Sunny days and summer holidays mean travel is now back on for many. Sadly, some families are still separated due to visa processes and others are unable to travel without jeopardising their immigration applications.

So almost 28 months after the world ground to a halt due to the pandemic, what exactly is the present state of affairs for those waiting on UK visas through the family route and what should they do to have the best chance of a smooth process?

Out of country applications

The first step for those applying from outside the UK is to prepare the mandatory evidence. This will generally be broken down into four different elements: Relationship, Financial, Accommodation and Tests. Each requirement will then have a precise criteria and specified evidence that needs to be submitted to prove the rule is met.

After the evidence is prepared, the next step is to work out when you can apply. This is generally no more than 28 days after the qualification period ends. The qualification period is different for each application and is based on a person’s financial position. Those who are employed or reliant on savings will generally rely on an unbroken period of 6 months and then have 28 days from the end of that to submit an application. It is slightly more flexible for those who are self employed. They have to show qualification over their latest financial year and then have up to the start of their next financial year to submit the application.

The submission itself is done is two parts. The first is submission of the online form. The second is the booking of a biometrics appointment and submission of documents. All of this has not changed throughout the pandemic.

What has changed as a result of the pandemic first, and now due to the Ukraine crisis, is the time the Home Office is taking to make a decision on applications. What used to be 12 weeks under the standard service is now taking up to 24 weeks for a decision – yes doubled! And there are no priority appointments available for family visas which would have reduced the waiting period down to 30 working days.

The delays in decision making are understandably causing stress and separation anxiety amongst some families. With the travel restrictions now lifted, it does mean that a UK-based partner can go and visit their loved ones to abridge the gap, but it is far from ideal. More than before, it is therefore crucial to make an application that ticks all the boxes as a refusal after waiting a long time will be an expensive and draining fix.

In country applications

Those already in the UK and switching to the family route in country have it a little easier. They are generally not required to leave the country which means they get to spend time with their loved ones whilst the application is being considered.

Timescales are also faster for those switching in country under the 5 year route: 8 weeks according to the government guidelines and personal experience when applying for clients. Those who are on the 10 year route however may experience delays of up to 11 months. Priority service is temporarily suspended for both route types.

Travel

There are no more travel prohibitions, red lists and expensive hotel stays. We are definitely closer to normality now than in the last 28 months. So once the visa is granted abroad, an applicant can simply book their travel and enter the UK. They will be given a vignette (initial period of a visa inside their passport) for a period of 3 months and once they arrive to the UK, they can pick up their Biometric Residence Permit which will confirm the full visa duration.

Those who have applied for extensions in country are advised to not travel since it will cancel their application. If an emergency arises, every effort should be made to outline this to the Home Office to try and seek an expedited decision before travelling.

Nationality

Those who were granted the initial entry clearance on the 5 year route, and extended under the same route, with the same partner, can apply for settlement at the end of the 5 year period. After they obtain settlement (also known as indefinite leave to remain), they can apply for British citizenship (Scottish citizenship does not exist).

The waiting timescales for nationality applications used to be up to 6 months and now it is taking longer in most cases. Unless there is an urgent reason to seek an update, it is generally advisable not to contact the Home Office as this will further impact their resources. Travel whilst a citizenship application is pending is not prohibited, which ends this blog on a very sweet note!

For advice regarding your specific situation, please do not hesitate to get in touch.

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