Visa Decision Delay: Important Aspects and a Real-Life Example
In this article, using one of our successful cases as an example, we would like to describe such a phenomenon as a visa decision delay and the important aspects that should be considered when applying.
Introduction
The UK has a huge variety of visa routes that are regulated by an equally vast immigration law system. At the same time, when submitting any application, there is no 100% certain timeframe that will take the decision-making process on this application. Of course, the Immigration Rules set approximate deadlines, for example, 8 weeks for Global Talent or six months for Settlement, however, this does not give any certainty that during the decision-making process the Home Office will not go beyond the scope and delay this process for certain reasons.
Reasons for Delays in Processing Visa Applications
Delays in processing visa applications by the Home Office can be caused by various factors. Here are the main ones:
- High Workload In peak periods, such as the summer months or before holidays, the number of applications increases significantly, which can lead to delays.
- Incomplete Documents If an application is submitted with an incomplete set of documents or additional information is required, this may slow down the process.
- Additional Checks In some cases, additional security checks or document authenticity checks may be required, which takes additional time.
- Application Errors Errors in completing the form or providing information may result in the application being returned for correction.
- Individual Circumstances The presence of complex circumstances, such as previous visa violations or special personal circumstances, may require more careful consideration.
- Changes in Legislation Changes in visa policy or rules can cause temporary delays while staff adapt to new requirements.
- Technical Problems Technical failures in the application submission or processing system can also cause delays.
The reasons for the delay can be very different and depend on the specific case and the Home Office decision. However, the most popular of them are considered to be “high complexity of the case” and “lack of documents”. In both cases, caseworkers making a visa decision often actively use their right to request additional information in the form of documents and no less often call applicants for an interview to conduct a formal interview to identify missing details.
How to Avoid Delays
Unfortunately, there are no 100% working methods to be sure in advance that your case will not be delayed. However, the best thing to do in this case is to contact experienced specialists who will help you properly prepare your case and provide all the necessary information when applying. Nevertheless, even in these cases, delays are possible, as was the case with our case.
Example of a Successful Case
In 2022, a client approached us for help in obtaining a private life visa in England. We prepared and organised all the necessary documents as soon as possible, providing the client with legal advice. All documents were submitted, the application was paid for, and the client submitted their biometric data. For this type of visa, the officially established timeframe is about 12 months. However, a year after submission, our clients still did not receive their decision.
The Home Office had technical problems, so they asked the clients to resubmit their biometric data. After the resubmission of the biometric data, the process was again delayed. After numerous complaints and emails asking to expedite the process, after 10 months our client was asked for additional information, which was provided within a few days of the request. In the end, we received the coveted positive decision, but the process took more than 2 years.
Conclusion
In case of any complications in your visa case, it is better to seek help from lawyers who, for example, will help you prepare for an interview, prepare additional documents or explain their absence. Contacting specialists, such as the Sterling Law team, can significantly increase your chances of a successful and timely consideration of your visa application, however, it is impossible to guarantee the absence of delays from the Home Office.
