To be furious at British Immigration, though it gets me nowhere and I should just suck it up?

[IceLollyMolly]

My first post ever, though I have been lurking for a while. Please let me vent here; I have no where else to vent.

I am not British and neither is DH. We are both foreigners working in the UK on Tier 2 Skilled Worker visas. Been here for 3 years, and our visas expired in February. We both applied for priority renewals on February 1st, sponsored by our employers ( who also paid for the whopping priority fees). We were told we would get our renewed visas back in a week or 10 days. Our documents were in order. It's now been over 3 months, and we haven't got our visas.

Until we get our new BRPs, we cannot leave the country. In the meantime, DH's dad had a stroke in our home country in March. We could not visit. DH had a lad's holiday planned for May. He cannot go. We have an agent for this ( think Big 4 consultant) and she tried following up with Immigration. Got the response that our documents are in order but their IT systems have not been working. For over 3 months?

I feel terribly sorry for DH's dad and incredibly stuck. We were lucky that DH's sister was able to step in to help him. I also feel completely furious and trapped here. There is no word on when we might get the visas, so our summer travel plans are stymied too. Both our families are in another country and this brings back horrible memories of the pandemic when we could not visit.

I know that I just need to accept that this is how it is and suck it up. I am really tired though of the way things have more or less stopped functioning. I cannot wait until we get ILR ( still 2 years to go).

That's disgusting OP, you have every right to be furious. I'd be kicking up a massive fuss if I was you. Write to your local MP and get as many friends as you can to do the same on your behalf.

Brexit innit.
Factor in how many people didn't need any permits/visas/paperwork until a couple of years ago and now do. Then see how many more staff the immigration service has employed to cover this increase in that time.
Then you'll see why you're having to wait.
Why can't you travel out of the country? That's not dependent on your visa status? If they still have your travel documents ring and explain the emergency with your husband's father. You can have his passport sent back immediately so he can travel. Happens every day.

@HicLocusEst I suspect travelling out isn't the problem. It's coming back.

On re-entry he could just show the paperwork to prove he's got an application pending.

And risk a lot of hassle at the minimum. There is the risk.that he wouldn't be allowed to board a plane to come home if the check in staff are not convinced.

@HicLocusEst immigration might still have their physical passports (they held onto mine for ages when I applied for naturalisation). Also, I know someone who had a visa renewal pending and was sent to Oslo on a business trip - he wasn't even outside the time of his original visa when he left, and when he returned he had all the paperwork showing he had his renewal pending and they wouldn't let him in when he landed at Gatwick. He had to go back to Oslo for 8 weeks, it was a complete nightmare. So you really can't risk it.

Sorry yes, the travelling out isn't the problem. It's the re-entry. We have our passports, but we haven't got the BRPs and we have been specifically told by our consultant to not travel until we get them. We are Asian and from a country whose citizens do not get automatic tourist visas anywhere. All visas are incredibly tough for us, and we have had unpleasant questioning from immigration in the past, hence playing it very safe.

I could raise it with my MP and on Twitter. DH has urged me to wait a bit though. He's quite cautious and doesn't like to make a fuss.

I guess this is the pandemic fallout.

I don't think its unusual to Britain. My sister lived in the USA for a few years, and I remember her being trapped there one summer due to visa renewal issues. They owned a home in the USA, so couldn't risk not being allowed back in.

I feel for you. We went through the process with my OH. Definitely contact your MP, they can help massively. We used the forum immigrationboards when going through the various visa renewals etc. and they were much more helpful than OH’s Big4 immigration consultants, so maybe post on there if you haven’t already for some advice and to see if many others are facing the same delay - the computer system issue sounds suspect…. I imagine had thousands been held up by that there would be wider reports of it

Agreed with this here. I’ve heard the same.

I also used to work for an immigration lawyer on the secretarial side and say 10 years ago things were much simpler (pre Brexit) then with eg Home Office but now I imagine there are huge delays. Hopefully your MP can help though so do write to them. I’d mention to your DH not to be cautious about this as it’s a necessity for you both to be able to re-enter UK unless he wants to take the risk of being stuck abroad whether that’s in your home country or another one (for his lads holiday).

