Priority Spouse Visa FALL Timeline (Oct-Dec)

BD 39 now. I keep reminding myself of a quote I heard somewhere, "Destiny delayed is not Destiny denied". We figure we have more days of waiting behind us than we do ahead of us. So any day now...

I feel your pain!  BD 46 for us from receipt of docs.  Hang in there!  I was told on 22 Feb that our application is "awaiting final decision" so I'm hopeful...

I'm confused though.  You make one application or the other.  So you submitted the straight forward application?  Not an Article 8 Application?  I'm assuming you sent the regular application and then included information regarding Article 8 (information regarding your British child), if the application was refused again?

I'm confused though.  You make one application or the other.  So you submitted the straight forward application?  Not an Article 8 Application?  I'm assuming you sent the regular application and then included information regarding Article 8 (information regarding your British child), if the application was refused again?

Correct, this time we made one straight forward application and in our covering letter we made submissions on the basis of Art 8 just in case the application was refused again.  Last time UKVI automatically considered a human rights claim (even though we didn't make one) presumably because my daughter is British and then refused that as well because we didn't make any submissions.  So this time, we covered both bases.

Correct, this time we made one straight forward application and in our covering letter we made submissions on the basis of Art 8 just in case the application was refused again.  Last time UKVI automatically considered a human rights claim (even though we didn't make one) presumably because my daughter is British and then refused that as well because we didn't make any submissions.  So this time, we covered both bases.

Ah, okay.  You must have used a lawyer.  99.999999999% of people don't do that after a refusal.   

No harm in doing so.  Just hopefully the lawyer kept it separate to not muddle the application. 

Ah, okay.  You must have used a lawyer.  99.999999999% of people don't do that after a refusal.   

No harm in doing so.  Just hopefully the lawyer kept it separate to not muddle the application.

Yep, we used a lawyer this time.  I think it was pretty clear - she set out each of the requirements and explained how we satisfy them.  I suppose we'll find out one way or the other!  I don't think we would've made Art 8 submissions this time if UKVI hadn't automatically considered a human rights claim with the first application...

@KamLaw07 good luck to you guys! We are on BD42 now. And this process is the worst! But hopefully we will get our approvals soon!

Good luck for those you further into the wait! I hope some decision emails come through today!


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Does anyone know when the Visa Processing Stats on gov.uk usually update? Any chance it'll be tomorrow?

https://visa-processingtimes.homeoffice.gov.uk/y/united-states/settlement-visas/settlement

No. of days / % applications complete (Jan 2018)

• 3 days / 3%
• 5 days / 15%
• 10 days / 31%
• 15 days / 45%
• 30 days / 74%
• 60 days / 94%
• 90 days / 98%

De facto relationship for 4 years, married for 1 year 8 months, apart since Jan. 15th.

How long have you been married for?  And how long have you been apart for?

Yep, we used a lawyer this time.  I think it was pretty clear - she set out each of the requirements and explained how we satisfy them.  I suppose we'll find out one way or the other!  I don't think we would've made Art 8 submissions this time if UKVI hadn't automatically considered a human rights claim with the first application...

UKVI must now always look at any Human Rights claim when they refuse a visa, even though the applicant never asked for it. This is why it was mentioned on the last refusal. If the applicant meets the visa requirement under the immigration laws, then there is no need for UKVI to look to see if there is any human rights claim.

The Immigration Act 2014 and 2016 ended in-country appeals, including Human Rights, to shut down the well known abuse. i.e. the legacy cases. Keep putting if for a visa they know they will never get and keep appealing that refusal for years, then another visa application and the rounds of appeals again,  then a Human Rights claim, all the time knowing they will never get these visas or HR. The more people that did that, the longer the court backlogs got and they all remained in the UK for years as they couldn't get deported.

Now those trying this sort of abuse, don't get an in-country appeal and get told they have 14 days to leave the UK. Any claim to human rights has already been looked at and refused, when UKVI refused their visa. These must now appeal from their own country - which isn't worth them doing if they know they won't get a visa to enter the UK. The 14 years illegal/legal stay for ILR, that many were trying to hang on for, was changed to 30 years for ILR for application approved from that date (as it was outside the immigration rules). Proof of their 20 years illegal/legal stay and then on to the very expensive 10 years route (4 visas and 10 years of the IHS).

Unfortunately, shutting down abuse sometimes catches out the genuine. e.g.
Lack of documents to renew their visa from within the UK, can now put a spouse  on the very expensive 10 year route if they have a British child, instead of their last 30 month visa before their ILR. Whereas these might have rather reapplied with the correct documents for their last 30 months to ILR.

Do the business days start from the day they received the application or from the date of the biometrics were completed?


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We count from the day we received the confirmation email saying they received our documents. I don't know for sure about everyone else.

We count from the day we received the confirmation email saying they received our documents. I don't know for sure about everyone else.

Ok, the VFS Global website states that the UKVI aims to make a decision on priority visas within 30 business days from the date the biometrics was received. I was a bit  confused, I’m counting from the date I received the email they received my application.


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If that was the case I'm on day 46. Ugh. Lol I'm sticking with the 42 to just be safe. 

Ok, the VFS Global website states that the UKVI aims to make a decision on priority visas within 30 business days from the date the biometrics was received. I was a bit  confused, I’m counting from the date I received the email they received my application.

All of us here aim to count from the day that either the documents were received in Sheffield or the day that you get the email stating that your documents were received (some people don't get the latter, so we have to go off of tracking info).

I will say though, I was sent a copy of an email from UKVI to my MP and it was interesting. I got the "your application has been received, blah blah blah" email, but it was triggered by my biometrics appointment - UKVI had not received anything from me at this point. The email that my MP received stated the same date as that email, so UKVI must be counting (for me at least) from the date of the mistriggered email rather than the date that my materials were received.

In my case, it also doesn't matter too much since I got a not straight forward email, then a request for more documents, then Sheffield told me that they never received the documents that I emailed to them and had to send them again yesterday.... It's just a really organized office - let me tell you.