRO)

I guess my question is has anyone come across such situation? What was the outcome? How long did it actually take? Did it take 12months?

[meself2]

Not sure why it was posted under ILR subforum - clearly not an ILR application. Moved to General.

That would take a while. All cases are individual, so I'm not sure if others' experience will be of any help, but other members may contribute.

[UndercoverPrincess]

Apologies to that! I am new to this.

Reading back i have noticed i missed to say with no valid visa, he is an overstayer. We were sold the idea that with the super priority service which initially accepted we would have this resolved in 3days max! And now being told 12 months! Everything is new and confusing/worrying!

[meself2]

Regardless of the visa type, priority service is not a guaranteed service.

Even for other situations which may look straightforward (ie 5 years with one renewal on a worker visa) people get told their situation is too complex and UKVI will take a while to process.
Your case is even more complicated (an overstayer for a number of years), so that was kind of expected, unfortunately.
I'm afraid all you can do now is to wait for a decision, which could take months (I don't think there's any recent data point a suggestion to be based on).

[UndercoverPrincess]

The stressful waiting game, where they don’t even tell you what they are looking into specifically. They haven’t asked for any further documents so far. Just thinking if that is the case, did they just put it at the bottom of the pile thinking this doesn’t need to be dealt with for 12 months?

[CR001]

The route he has applied for takes long to be processed and decided. Ukvi have to look at a number of things covering a very very long period and do a lot of checks, with a fine tooth comb.

It is unreasonable to expect a very quick decision when the applicant has been in breach of immigration rules for 21 years.

[UndercoverPrincess]

How long does someone wait till you start chasing things up?

I have read about people getting MPs involved? Is that the way forward?

[meself2]

How long does someone wait till you start chasing things up?

I have read about people getting MPs involved? Is that the way forward?

Since UKVI states it'll be 12 months for this route, MP escalation most likely won't help until the time is up (12 months).

You can't just blame UKVI for not giving a reply in a few days when person was overstaying for 20 years. People wait for months to get a response even where overstaying isn't involved, eg Tier 1 visas (post2105686.html#p2105686 ).

[Ticktack]

How long does someone wait till you start chasing things up?

I have read about people getting MPs involved? Is that the way forward?

You're free to get your MP involved at any stage. However, as previously advised, your partner as shown blatant disregards for the laws of the land for over 2 decades. No MP can wave a magic wand and make it go away.

In all honesty, it would take as long as it takes.

[UndercoverPrincess]

Unsure why everyone is quick to get so defensive and annoyed.

I do understand the severity of the situation. However non of you are aware of the reasoning behind why it took so long for this to be corrected.

Everyone quite quick to judge?

I guess the long and short of it is that we have to wait. Those that have helped in a kind way, thanks!! Appreciated!!

[lolo2]

I guess the long and short of it is that we have to wait

This is what everyone has been telling you from the beginning!

When an application is classified as complex by UKVI, the applicant is also informed that processing this can take longer than usual, and sometimes a timescale is provided - as in your case.

It doesn't matter the applicant paid priority or they email or call UKVI/the MP several times, none of them will speed up the process because the applicant is chasing them. The process will be completed at any time within the 12-months given once UKVI finish their assessment of the application.

It can be frustrating but you just need to be patient and wait!

[Frontier Mole]

No matter what the reasoning behind his overstay there is not an excuse that can credibly cover 20 years. Hence the comments and general approach you are receiving in response to your post.

Your child will probably be the crux of his probably likely successful claim as a parent of a British citizen. Given the child is eight years this matter could / should have been addressed some time ago.

His claim will be on a shelf for months before it is allocated or even considered, bluntly there is no hurry given the circumstances.

[UndercoverPrincess]

Hi all - hope everyone is well!

In my previous posts, there was a lot of discussion/feedback to me for being impatient and not understanding the situation.

For anyone that may be experiencing something similar to what I posted originally! Do not lose hope and get an amazing solicitor!

I can now confirm the Visa was approved! Within a month instead of the one year we were told to wait! Even with the complex case that we had!

Best news ever!

[AmazonianX]

Hi all - hope everyone is well!

In my previous posts, there was a lot of discussion/feedback to me for being impatient and not understanding the situation.

For anyone that may be experiencing something similar to what I posted originally! Do not lose hope and get an amazing solicitor!

I can now confirm the Visa was approved! Within a month instead of the one year we were told to wait! Even with the complex case that we had!

Best news ever!

That's some good news, it's not the normal.