ArthurBrit

I think this is it...
"Immigration status requirements
E-LTRP.2.1. The applicant must not be in the UK-

1. (a) as a visitor; or
2. (b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings

E-LTRP.2.2. The applicant must not be in the UK –

1. (a) on immigration bail, unless:
   1. (i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
   2. (ii) paragraph EX.1. applies; or
2. (b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies."

BritInParis

Your wife is applying for Leave to Enter as a Spouse which cannot be granted if she has already been granted Leave to Enter as a Visitor. The regulations you have quoted refer to the regulation which prevents an applicant from switching to a spouse visa whilst in the UK as a visitor.

Sir Spangle

Can you share where you read it was now a 16-26 week timeline? I'd like to know more on this.

ArthurBrit

It's was from this forum and not from an official source.

tasneempithawala

Hello everyone!
I am in the same boat as you guys. I have applied for spouse visa the initial application outside of the uk. I am currently in the 17 week mark. I got the same delay email from the ukvi saying that they will delay the application. I am waiting since December. How long is it you guys are waiting? Did you guys get any updates on our applications?

Sir Spangle

Wow, 17 weeks is not good! We are almost at the 13 week mark. Sounds like you are worst hit right now and we'll need to keep an eye on your timeline for guidance. Best of luck.

Glendarino

We’re just behind you starting week 16 I think it is. Applied near Xmas, and biometrics stuff was 6th January at Ottawa. All the usual delay rubbish at the moment. It’s a joke!

christmasoompa

Probably not much consolation, but every country is similar at the moment with the Covid backlog and the Ukraine situation. If you were doing it the other way around, you'd be looking at approx 20 months for a Canadian spousal visa, so the UK is still far quicker than other countries.

Good luck, I hope you get the visa approved soon.

tasneempithawala

Just emailed them today and the ukvi says no timescale can be provided. Still awaiting a decision!
hope and pray for everyone waiting. Will keep updating as soon as I hear anything from them.

Sir Spangle

Good luck everyone. Hopefully we're all contributing to the timelines thread. UK Spouse Visa STRICTLY TIMELINES ONLY - NO CHAT

If you do finally get an approval, please let everyone know, we need the hope!

ArthurBrit

My wife attended the biometrics appointment today (VFS, Edmonton, Canada) and was told that 3 months is still the typical processing time.

She was also told that she could visit the UK during the application and that if/when the visa was approved she would be asked via email to provide the VFS office with her passport and a Canadian mailing address. They would then mail the passport c/w vignette to the Canadian address who could subsequently mail in to her in the UK.

This was through text so I haven't directly spoken to my wife yet to clarify whether this came from the office directly or whether my wife led with this information.

Either way if it the process happens within the quoted 3 months my wife would still be in Canada regardless, after 3 months she will at some point become homeless in Canada as our house sale should be complete around that time. We'll have to decide whether to keep her in Canada somewhere like an Airbnb or bring her to the UK early. I will clarify this with my wife via a phone call later to know exactly how that conversation went.

Sir Spangle

I'm guessing they're not in the loop with how backlogged things are in the UK.

It'd be great if she could keep her passport, that would've solved our problems entirely, but that just doesn't sound right. In the US you have to send in your passport with all other support documentation. Canada different?

I came to the UK around 8 - 9 week mark early and expected my wife to soon follow. It's looking like I'll be returning to be with her, and just wait it out there, she cannot travel anywhere without her passport.

ArthurBrit

There was a fee in order for her to keep the passport. From the text message my wife sent me it insinuated that because Canadians do not need a visa to enter the UK then it doesn't compromise the issuing of a new visa whilst she's in the UK as a tourist.

Sir Spangle

Interesting. Maybe it's a Commonwealth country thing? US citizens do not need a visa either (tourists can stay for 6 months without one) but there was no option to keep her passport as far as I'm aware. Be gutted if we missed that.

ArthurBrit