Help with Visas

[grabitanrun]

Hi all,

Here I go..........

Having gotten married to my Thai wife in the UK in 2012, we are STILL waiting for the UKBA to process her application for a married visa. In the meantime my wife is a 'prisoner' in the UK, if she leaves she cannot get back in as her original visa has expired. We've engaged a solicitor and even the local MP but so far without success.

Here's the question - my wife needs to travel back to Thailand in the next few months as some of her close family are ill - has anyone ever tried requesting a temporary visa on compassionate grounds? - I'm at my wits end in knowing how to deal with this.

The UKBA were VERY quick at cashing the cheque (3 days), pity they are not so quick in processing applications!

[metisdead]

Moved to the Visas to other countries forum.

[7by7]

What type of leave to remain has she applied for?

When did she apply?

You seem to say it was in 2012; and I can see no reason why a straightforward case would take that long when postal LTR applications usually take 3 to 6 months.

If she has been waiting 2 years for a decision then her application cannot be a simple, straightforward one.

In which case, we need more details to be able to comment.

Edited June 12, 2014 by 7by7

[grabitanrun]

Applied May 2012 for a 2yr LTR as a result of our UK marriage, got refused in Feb 2013 as they said the application was sent in out of time, however as the solicitor proved to them, that was incorrect, now been waiting since, with chases every month. Every time we or the solicitor ring they just say awaiting consideration and no more

[David48]

What Visa is your wife currently staying on in the UK currently?

As the originial Visa has expired and the "LTR as a result of our UK marriage, got refused in Feb 2013".

.

[7by7]

David, if the OP's wife is appealing a refusal of leave to remain, LRT, then her previous permission to remain in the UK will be automatically extended until the appeal process is complete.

Grabitanrun,

In most circumstances, if a passport is requested back while an application is being processed then the application is considered by the Home Office to have been withdrawn; which means she would have to start the whole settlement process again from Thailand under the new rules.

However, I understand that in urgent, compassionate circumstances she may be able to request her passport back to travel to Thailand and be able to return to the UK without making a new application.

You say you have engaged the services of a (hopefully immigration specialist) solicitor; so they would be best placed to advise you on this.

[David48]

A little off topic, but our system is very black and white, probably less compassionate, but easier to understand.

Thanks 7X7 for the explaination and good luck to the OP.

[bobrussell]

Contact your MP. The Home Office has to respond to them within a fixed time.

There is a slight chance they might find the application in the pile of 'to do tomorrow' applications. If they made the mistake they might just be encouraged to look again. Use the term 'maladministration' a few times in the letter to your MP!