UK Immigration Law
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Thank-you for your question. The UKBA aims to decide 95% of postal applications for settlement within six months. Your son's case has therefore already taXXXXX XXXXXer than most to determine. This usually happens when the case is complex and further enquiries are needed. This can arise in long residence applications because the UKBA has to run checks to see if the applicant has been continuously residing in the UK throughout the qualifying period. However, if you wish to obtain a decision on the application more promptly then there are a number of steps that you can go through. First, you can simply write to the Home Office and request that the case be expedited. Unfortunately the Home Office will only expedite the case if there are compassionate circumstances for doing so. If you have any compassionate circumstances then make sure that you include these in your letter. If you have tried writing to the Home Office on several occasions and this hasn't worked then the next step is to contact your local MP. They will write to the Home Office on your behalf and request an update on the progress of your case. Sometimes a letter from your MP can be enough to spur the Home Office into action. If the letter from the MP doesn't get a decision then you can write what is called a 'Letter before Claim' to the Home Office. This is a formal legal document that threatens the Home Office with judicial review proceedings in the High Court if they continue to fail to make a decision. You should seek legal advice before sending such a letter but quite often the service of such a letter is enough to persuade the Home Office to make a decision. If the 'Letter before Claim' does not prompt a decision then you can apply for judicial review of the failure of the Home Office to make a decision on the application. This involves an application in the High Court in which you seek an order from a High Court judge to compel the Home Office to make a decision. The application is based on the unreasonable delay on the part of the Home Office. Again, you should seek legal advice before submitting such an application but often the filing of a judicial review application is enough to persuade the Home Office to take a decision because the Home Office takes the view that it is easier and cheaper for them to simply make a decision rather than defend a case in the High Court.
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