UKBA backlogs: Inspectors find thousands of new cases

 

John Vine, chief inspector of immigration: "The agency is bedevilled with paper"

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Immigration inspectors have discovered more UK Border Agency (UKBA) backlogs, totalling more than 16,000 cases.

The chief inspector of immigration said the latest backlogs, relating to requests to settle through marriage, were "unacceptable".

The backlogs included people waiting a decade to hear if their partner had permission to live in the UK.

Immigration Minister Mark Harper denied the Border Agency was a "shambles", and said managers were "getting a grip".

The marriage or civil partnership-related backlog is thought to be the 10th category of unresolved cases that has emerged in the past two years.

Inspectors looked at how well the agency was handling applications from people from outside the European Economic Area who have a partner already in the country, such as a husband or wife who is British.

THE UKBA BACKLOGS

Graphic showing the size of the backlog against the total number of immigration cases.
  • Live asylum cases: 25,500
  • Asylum controlled archive: 74,000
  • Live immigration cases: 3,500
  • Immigration controlled archive: 21,000
  • Migration Refusal Pool: 174,057
  • Ex-Foreign National Offenders living in the community: 3,954
  • Ex-Foreign National Offenders untraced: 53
  • Student visa checks backlog: Unknown number
  • Rejected Spousal application seeking reconsideration: 14,000
  • Temporary migrants including marriage applicants: 2,100 (now closed)
  • Total: 316,000

Sources: Home Affairs Committee and inspection reports, Home Office

John Vine, the independent chief inspector of borders and immigration, said the majority of decisions were reasonable and caseworkers checked whether applicants were known criminals.

But he said his team had found a backlog of 14,000 cases where the UKBA failed to deal with requests to reconsider decisions after an initial rejection.

When inspectors visited a UKBA office in Sheffield they found a further backlog of 2,100 "complex" temporary migration cases. These included 180 marriage entry or settlement applications which had not received an initial decision. Some dated back to 2003.

One inspector said the unresolved applications had been effectively "dumped" on the Sheffield team after being transferred in a box from the UKBA's Croydon offices. Officials have since dealt with these cases.

At the time of the inspection last year, the marriage-related backlog was growing at a rate of 700 cases a month. Caseworkers told inspectors they could not deal with them until they had received new policy guidance.

However, a senior manager told inspectors that agency chiefs were unaware that these cases were not being dealt with and staff could make decisions without waiting for new policy.

'Not acceptable'

Mr Vine said: "I don't think I should be discovering these backlogs. The agency should know about its workload. It should prioritise its resources and, at the very least, have a plan to deal with some of the things that we come across in inspection.

"For people to be in such a backlog of cases is not acceptable and I urge the agency to deal with the cases swiftly. To wait such a long time, even if your case is complex, is completely outside any service standards."

Case study

Gerard Hearne, from Rotherham, has been trying to bring his Thai wife to the UK since last year.

"We got married in early February out there. I came back after two weeks, I had to get back to the UK," he says.

"I kept thinking... two months, three months, she'll have her visa.

"When she was turned down in October and I organised the appeal, I went out there in late November.

"I went to spend a month with her and I naively thought that by having sent the appeal into Leicester that that would be forwarded to Bangkok, they would quickly check it through, 'say yes, ok'.

"And I, naively, thought my wife would be coming back to me for Christmas on 22 December.

"As the month went on it became apparent that that was never going to happen. I did actually ring the embassy at one point to say 'have you got the documentation?'

"I just try and get through each day. Some days are better than others. Some days I feel reasonable ok and other days I feel so low, so down. It's difficult to know how to keep going. "

The immigration minister said: "We inherited an agency which had a lot of problems, we've got a new management team to deal with it. They're getting a grip and dealing with it."

Mr Harper said 14,000 of the cases "weren't people waiting for a decision", but people "who didn't like the decision and didn't go through the proper appeal mechanism".

"And what the Border Agency should have said in the past, it should have said 'no, there's an appeal process, if you don't like the decision, appeal'," he told BBC Radio 4's Today Programme.

"But it didn't do that, it kind of accepted these requests [and] didn't have a process to deal with them.

"We have now got a clear policy, published, about how we deal with those - which is people should appeal properly and those people who have been refused are not allowed to stay here. Should leave the country and we will be taking steps to make sure that they do."

Lin Homer, who headed the Border and Immigration Agency and later the UK Border Agency, between 2005 and 2010, is currently chief executive of HM Revenue and Customs.

Chart showing the number of spouses and civil partners granted leave to remain in the UK since
 

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  • rate this
    +21

    Comment number 393.

    I'm an American citizen, married to a British citizen and mother to a one year old new British citizen. I've worked here full-time since arriving here, paying full income tax. I've waited nearly 6 months for the UKBA to process my application (they processed my £900 fee immediately). I cannot travel for work when my work depends on it, and can't see my family, with no recourse. It's a disgrace.

  • rate this
    +4

    Comment number 376.

    It's been ridiculous...I know so many people, including myself who have been waiting for more than 6 months. We are stressed everyday; We feel hopeless; We cannot go anywhere, even when family are sick or dying. Everything is in dark. We don't know what is going on. On their website, they still claim they will solve 99% cases within 6 months. Is it a joke? Sorry, I didn't get it.

  • rate this
    +7

    Comment number 355.

    I have been married to my Nepali wife for over two years while living in Nepal and it took 5 weeks for the visa office in New Delhi to give her a visa to come here with me. We applied for an extension 5 months ago been told we dont need Bio metrics then sent the forms for Bio metrics and have heard nothing since.
    In any private business people would lose their jobs over such a bad service.

  • rate this
    +11

    Comment number 277.

    My partner, a non-EU immigrant, took a few days to get her Visa to come to the UK. When in the UK her Visa renewal took over one year! And that was after pleading for a response so she enrol for her next course.
    If coming into the country takes a few days, then why does it take a year to gain permission to stay? It should be the other way around.

  • rate this
    +9

    Comment number 128.

    My wife is Spanish and I'm Canadian. We lived and Spain and before moving here, I went through a rigorous application process in UKBA's Madrid office. Apparently you can only get an entry stamp that's valid for 6 months from there. I submitted the exact same application here (for a 5 year permit) and have been waiting for almost 6 months now for my response!

 

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