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Overstayer Visa Application Decision Delay

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Marriage | Unmarried Partners | Fiancé | Ancestry

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zoho123
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Joined: Mon Feb 19, 2024 3:06 pm
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Overstayer Visa Application Decision Delay

Post by zoho123 » Mon Oct 28, 2024 1:29 pm

Hello,

Does anyone else experience long delay with an overstayer visa application?

We made an application in October 2023/ delivered all documents to the Home Office in November 2023 so soon it will be 1 year since we made an application and the governement website states up to 12 months for visa decision.

We made an aplication on a basis of a private life, partner visa (altough in the meantime the HO allowed us to get married, but our lawyer suggested keeping the application as a partner visa).

I am British, my partner is Indian.

Unfortunately, I did not have enough income to speed up the application and the application was made under a right to private life.

I am wondering if anyone has been experienceing similar delays.
Our lawyer suggested waiting for a decision as opposed to writing to the HO as it may have a negative result trying to "speed them up".

The wait has had a huge impact on my partners mental health and me being his partner as a result. He also wants to start working and not being "scared" every time he sees a police.

Is there anything else you'd recommend other than waiting?
Please share your experience if ou had to wait for longer than 12 months for the HO decison.

Thank you

AmazonianX
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Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Overstayer Visa Application Decision Delay

Post by AmazonianX » Mon Oct 28, 2024 5:09 pm

What sort of lawyer/solicitor suggests that contacting HO about an application could result in negative result!

Contact your MP, lodge a complaint to HO.

zoho123
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Re: Overstayer Visa Application Decision Delay

Post by zoho123 » Tue Oct 29, 2024 11:05 am

AmazonianX wrote:
Mon Oct 28, 2024 5:09 pm
What sort of lawyer/solicitor suggests that contacting HO about an application could result in negative result!

Contact your MP, lodge a complaint to HO.
Thank you AmazonianX.
We may end up doing it although according to the lawyer's firm this can cause HO making a "sudden decision" as they have noticed it in the past few months with other clients' cases, meaning negative.

It has been a long wait due to other family complications and I don't want to make things worse. My partner just wants to work and we want to have a normal life.

I don't want to complain; just want to ask for the update on our case.
When we had our Home Office interview (submited original documents) we were told that all papers were in order and nothing was missing thus the frustration. On the other hand, his several years of overstaying complicate the case.
I will contact the lawyer (as I dont want to make anything without them approving it) and ask our MP for help.

Thank you

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Ticktack
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Joined: Wed Mar 23, 2022 10:35 am
United Kingdom

Re: Overstayer Visa Application Decision Delay

Post by Ticktack » Tue Oct 29, 2024 2:36 pm

You do understand that by just marrying a Brit doesn't mean that your sins are forgiven.

The process would take as long as it takes unfortunately.

I know it sounds cruel, but you can't do a crime and expect that because you've suddenly come out and admitted it, then all should be forgiven.

It's a crime to overstay in the UK. If the government wants to punish overstayers by making them wait much, much longer, wouldn't you think that's fair?

You can't now twist the hands on the HO backwards and ask them to accept the application speedily. It doesn't work that way.

Just being blunt and truthful here.
No sin in failing, you just have to try and try again!

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