Thursday, 15, December, 2022by Caitlin Perring
In the wake of widespread delays attributed to the Covid-19 pandemic, and thereafter the war in Ukraine, UK Visas and Immigration (UKVI) has recently updated communications in relation to the current average processing times for a number of visa applications, with a recent announcement stating the service is'currently experiencing high global demand meaning in some cases, it may take longer to process visa applications'.In light of recent updates, this blog will consider the recent trends we are seeing in processing times on the ground.
At the outset, it is worth making clear the distinction between the service standards published by UKVI and the average processing times for specific visa routes at any given time. The latter is often updated on the UK government website. Notably, these standards do not provide any guarantee that an application will be decided within the published timeframe. The events of recent years have caused the average processing times to stray significantly from the published service standards and our general advice to clients is to expect delays. In the case of more complex applications, such as applications made based on the applicant’s private life in the UK, there is no published service standard and such applicants must rely upon updates on average processing times.
Processing times for visa applications also vary between those submitted overseas and those submitted from within the UK. Other factors likely to impact the time taken include the personal circ*mstances of the applicant, the complexity of the application, whether any issues arise with the supporting documents submitted with an application, and the country from which the application is submitted.
Out-of-country applications
UKVI states that for out-of-country visa applications that have been submitted online, the processing time only starts when the applicant either attends an appointment to enrol biometric information at a visa application centre, or verifies their identity using the UK Immigration: ID app – not the date of application. The processing time continues to run until the applicant receives an email containing the decision on their application.
Overall, we are starting to see processing times for out-of-country applications decrease. In particular, UKVI has recently confirmed that the majority of work and study visas submitted overseas are now being processed within service standards. This means that the majority of the sponsored and non-sponsored work routes ought to now be decided within 3 weeks. We understand that applications for student and child student visas are also being processed within this timeframe.
In the case of family applications such as spouse/partner visas, applicants are continuing to experience waits significantly longer than the usual service standard of 12 weeks. The Home Office advises that this is wholly due to the prioritisation of applicants made by those fleeing the war in Ukraine. Unfortunately, the most recent update from UKVI confirms that applicants could continue to expect a waiting time of up to 26 weeks for out-of-country family applications. We have recently seen a handful of cases where the processing time for family applications has been closer to 21 weeks, however, the Home Office update seems to suggest that the quicker decisions we have seen on these types of applications of late were more likely to be exceptional rather than standard.
Better news from the Home Office’s most recent update is that the processing times for applications for out of country visit visas, transit visas and short-term study visas are starting to come down, with these visas now taking an average of 4 weeks to process. This is with the caveat that some visit visa applications may take longer. This is an improvement from the previous 6 week average, with the Home Office stating that they are ‘working hard to process applications to get back to the 3 week service standard’.
These processing times do not account for the time it takes for a successful applicant to receive an entry clearance vignette or, in some circ*mstances, an online immigration status, to allow them to enter the UK. Applicants must therefore factor this in when planning travel to the UK.
The ability to pay for a faster decision on an out-of-country application has been gradually re-introduced for some visa routes, having been suspended during the Covid-19 pandemic and, latterly, in response to the prioritisation of applications made from those fleeing the war in Ukraine. However, there continues to be no priority service available on all out-of-country family visa applications.
In-country applications
The waiting time for most in-country applications starts when an applicant submits their application online, as opposed to when their biometric information is enrolled at a centre run by the Home Office commercial partner, UKVCAS Sopra Steria. The processing time finishes when an applicant receives their decision.
The published service standard for most applications for limited leave to remain made within the UK is 8 weeks, including spouse/partner visas. This does not include applications for the Hong Kong British National (Overseas) visa, which has a processing time of 12 weeks. Notably, this also does not include applications made on a 10 year route to settlement on the grounds of private/family life, or on the 5 year parent route to settlement, for which standard processing times are not published and for which the average time for a decision is currently 11 months. Despite the 8 week target, we continue to see some occasional delays in the processing of straightforward extension applications as well as delays in work visas.
A UKVI update of 12thDecember 2022 states that the processing time to extend or switch a Skilled Worker visa are now taking 9 weeks to process, with Health and Care Worker visas now, on average, taking 3 weeks to process. The update goes on to state that UKVI is aiming to bring processing times for these visas back within service standards by the end of this year. It appears that, at present, these delays are not impacting decision-making times on other work routes which are currently being processed within 8 weeks.
Those applying for indefinite leave to remain in the UK (settlement) will note that the processing time for these applications, regardless of the visa route they are applying from, will always take up to 6 months unless the applicant pays for a faster decision as outlined below.
Applicants for some in-country visa applications have the option of paying an additional fee to receive a quicker decision. This is particularly attractive to applicants seeking to travel sooner than they expect to receive a decision under standard processing times. The first option is the ‘priority service’, which costs an additional £500 per applicant for a decision within 5 working days from enrolling biometrics at a UKVCAS centre, or using the UK Immigration: ID Check app. The second option is the ‘super priority service’, which costs an additional £800 per applicant for a decision within 1 working day from enrolling biometrics at a UKVCAS centre. Neither option is guaranteed, as there are limits to how many people can use each service, and not all visa types are eligible.
The waiting times outlined above for in-country applications do not include the time it takes for a successful applicant to be issued with a Biometric Residence Permit (BRP). The Home Office aims to deliver BRPs within 7 to 10 working days of the decision being issued.
What to do in the event of a delay
As we have outlined in this blog, there are a number of reasons why a decision may take longer than the published service standard. Nevertheless, delays can have a significant negative impact on applicants, especially where there is a need to travel abroad or compelling circ*mstances.
If you are seeking advice or assistance with a visa application, please do not hesitate toget in touch. Our experienced team of solicitors are well-placed to guide you through the process and offer tailored advice in light of any timing concerns you may have.
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