Waiting for a decision on your UK visa or immigration application can be a stressful and frustrating experience. Whether you’ve applied for a work visa, family reunion, or residency permit, long delays without any updates can leave you feeling stranded. Fortunately, there are steps you can take to follow up on your application and seek answers. In this article, we’ll walk you through several key strategies, from contacting UK Visas and Immigration (UKVI) directly to more formal processes like engaging your local MP or initiating a Judicial Review.
While these actions can be pursued independently, the process can be complex and time-consuming. Working with an experienced immigration lawyer can significantly streamline the experience, helping you navigate the legal intricacies and increase your chances of a favourable outcome.
So, let’s get started.
Contacting UK Visas and Immigration (UKVI)
If your visa application is delayed and you haven’t heard anything then the first step is to contact UKVI for an update. They may be able to explain the reason for the delay and advise if there are any actions you can take to speed up the process. You can contact the UKVI here.
When you contact UKVI, make sure you have all the necessary information handy. This would include your visa application number, the date you applied, when you enrolled your biometrics, and the expected processing times you were told. Make sure to keep a note of the date of each call to UKVI, the name of the person you spoke to, and the ticket number (if the communication was via email).
During this call, you will want to explain clearly why this delay is affecting you – this might be work disruptions, financial hardship, or separation from your family.
If it’s appropriate, you can ask for your case to be escalated. Also note that if you paid for a priority service, you can request a refund if the delay was not resolved within the promised timeframe.
Let’s now look at what happens if you need to escalate your case further and file a complaint about the UKVI.
Complain about the UKVI
If you need to file a complaint about the service or professional conduct you received from the UKVI you can do so here. The incident must have occurred within the last three months, unless exceptional circumstances prevented you from filing the complaint within that timeframe. You will usually get a response within 20 days unless the complaint is of a very serious nature.
As I have mentioned, it’s good practice to always keep a record of your interactions with the UKVI as you will need the following information when you make contact:
Contact details.
Home Office reference numbers.
Name of applicant/complainant (if you’re completing this on behalf of someone else).
Details of your complaint: times, dates, locations, previous communications, and evidence/papers to support your claim.
Names or IDs of staff you’ve dealt with previously.
Details of any witnesses (if appropriate).
Contact your local MP
If you have still not got a response following the steps outlined above, you may consider asking your MP to intervene on your behalf. You can find your MP here and you can contact them via letter or email.
When you write to them, ensure to give a clear step-by-step timeline of your case, along with all details which will help the MP understand your situation and hopefully advocate on your behalf.
Make a complaint to the Parliamentary and Health Service Ombudsman
If you have been unsuccessful with your own efforts and your MP has been unable to help, you may wish to ask your MP to refer your complaint to the Parliamentary and Health Service Ombudsman. This service is free, but it can only be done if you have already utilised UKVI’s complaints procedure and waited the set time (of 20 days for most complaints) and not received an answer.
Pre-action protocol letter
If you have completed all of the above steps, you may consider seeking advice about taking legal action against the Home Office. As a matter of law, you are only able to take legal action against the Home Office as a last resort.
To do this, you need to file a pre-action protocol letter (PAP) on the Home Office. It is crucial that you engage an immigration lawyer at this point who can guide you through the process and advise on whether they feel this is the best process for you at this point.
Broadly speaking, you would need to show that the delay has caused serious problems, such as losing a job or harm to your health. You would need evidence to support any kind of claim. If you don’t hear back from the Home Office within 14 days of receiving the PAP, you will be able to lodge a judicial review with the High Court.
Judicial review
Judicial review is a matter of last resort. It is a costly, complex and time-consuming process that involves challenging the Home Office’s delay before a judge. Before commencing proceedings, it is advisable to obtain legal advice on the merits of going down this road.
Conclusion
It’s important to note that generally delays are not considered by the Home Office to be ‘maladministration’ and so you are unlikely to get financial compensation for the delay. On occasion, the Home Office does sometimes make ex-gratia payments where the individual has suffered actual financial loss (or non-financial loss) that is sufficiently compelling to warrant financial redress.
In all cases, chasing a delayed immigration decision can be frustrating, but taking proactive steps can help you regain some control over the process. Whether that’s contacting UKVI, involving your local MP, or filing a formal complaint, each action hopefully brings you closer to a resolution.
As I’ve outlined, navigating all this can be complex, and working with an experienced immigration lawyer can make a significant difference. At YI Solutions we can help you avoid common pitfalls, ensure your communications are effective, and guide you through formal procedures if needed. With the right approach, you’ll be better prepared to address delays and move forward with your immigration plans. Contact us for a free consultation today.
