Dec 07 2022
UK Immigration
In our video, Denise Osterwald, a Senior Solicitor, and Lisa Uttley, a Solicitor in Gherson’s immigration team, talk about some of the visa categories which are experiencing significant delays, and if there is anything that can be done about it.
We understand from the UK Home Office that they are prioritising visa applications from Ukrainian nationals and have diverted resources to this area to process them as quickly as possible. In addition, with Covid travel restrictions now largely abandoned in most countries, many people are picking up their visit and relocation plans where they left off when the pandemic hit. There is, therefore, a general increase in UK visa applications across the board.
The family visa category has been hit particularly hard. Entry clearance applications from outside can take up to 6 months from the date of the applicant’s biometrics appointment to be processed. Previously, it was 3 months. Extensions or switches inside the UK can take up to 8 weeks, sometimes longer.
Applicants cannot travel to the UK or leave the UK once their visa applications have been submitted. The Immigration Rules suggest that when someone enters the UK under another visa category, such as a visitor, for example, once an application has been submitted outside of the UK, that original application will be considered withdrawn. Applications will also be withdrawn if the applicant leaves the UK, or the Common Travel Area, after they have submitted their application in the UK.
Skilled Worker visa applications submitted from outside the UK should be processed within 3 weeks. Extension applications or switches from inside the UK can currently take up to 16 weeks, usually they take about 8 weeks. Recently, the Home Office has confirmed that they now expect entry clearance applications to take about 11 weeks, down from 16.
We have seen an increase in the time it takes the UK authorities to generate and send BRPs. The Home Office advises for applicants to get in touch with the courier in the first instance to find out where the BRP is, but only if more than 10 working days have elapsed. If the courier cannot help, applicants will need to contact the Home Office via their website.
Many countries around the world, as well as the UK, have an expedited service, or even a super-expedited service. Unfortunately, most of these services have been suspended for the last few months due to the situation in the Ukraine. They are starting to become available again here and there, but unfortunately not in an organised fashion just yet. It is a matter of submitting the application and seeing which expedited services, if any, are available at the time.
Gherson’s Immigration Team is highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.
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 do not 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 2022
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