KOL REQ, did you or did you not get it? And when, where (or why / why not)?

[wulanadian]

Hi all,

This is my first post to the forum.
I recently applied for a UK spouse visa specifically asking for KOL REQ endorsement. We have been married for over 5 years with 2 children (both kids are British).

In Jakarta, it normally takes over 6 weeks to process settlement visas.
In our case, after 2 weeks of submitting, we emailed the EC Manager that our application is Urgent - Compassionate (spouse got cancer and having treatment in London). Within a day after telling them about this, they issued me with a spouse visa but without KOL REQ endorsement.

Could this be because our application was 'urgent' that they didn't have time to consider KOL REQ? Or is KOL REQ discontinued already?

I would like to know who got issued KOL REQ, and when/where.
I got my spouse visa on the 28th of May 2012, without the KOL REQ endorsement.

[Joppa]

Originally Posted by wulanadian

Hi all,

This is my first post to the forum.
I recently applied for a UK spouse visa specifically asking for KOL REQ endorsement. We have been married for over 5 years with 2 children (both kids are British).

In Jakarta, it normally takes over 6 weeks to process settlement visas.
In our case, after 2 weeks of submitting, we emailed the EC Manager that our application is Urgent - Compassionate (spouse got cancer and having treatment in London). Within a day after telling them about this, they issued me with a spouse visa but without KOL REQ endorsement.

Could this be because our application was 'urgent' that they didn't have time to consider KOL REQ? Or is KOL REQ discontinued already?

I would like to know who got issued KOL REQ, and when/where.
I got my spouse visa on the 28th of May 2012, without the KOL REQ endorsement.

KOL REQ is discretionary, and UKBA seem to be exercising their option not to award it more than ever.
I suspect this is due to the forthcoming changes to rules for family migration route, when probationary period is to be extended from 2 to 5 years for everyone. Also there will be much higher maintenance requirement, if rumours turn out to be true, and those on 2-year probationary may be caught by the new rules before they can apply for ILR.
This is my take on the situation, but a general tightening up within existing rules has also been seen so not an isolated example.
There is nothing you can do. Complaining is no use as they are acting within their rights.

[wulanadian]

Originally Posted by Joppa

KOL REQ is discretionary, and UKBA seem to be exercising their option not to award it more than ever.
I suspect this is due to the forthcoming changes to rules for family migration route...

Thanks Joppa for answering,
I am aware of the forthcoming changes and wondered if it would affect my application. But I was NOT aware that Kol Req is discretionary.

Quoting from the Immigration Directorate Instructions Chapter 8, Section 1, Point 2.7:

... They will not need to complete two years probationary leave in this category in the UK before applying for indefinite leave.
These applicants should be issued with an entry clearance endorsed 'Settlement
Spouse/ CP (KOL REQ): 2 years: Code 1'.

I would've thought the word 'should' would make me somehow entitled to it. Especially that we have two young Brits.

My spouse got cancer, 5 years to wait for ILR seems like a lifetime. Gosh, looks like all hope is lost then. :'(

Thanks again. W.

[manny.j]

Originally Posted by wulanadian

Thanks Joppa for answering,
I am aware of the forthcoming changes and wondered if it would affect my application. But I was NOT aware that Kol Req is discretionary.

Quoting from the Immigration Directorate Instructions Chapter 8, Section 1, Point 2.7:


I would've thought the word 'should' would make me somehow entitled to it. Especially that we have two young Brits.

My spouse got cancer, 5 years to wait for ILR seems like a lifetime. Gosh, looks like all hope is lost then. :'(

Thanks again. W.

Sorry to hear about your spouse's cancer. I am aware how a few years, when someone is so seriously sick, can seem like a lifetime.

In regards to the immigration instructions you highlighted, the word 'should' is not 'must' and the former word can be interpreted as giving the UKBA agent right to decide whether to stamp the KOL REQ on the passport or not. Hence, what Joppa said is likely to be correct.

[BailyBanksBiddle]

Originally Posted by wulanadian

Thanks Joppa for answering,
I am aware of the forthcoming changes and wondered if it would affect my application. But I was NOT aware that Kol Req is discretionary.

Quoting from the Immigration Directorate Instructions Chapter 8, Section 1, Point 2.7:


I would've thought the word 'should' would make me somehow entitled to it. Especially that we have two young Brits.

My spouse got cancer, 5 years to wait for ILR seems like a lifetime. Gosh, looks like all hope is lost then. :'(

Thanks again. W.

Sorry to hear about your situation. But don't despair because nothing has yet changed, and we don't know what the changes will be. A lot can also change for the better in 5 years, don't give up.

