Opinion on ILR application still awaiting consideration

[kamsi]

Hi esteemed members of this forum,

On 05/04/23 I applied for ILR under 10 years long residence and on 02/05/23 I enrolled my biometric following submission of that application. Having looked at this forum it appears that most people are having their ILR applications considered fairly quickly, at least way before the 6 months service standard. I am fully aware that no two applications are ever the same and each application is considered on its own merit.

As it is 4 months today since I submitted my application, I began to ponder why it is taking longer to consider. Due to the peculiarity of my case it could well be that the Caseworkers have to look at different Home office computer systems prior to considering my application. I don’t know, just speculating. I am pretty sure that I have clocked up 10 years long residence but wanted to seek a second opinion on that. I would be eternally grateful if the Moderators who have been extremely helpful in the past could have a look at my immigration timeline and tell me if I have had 10 years continuous residence.

I have been offered a place at University to study nursing which starts 01/09/23 and to be eligible for student funding it is mandatory that I am granted ILR before the start of the academic year which is 1st September. This is the more reason why I am really looking forward to getting a decision asap.

I have set out below my immigration history in the UK:

I entered the UK on 16/08/2003 as a visitor
On 28/05/2010 I applied for leave to remain as the partner of someone with ILR, the application was refused 2 months later. Immediately my then solicitor requested for the application to be reconsidered. The Home Office acknowledged via an email to reconsider the application in due course.
On 7/05/2013 I received a letter via my then solicitor informing me that the application had been reconsidered and I had been granted leave to remain under the new immigration rule (which came into force July 2012). The leave to remain was granted under the 10 year route to expire on 6/11/2015
On 22nd May 2014 I applied to switch into the 5 year route to settlement, this was granted on 24/06/2014 to expire on 24/12/2016.

My then wife and I began to have problems in our marriage, we continued to live together hoping that things would get better, though there was very little emotional connection. In the meantime I started a new relationship with someone else. Myself and my new partner had a baby in July 2016. My new partner and child are British citizens. We now have two children and have been living together since August 2016. At this point I told my then wife that I had started a new relationship with someone else and asked for a divorce. It was at this point that she informed the Home Office that the marriage had broken down and was no longer subsisting. The following month (13/09/2016) I received an email from the Home Office curtailing the leave to remain and brought forward its expiration date to 12/11/2016. I was advised by the Home Office to make a new application on or by 12/11/2016 or leave the country.

On 02/11/2016 I applied for leave to remain as the partner of a British citizen and father of a British citizen child. As I had not lived with my partner for up to 2 years I was granted leave outside the rule on the basis of being the father of a British citizen child on the 10 year route to settlement, granted 30/12/2016 until 30/06/2019.
On 24/05/2019 I applied for further leave to remain (extension), this was granted on 15/08/2019 until 14/02/2022.
On 18/01/2022 I applied for a fee waiver in preparation to making a further application for leave to remain. The fee waiver was partially accepted. As I work for NHS I was exempted from paying IHS but had to pay for the application fee. On the same day of receiving the fee waiver decision I submitted an application for further leave to remain (extension) and this was granted on 26/04/2022 to expire 26/10/2024.

Having had 10 years continuous residence, on 05/04/2023 I applied for ILR.
Again, I would be so grateful if the Moderators could have a look at my immigration history and tell me if I have had 10 years continuous residence. As I submitted a new application with the timeframe given when my leave was curtailed in 2016 I’m sure that my continuous residence was not broken.

Sorry it is a long post but thanks for reading!

[zimba]

By the look of it, you have 10 years of lawful residence so that should not be an issue.

Note that in some circumstances, an ILR application requires a thorough investigation that can take a long time. Why and how is not clear but it is often due to some information or intelligence the home office has regarding an individual's history or conduct. Often here, people may not disclose their whole immigration history or details of their personal conduct (and they are not expected to), so there is often that context missing.

Was the separation from your ex amicable?
Were the authorities ever involved?
Were there any issues or disputes involving the authorities, the police or the courts?

You do not need to answer any of these at all but you need to consider them in the context of your application.

[vinny]

Perhaps a SAR may help clear up some doubts?

[kamsi]

Hi Zimba and Vinny, thank you so much for your comments.

Zimba, to answer your questions; the separation was amicable and there was no involvement with the authorities at all. No police or court involvement. The Home Office was only informed when I asked my ex for a divorce. From my SAR the Home Office was informed in August 2016 and they wrote to me in September 2016 to inform me that they were curtailing my leave and gave me up to 12 November 2016 to make a new application or depart the country.

Vinny, in April 2021 I made a SAR request and it did not reveal anything untoward. I had requested this as I was preparing myself for the ILR application. I have last week requested for another copy of my file from January 2022 to date.

I think it’s just a matter of waiting.

[secret.simon]

Keep in mind that by definition, the verification queries and searches that a caseworker will conduct on a Long Residence application will be different to that on a spousal or a Skilled Worker visa.

In case of the latter two, the applicant will have had to meet the same conditions across five years and that is easier and faster to do than verifying somebody who has moved across multiple different visa streams over a longer (10 year) period of time. So that is at least one source of delay in a Long Residence application.

Also factor in that we are in August, when most people, including civil servants and caseworkers, take most of their leave. We do not know whether a single caseworker deals with the same application till conclusion or if multiple caseworkers are involved, but if the former is the case, and if the caseworker your case is assigned to is on leave, that can also impact your leave application. And of course, queries are also made with other government departments and local government bodies, most of whose staff may also be on leave.

Can you not defer your university course by a year?

And I concur with zimba above, that your continuous residence does not appear to be broken.

[kamsi]

Thanks secret.com also for the comment.

I agree that they are probably making enquiries from other government departments and that could explain for the delay. I forgot to mention that in 2011 (that was before I was eventually granted) we tried the Zambrano route as the family member of a British national but this application was refused. This also showed on the SAR record.

I could delay my university course for a year and would probably do that if I have not had a decision by the end of August.

Thanks all for the comments. Really grateful!