Is It Possible To Get A Faster Decision On Your Visa Application Submitted Within The UK?

05 Mar 2021, 17 mins ago

On 19 February 2021, the Home Office published guidance setting out the visa decision waiting times for applications submitted inside the UK.

Anyone who has submitted a visa application within the last 12 months can understand the frustration of waiting weeks and months to receive a decision on an application. The COVID-19 pandemic, and the strains it has put on Home Office decision-making capacity, is the ostensible reason for these delays. Those applicants who are about to submit applications, or those with applications pending, will no doubt be wondering whether the Home Office can deliver on the timescales they have outlined.

Prior to the pandemic, the standard processing times for the majority of leave to remain applications was eight weeks and up to six months for Indefinite Leave to Remain. The newly published guidance suggests that the pre-pandemic standard processing times have been reinstated.

During the pandemic, priority and super-priority services, which provide an expedited decision within five working days or by next working day, respectively, were temporarily suspended. However, on 20 January 2021, Gherson noted that the optional priority and super-priority services had resumed, although the Home Office did not make any official announcement.

So who can take advantage of the expedited services?

The table below lists the visa holders who may be eligible to submit their applications on a priority or super priority basis:

Visa category  Priority basis (decision available within five working days) Super Priority basis (decision available by the end of the next working day)
Investor Yes No
Global Talent Yes Yes
Start-up Yes Yes
Innovator Yes Yes
Skilled Worker Yes Yes
Health and Care Worker Yes Yes
Intra-company transfer Yes Yes
Minister of Religion Yes Yes
Sportsperson Yes Yes
Student Yes Yes
Child Student Yes Yes
Temporary Worker – Charity Worker Yes Yes
Temporary Worker – Creative and Sporting Yes Yes
Temporary Worker – Government Authorised Exchange Yes Yes
Temporary Worker – International Agreement Worker Yes Yes
Temporary Worker – Religious Worker Yes Yes
Temporary Worker – Religious Worker visa (T5) Yes Yes
Temporary Worker – Seasonal Worker visa (T5) Yes Yes
Indefinite Leave to Remain on the basis of work, establishing a business or investing in the UK Yes Yes
Indefinite Leave to Remain on the basis of being a Dependant Child or Partner of a person who work, establish a business or invest in the UK Yes Yes
Dependant Child or Partner of a Skilled Worker, ICT, Student, Global Talent, Start Up or  Innovator Yes Yes
Dependant Child or Partner of a person who holds an Investor visa Yes No

What are the costs involved?

If you choose to opt for a priority service whereby a decision will be received within five working days of your biometrics appointment, you will need to pay an additional fee of £500.

If you wish to receive a decision by the end of the next working day after your biometrics appointment (if on a weekday) or two working days after your UKCAS appointment (if at the weekend), you will need to choose the super priority service at an extra cost of £800.

How does this impact you?

The pandemic has caused severe delays and a significant shortage of biometric enrolment appointments in the past few months at visa application centres throughout the UK.

Visa applicants are therefore advised to pay careful attention to the current processing timescales for their specific type of application, as these may take longer than they did pre-COVID-19.

If you have any questions or any doubts, please do not hesitate to contact us.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021