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Topic: Wish to switch from Marriage/Fiance visa to family but DVLA still has my passpt.  (Read 750 times)

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Hi all, just wondering if anyone can offer me some advice on my current situation. I've already called a law firm for advice but they advised me to call the UK Visas and Immigration line - which I have tried but I cannot get through. I also tried the US embassy but they would only speak to people travelling TO the USA.
So, I'm currently on a 6 month Marriage/Fiance visa which is valid until the 25th July. I married my now Wife on June 01 - thanks to Covid delays. Now I wish to switch to a 2.5y Family visa while I'm still in the UK.
Me and my Wife are currently living with her mother who is kindly helping us get on our feet (my wife is on PIP as she has severe anxiety/panic attacks), so we have gone around in circles trying to get proof of address. Earlier this month I decided to apply for a provisional driving license as I have no other options for proof of address. As part of the application I had to send my passport as proof of ID and it was clearly stated on the official GOV site that I would get it back within a week - though it did warn on the application not to send in my passport if I needed it in the next month, which I didn't. However, after tracking my license progress, it still says it's awaiting my application even though I know it was delivered because I sent it and paid extra for next day/tracking. After looking on their social media I'm seeing swathes of people complaining that they haven't received anything back in several weeks/months, with staff replying that it could now take 6+ weeks due to Covid.
I obviously cannot afford to wait this long, not only because I need time to apply for my next visa while I'm here, but because if, worst case scenario, I have to return home due to my visa expiring, I will not have a passport.
Does anyone have any advice for me? What are my options?
Thanks in advance.


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Have you contacted DVLA directly to explain the situation ask them to send your passport back?

That’s likely to be your best option because I don’t think UKVI are going to be able to do anything to help.

I know there were massive delays with provisional licences last year as they stopped processing them completely during Covid and some people here waited months for their license/for their documents to be returned.

You have to apply for your next visa by 25th July at the very latest, so you could do that anyway (assuming you have made a copy of your passport and visa) and then just book your biometrics appointment for as far in the future as you can, in order to give you more time to get your passport back from DVLA.

You do not have to send your passport off when you apply for FLR(M), but you will need it in order to attend biometrics.


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Have you contacted DVLA directly to explain the situation ask them to send your passport back?

That’s likely to be your best option because I don’t think UKVI are going to be able to do anything to help.

I know there were massive delays with provisional licences last year as they stopped processing them completely during Covid and some people here waited months for their license/for their documents to be returned.

You have to apply for your next visa by 25th July at the very latest, so you could do that anyway (assuming you have made a copy of your passport and visa) and then just book your biometrics appointment for as far in the future as you can, in order to give you more time to get your passport back from DVLA.

You do not have to send your passport off when you apply for FLR(M), but you will need it in order to attend biometrics.


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Thank you the quick reply back.
I have been phoning DVLA directly on a daily basis but cannot get through at all, unfortunately. I tried the webchat too, but no avail.

So let's say, hypothetically I applied for my next visa with photocopies of my passport/visa right now. What would be the latest we could schedule the Biometrics? I remember reading that once you have a visa application pending a decision, you have a 30 day period after your visa expiration to remain in the UK. Is this correct and could I book my Biometrics appointment within that timeframe?

Sorry for the complicated questioning, I'm just a little at a loss of what to do. Thanks again.




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There's no 30 day limit. I'm not sure exactly how long you can drag it out for but substantially longer than that.

Try writing and emailing.

By email
Use the email service to contact DVLA about driving licences and applications.  https://contact.dvla.gov.uk/driver/capture_transaction_type

By post
Drivers Customer Services
Correspondence Team
DVLA
Swansea
SA6 7JL

https://www.gov.uk/contact-the-dvla/y/something-else/something-else/driver


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The embassy will issue an emergency passport for visa application purposes.

Hindsight is 20/20 of course but adding you to the council tax would have been the best course for something with an address. 


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There is no limit to how long you can stay in the UK as long as you applied for your next visa BEFORE the expiry of your current one. You are covered under ‘3c’ rules. Your current visa conditions continue as long as you apply before your visa expires until your next visa is granted (things get slightly more complicated if the visa is refused, but we’ll ignore that for your purposes…).


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2004-2008: Student Visa
2008-2010: Tier 1 PSW
2010-2011: Tier 4
2011-2014: Tier 2
2013-2016: New Tier 2 (changed jobs)
16/12/15: SET (LR) successful! - It's been a long road...
12/05/16: Citizenship ceremony!


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Thanks for all the helpful replies, I did suspect I could remain as long as I applied before my visa expiration, so thank you for clarifying this.
One final, related question though: If I submit my visa application, does it count as a "pending decision" BEFORE I've had my BRP appointment or do I need to have been to the appointment before it's considered pending? (Hopefully this makes sense)


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Application is submitted the day you press submit, that’s when the clock stops. Biometrics date doesn’t change application date.


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Application is submitted the day you press submit, that’s when the clock stops. Biometrics date doesn’t change application date.

Thank you so much for all the advice, you have all been really helpful.


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There is no limit to how long you can stay in the UK as long as you applied for your next visa BEFORE the expiry of your current one. You are covered under ‘3c’ rules.

Only coverered under 3c if it is a valid application.

"Invalid applications

An invalid application does not extend leave under section 3C.The Supreme Court in the case of Mirza & Or 2016 UKSC 63 upheld the decision of the  Court of Appeal in the case of Iqbal & Others [2015] EWCA Civ 838 that section 3C leave does not apply where the application to extend or vary leave is rejected as invalid." 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953205/3C-3D-leave-v10.0ext.pdf


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Thank you the quick reply back.
I have been phoning DVLA directly on a daily basis but cannot get through at all, unfortunately. I tried the webchat too, but no avail.

When you phone, if the recording says the lines are shut, keep "spamming".  They have a phone queue system, but when all slots are filled, the recording tells the caller to try web chat. The staff on web chat have limited access to information and can only advise, and cannot access individual cases.  So keep trying to phone until you can catch an open slot (they occur when a call ends and someone moves from the queue to talking to an employee).  Your hold time may be up to an hour once you get in the queue, so have something to occupy you while you wait (but be prepared to drop that activity swiftly).
9/1/2013 - "fiancée" (marriage) visa issued
4/6/2013 - married (certificate issued same-day)
5/6/2013 - FLR(M)#1 in person -- approved!
8/1/2016 - FLR(M)#2 by post -- approved!
8/5/2018 - ILR in person -- approved!
22/11/2018 - Citizenship (online, with NDRS+JCAP) -- approved!
14/12/2018 - I became a British citizen.  :)


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The embassy will issue an emergency passport for visa application purposes.

Hindsight is 20/20 of course but adding you to the council tax would have been the best course for something with an address. 

Just tried calling the embassy. It seems they are only giving out emergency passports if you plan on traveling within 5 days. So I don't really know where to go from here...


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