FLR(M) Waiting times

[ronald1987]

I applied for FLR(M) on 25th March 2011 and got my biometrics done after a long wait on the 16th June 2011 and I am still waiting for my decision. Is this normal for an in country application is there anything I can do? I am desperately in need of a job and our marriage is effecting due to this long agonizing wait.

Your advice will be appreciated Kindly Share your timeline with us if you wish if you are an FLR(M) applicant and waiting or have yours recently granted. Would be good to know where we stand.

Date Applied/Docs sent: 25/03/11
Date Received Ack. Letter: 01/04/11
Date Biometrics booking letter arrived: 07/06/2011
Date Biometrics Appointment Croydon: 16/06/2011
Date Passport/Docs received from HO: Pending
Result & VISA stamped: Pending
Visa Type : FLR(M) for spouse
Visa From: Student

Thanks

[Terpe]

It could be because you are 'switching'
Why not give a call, e-mail or letter and ask?

[Terpe]

I did a quick search on the UKBA website, this is the best info I can find:-

Waiting times
This page contains our service standards covering applications for settlement in the UK. The service standards explain how quickly we aim to decide these applications.

The service standards
We will:

¦decide 95% of postal applications within six months; and
¦decide 90% of applications made in person at a public enquiry office within 24 hours.

Source:-
UKBA Waiting Times - Settlement (http://www.ukba.homeoffice.gov.uk/settlement/waitingtimes)

[ronald1987]

It could be because you are 'switching'
Why not give a call, e-mail or letter and ask?

sO u reckon switching takes longer as opposed to a normal application. I would have thought otherwise my solicitor has suggested a pre action protocol letter to home office to decide the case within 14 days but then i am reluctant i dont want to put too much pressure on the Home office and jeopardize my chances. Whats annoying me is that the biometrics were taken 3 weeks ago some people got it in a few days after the bios and some got it after 5 weeks the longest i have seen is 9 weeks after bios appaling cause they took 2 months and 15 days to send me letter to enrol my bios

[Terpe]

You have engaged a solicitor? You refer to a case?
Maybe I've missed something, but it sounded to me like you were on a Student Visa, got married to a UK Citizen and applied for FLR. Unless there was some reason to involve legal advice.

As mentioned the only published processing time info I found is in post #3

You may be one of the 5% who will wait 6 months or more. We have no way of knowing.
You could still contact and ask.

[ronald1987]

You have engaged a solicitor? You refer to a case?
Maybe I've missed something, but it sounded to me like you were on a Student Visa, got married to a UK Citizen and applied for FLR. Unless there was some reason to involve legal advice.

As mentioned the only published processing time info I found is in post #3

You may be one of the 5% who will wait 6 months or more. We have no way of knowing.
You could still contact and ask.

I instructed a solicitor anyways :) i was on a student visa and made an in timr application. never had a problem extending my stay since 2006. thanks for ur advice so fair

[Faye_and_Brian]

Im on fiancee visa before got married with my husband and filed for FLR still waiting until now, we submitted the application April 4,2011 and got the biometrics appointment May 31,2011 so its 1 month after from the application and until now we are still waiting for the result. It makes me more stress everyday and my fiancee visa almost expired now. We are already waiting from the biometrics 6 weeks nothing heard from them. My visa will expire this July 19. I tried to call them but all you heard is just an answering machine that stating " You can follow up your visa if its already 14 weeks passed from the biometrics date" whats happening with the UK immigration now??? are they that very slow??? :xxaction-smiley-047:xxaction-smiley-047

[Terpe]

Faye_and_Brian,

I don't think you have anything to be concerned about.
As previously indicated, the UKBA website states:-
The service standards
We will:

¦decide 95% of postal applications within six months; and
¦decide 90% of applications made in person at a public enquiry office within 24 hours.

You visa status will remain just as it is, so theres no problem about that.
I know just how tough it can be, but try to remain calm and confident. There would need to be a very major immigration issue to be refused.

[Faye_and_Brian]

Faye_and_Brian,

I don't think you have anything to be concerned about.
As previously indicated, the UKBA website states:-
The service standards
We will:

¦decide 95% of postal applications within six months; and
¦decide 90% of applications made in person at a public enquiry office within 24 hours.