[wulanadian]

Joppa and manny J.

What do you reckon the effect of complaining (or asking for a review) will be? Adverse? Would they go as far as cancelling my visa? I feel like I shouldn't take no for an answer - that I should ask 'why not'.

I mean, there's a reason that visa applications are considered by humans instead of computer or robots, right?

Say, the ECOs have been briefed to only grant KOL REQ with their utmost discretionary power, wouldn't one think that I deserve that discretion? We've been married for over 5 years with 2 kids. We never claim any benefits. My immigration history is squeaking clean: within the last 5 years I have been in and out of the UK 12 times, I've been granted 8 UK visas from 3 different countries (tourist, transit, family visit, EEA permit, and the last one being this spouse visa). And of course, we said, and they agreed, that our case has compassionate elements to it.

I am very upset and disappointed by this. If I could appeal, I would. W.

*Sorry, ranting here.

[wulanadian]

Originally Posted by BailyBanksBiddle

Sorry to hear about your situation. But don't despair because nothing has yet changed, and we don't know what the changes will be. A lot can also change for the better in 5 years, don't give up.

Thanks BailyBanksBiddle, all we are trying to do lately is not giving up. :-)
I think I will ask them why they didn't give me the endorsement. W.

[manny.j]

Originally Posted by wulanadian

Joppa and manny J.

What do you reckon the effect of complaining (or asking for a review) will be? Adverse? Would they go as far as cancelling my visa? I feel like I shouldn't take no for an answer - that I should ask 'why not'.

I mean, there's a reason that visa applications are considered by humans instead of computer or robots, right?

Say, the ECOs have been briefed to only grant KOL REQ with their utmost discretionary power, wouldn't one think that I deserve that discretion? We've been married for over 5 years with 2 kids. We never claim any benefits. My immigration history is squeaking clean: within the last 5 years I have been in and out of the UK 12 times, I've been granted 8 UK visas from 3 different countries (tourist, transit, family visit, EEA permit, and the last one being this spouse visa). And of course, we said, and they agreed, that our case has compassionate elements to it.

I am very upset and disappointed by this. If I could appeal, I would. W.

*Sorry, ranting here.

By complaining will not result in cancellation of the visa issued but it may be time consuming task. My impression was you wanted this visa urgently and if you and your spouse intend to leave for the UK soon then you will not have enough time to complain. I believe they went out of their way, for compassionate reasons, issuing you a visa within a day after you emailed the UKBA manager about your wife's health.

You may considering sending them an email but I doubt that much will come out it as they can state any reason they believe is appropriate for not issuing you with KOL REQ endorsement on the passport. If you do complain, keep it profession and calmly highlight reasons you believe you should get KOL REQ. As Joppa said, it is very likely that they are now using discretionary power now on issuing KOL REQ with the new rules to be announced reasonably soon, in fact I wont be surprised if they stopped issuing KOL REQ stamp entirely for sometime now.

[wulanadian]

Originally Posted by manny.j

By complaining will not result in cancellation of the visa issued but it may be time consuming task. My impression was you wanted this visa urgently and if you and your spouse intend to leave for the UK soon then you will not have enough time to complain...

You're right. We plan to travel to UK within a week. There may not be much point in asking for a review. Better focus our energy to something else.

Thanks everyone. :-)

[wulanadian]

This forum is a life saver - well, figuratively. There's still no cure to cancer.

I am in a terribly good mood.

After the disappointment of not being endorsed with KOL REQ, I immediately emailed the UK Visa Application Center, and wrote my first post here in this forum.
I got a reply from UK VAC that sounds like something they copied-and pasted from a guide book, and it did not even apply to our situation/query.

Feeling we were fighting a lost cause, we didn't chase it further and just let it be.

But then someone from this forum sent me a private message, encouraging me not to give up. This person even hinted that we may be able to raise the issue through our local MP in UK - if it comes to that. This has given us new spirit.

We then sent another email to UK VAC stating that their reply didn't apply, and told them why we well deserve that endorsement. Also, with the email, we 'asked' if it would be more appropriate to register the issue directly to UKBA in Croydon, or through our local MP in UK.

The response to our email was fantastic. The Entry Clearance Manager him self wrote to us the following morning. Apologising for the mistake. And he invited me to come to their office (this coming Tuesday) to have a new visa issued, this time with KOL REQ endorsement.

I may be the last person issued with KOL REQ, but it wouldn't have been the case if I hadn't I joined this forum. I thank this forum, everyone that replied to my post, and especially that person who wrote me a private message.

Lots of love to you all.
W.