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Status Change in country of processing
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m0nkey View Drop Down
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    Posted: 23 Jun 2012 at 12:40pm
I have a few questions regarding a sponsorship application, and was hoping some of you would be able to provide your thoughts and experiences related to this matter.

My fiance and I are planning on getting married by the end of the summer. She currently lives in the UK and is on a student visa. She has been in the UK for 3 years and has about a year and a half left on her student visa. 

My questions are:

1. What happens if her visa expires before a PR is issued from the London office? Does the application automatically get cancelled? 

2. If she's called for an interview after she has left, and is able to get a visitor visa to the UK, can she meet the officer in the London office as a visitor, or will that raise some issues because her status has changed and is no longer residing in the UK?

3. Is it possible to transfer it to another office depending on wherever she will be?

4. If it is possible to transfer the file, where does it stand in-terms of the que at the new local CIC office?

I'm trying to gauge the change in processing times assuming a PR isn't issued before she's meant to leave the UK after she finishes her studies. 

Thanks in advance guys, looking forward to your responses. 
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computergeek View Drop Down
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Points: 573 		Post Options Post Options   Thanks (0) Thanks(0)   Quote computergeek Quote  Post ReplyReply Direct Link To This Post Posted: 23 Jun 2012 at 2:36pm
London currently lists a 7 month time to complete 80% of applications.  Combined with the ~3 months for first stage means that it is very likely the whole application process would be done in 10 months, well before her student visa expired.

If they do require an interview and it is after she is no longer in the UK, and is unable to obtain a visitor visa she would have to request a change in visa office processing her application (due to her inability to re-enter the UK).

So, it seems as if you are concerned about a very unlikely situation: an application that requires an interview (reasonably rare), assumption that she cannot obtain a visitor visa (which itself isn't that likely given she's previously been admitted and respected the restrictions of her previous entry) and all of this takes many months longer than the expected time for 80% of applications (~10 months total).

Of course, with immigration nothing is guaranteed, but it is challenging to plan for unlikely peculiar outcomes precisely because there's so little experience with such situations.

OP 1 Section 5.17 actually addresses this situation:

Quote
However, if an office concludes that it cannot continue to process the application without
jeopardizing the integrity of the program, that office must notify the applicant that it cannot process the application and that the application will be transferred to the office that handles the new country of residence or nationality.


So, it means that her application would be transferred to the visa office for her home country if they required an interview and she could no longer enter the UK.  A file transfer requires treatment as of the date of receipt at the original office (this is in the same section, which stretches many pages.)
FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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