You visa status will remain just as it is, so theres no problem about that.
I know just how tough it can be, but try to remain calm and confident. There would need to be a very major immigration issue to be refused.

Hi Terpe,

Thanks for your reply... so it doesnt matter eventhough the visa is expired?

I just read about this on their website:

Progress enquiries

You do not need to contact us to check the progress of your application. We will contact you as soon as a decision has been made or if we require further information. Our staff cannot provide any information about your application if:

you applied less than 14 weeks ago in a category that does not require biometric information; or
you applied in a category that does require biometric information, and you provided your biometric information less than 14 weeks ago.

[Faye_and_Brian]

They provided email address about inquiries but you cant inquire if its less than 14 weeks, so Im quiet doubt if I will going to email them or not :doh

[Terpe]

Hi Terpe,

Thanks for your reply... so it doesnt matter eventhough the visa is expired?

No. The visa status is OK

[Faye_and_Brian]

No. The visa status is OK


Ok Terpe, hope you are right. Thanks for the advise though but do I need to follow-up through email or will phone them? is it advisable to inquire about the progress?

[Terpe]

Ok Terpe, hope you are right. Thanks for the advise though but do I need to follow-up through email or will phone them? is it advisable to inquire about the progress?

You could consider a letter and/or e-mail indicating that your wife is wanting to take up employment urgently and requesting a response.

[Terpe]

Faye_and_Brian,
This is what is stated on page 4 of the FLR(M) Guidance Notes (Version 07/2010)

14 YOUR STATUS WHILE YOUR APPLICATION IS BEING CONSIDERED

If you and any children under 18 apply before the end of your permitted stay in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/are decided.

[joebloggs]

you have section 3C protection :xxgrinning--00xx3:

It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".
To benefit, a person must have existing leave to enter or remain at the time when
their valid application is made. Section 3C then prevents such an applicant becoming
an overstayer during the period in which their application for a variation of leave
remains undecided and, thereafter, while an appeal against any refusal could be
brought or is pending.
To prevent people becoming overstayers while exercising a right of appeal against a
decision to curtail or to revoke leave to enter or remain, section 11 of the
Immigration, Asylum and Nationality Act 2006 added a section 3D to the Immigration
Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends
it while an appeal could be brought or is pending.

[Faye_and_Brian]

You could consider a letter and/or e-mail indicating that your wife is wanting to take up employment urgently and requesting a response.

Its Faye, I see. I wil just wait anyway I still dont need work urgently i have to take care first of my little one.

[Faye_and_Brian]

Faye_and_Brian,
This is what is stated on page 4 of the FLR(M) Guidance Notes (Version 07/2010)

14 YOUR STATUS WHILE YOUR APPLICATION IS BEING CONSIDERED

If you and any children under 18 apply before the end of your permitted stay in the UK, your/their existing immigration status, including any permission to work, will continue until your/their application(s) is/are decided.

so if it happens that they rejected my FLR? and if I want to re apply again? will they consider my next application as Over stayer since my visa is already expired?

[Faye_and_Brian]

you have section 3C protection :xxgrinning--00xx3:

It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".
To benefit, a person must have existing leave to enter or remain at the time when
their valid application is made. Section 3C then prevents such an applicant becoming
an overstayer during the period in which their application for a variation of leave
remains undecided and, thereafter, while an appeal against any refusal could be
brought or is pending.
To prevent people becoming overstayers while exercising a right of appeal against a
decision to curtail or to revoke leave to enter or remain, section 11 of the
Immigration, Asylum and Nationality Act 2006 added a section 3D to the Immigration
Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends
it while an appeal could be brought or is pending.

Thank you, this ease my mind a little bit. I havent read this on their website.

[joebloggs]

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter1/section5/section5.pdf?view=Binary
its in the guide for UKBA staff :xxgrinning--00xx3:

[Terpe]

so if it happens that they rejected my FLR? and if I want to re apply again? will they consider my next application as Over stayer since my visa is already expired?

Faye, that just ain't gonna happen!

If the application was completed without problems then it's pretty tough to think of any reason for refusal.