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Paul Richmond
Paul Richmond, Barrister
Category: UK Immigration Law
Satisfied Customers: 138
Experience:  LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
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My son , born Jan 1993, applied for Indefinite leave to remain

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My son , born Jan 1993, applied for Indefinite leave to remain on the basis of Long stay in the UK. I am sure he is eligible as per published criteria. The problem is that 7 months after receiving the application, the home office absolutely refuses to tell us at what stage the application is and when it is likely to be decided.
My son has lost valuable opportunities because his passport is with the home office.I am concerned that the Immoral attitude of home office in refusing to give us a time frame for their work will further jeopardize my son's educational aspirations. I think this is against human rights.
My question is, is there any scope in UK law to make home office behave in a more responsible way. What i want is a time frame in which the home office will decide on my son's application.
I and my wife will apply for ILR next May, on the basis of HSMP/Long stay.

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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Customer: replied 6 years ago.
Thanks for the answer.
My sons application is straight forward. He was a student at UK schools from 1999 to now with only short holidays abroad.
I and my wife are now eligible to apply for ILR on the basis of long residence but it can only be done by post.So we will be going for a same day service, next May, under the HSMP criteria. My son has the option of joining our application in May next.He is hoping to go to university in 2011 and he will have to accept offers by March next year.This is the reason he applied for ILR this year.It will be good if he can get ILR as soon as possible.
Given the above situation, please could you clarify;
*Time scale for judicial review process, if it comes to that.
*Approximate costs of a judicial review process.
Typically, a letter before claim gives the Home Office 14 days to reply with a decision. Once this period has expired you can lodge the JR application. You can expect a reply to the JR application within 28 days. If the application is contested then timing depends upon how busy the courts are. It could take several months to reach court but, as I say, it is rare for a delay JR to reach court because the HO will often concede and make a decision.

Legal aid is available for JR proceedings if your means qualify you. If not, private rates vary between legal representatives. Typically however you would be looking at several hundred pounds. There are also court fees. It costs £50 to lodge a JR claim.

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