@IceLollyMolly

This doesn't sound quite right.

To be eligible from a T2/Tier 2 skilled worker to get ILR, you have to have been in the UK for 5 years, so 3 years won't be accepted?

It also states on the UK Gov home page that it takes 6 months to apply and get approved and that you cannot travel outside the UK in the time you've applied.

You also have to have completed your citizen tests and all the other bits and pieces.

I'm not saying the system is great or that I agree with it but the guidelines are quite clear.

https://www.gov.uk/indefinite-leave-to-remain-tier-2-t2-skilled-worker-visa

@Howinteresting they're not applying for ILR (it's in the last line of the OP). They're just renewing their Tier 2 Skilled Worker visas.

It’s not just the UK it’s any country that requires workers to have a visa

and why wait til Feb 1st? Couldn’t you have done it earlier?

Thanks for the responses. Yes @Howinteresting we are not applying for ILR. Still two more years to go for that. I just was saying I will be glad to get it ( if it happens).

@rooinspace that is a very useful link, thank you. Will go on that board.

@GonnaGetGoingReturns we are absolutely not leaving the country until we hear more or get our BRPs. Not going to take the chance of getting stuck. Luckily for us, DH didn't actually make bookings for his trip away. Was just making tentative plans.

The British immigration service isn't the best anyway. Don't get me started on the home office. I'm an immigrant from Europe, but due to having a British father, I've had a British passport since the age of 16. I also have a passport from my home country, so dual nationality.

That's why I didn't have to apply for the European settlement scheme.

At some point, I got a letter from the home office in the post that I should apply for the European settlement scheme immediately, otherwise I would lose my right to work in the UK, lose access to the NHS and basically be arrested for deportation.

I was then in a telephone queue for 2 hours to the home office until they finally picked up the phone and marked on my file that I have British nationality.

They didn't ask for any evidence that I have a British passport, just took my word for it. Which surprised me, after the harsh letter I received.

I wouldn't think it's the pandemic fall out. Passport times are back to normal so no reason why the Home Office hasn't got the UKVI under control. Maybe it is computer problems. It wouldn't surprise me after all the nhs hacking hoohaa, but it really isn't good enough. I'm so sorry about your DH's dad. I hope he gets to see him soon.

He could show them that, sure. Wouldn't make any difference though, he wouldn't be allowed in.

Your name would have been cross-referenced from your passport application. Your passport application would, in turn, hold the information that you're British by descent from your father. As you hold the passport, which came from the Home Office, they wouldn't need you to prove it iyswim? Because they issued it (Immigration, Nationality, Passports, all part of the same HO department) Had you not had a BC passport, they'd have asked you to send in evidence (b-cert) of your British Citizenship through your father. @hotpotlover
As you say, sending you the original letter was a mistake though.

Extenuating circumstances (sickness of relative abroad) would allow him to travel while renewal application is pending.

The home office are hopeless and so expensive compared to almost everywhere else. The way they make you enter your credit card details just to email a query about an application is insanely tight fisted. I will need to give up my British citizenship soon, but I'm testified of what's going to happen with regard to visiting elderly parents. I guess as an ex citizen I'm going to be treated as a traitor and automatically go to the bottom of every pile. I really feel for you. Is there any way to transfer to an EU office with better visa processing for the future?

The British Immigration system is a farce and made difficult on purpose. The irony is that they outsource a lot of the visa application administration to overseas companies....

You have my sympathies OP and I would def be chasing your local MP.

Perhaps in theory. But in reality, he would not be getting entry at the border.

Yes he would.

Why did you wait until February to send the renewals? You can apply up to 60 days before the expiry. Everything on the Gov website says over 8 weeks for a decision.

I have no advice, but I'm very sorry the UK is set up in such a way that you have to navigate this shit like a labyrinth.