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ILR application, been 14 months

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Re: ILR awaiting 6 months

Post by zimba » Fri Nov 18, 2022 4:08 pm

You have already seen the response to this before.

I applied for a priority visa service and I am still waiting for a response. What is happening  ?

The priority service has no guarantees. Your application is UNIQUE. Because others are getting a fast response does not mean anything about YOUR application. You or a solicitor do not get to determine if your application is straightforward or not. This is up to the UKVI. A standard ILR application typically can take between 8 weeks to 6 months.
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ILR application, been 14 months

Post by Dhc1 » Tue Jul 11, 2023 11:32 am

Hi everyone,

It's been 14 months since I have applied for an ILR application and I'm yet to receive any decision. I have gone to my local MP as well, he tried to get explanation and got pretty much same response every time. He gave up as well and told me that Home office will contact once they reach a decision.

This was last response from home office 2 months before

"Mr X's application was received on 12 May 2022 using our priority service. We would normally aim to resolve such an application within five working days from the date that the applicant’s biometric details were provided. However, this was not possible in Mr X’s case.



Where we are unable to process an application for ILR under our priority service, we would aim to process it within six-months and which is our normal service standard for ILR applications. We are sorry that it has not been possible to meet either our five-working day or six-month service standards in Mr X's case.



As part of the application process, we routinely conduct enquiries with other government departments and external agencies. The nature and extent of those enquiries, and the length of time taken to complete them, varies according to the particular circumstance of each application. Mr Xs application has been delayed because it has not as yet been possible to satisfactorily complete all of the necessary checks into his case.



Whilst it is not always appropriate to disclose the exact nature of the checks being conducted in the course of assessing applications, we can assure you that the progress of outstanding enquiries is regularly monitored with the agencies conducting these enquiries on our behalf. However, whilst we endeavour to provide the best customer service possible, we also have a wider responsibility to safeguard national security and maintain an effective immigration control. As a result, we can only reach decisions on immigration applications once all of the necessary enquires have been completed.



In these circumstances, we can only say that we will conclude Mr X’s application as soon as it is possible to do so, and that he will be notified of the decision at that time. We will contact Mr X if we need anything from him in the interim."

This is getting beyond reasonable now, there has to be some upper range of the deadline.

What next steps I can take and try to get the decision?

Any recommendations and help is appreciated.
Thank you.

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Re: ILR application, been 14 months

Post by Superzing » Tue Jul 11, 2023 11:36 am

Hi - Can I ask what ILR application was it? - Was it the 10 year long residence route? and do you have a complex immigration history?

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Re: ILR application, been 14 months

Post by Dhc1 » Tue Jul 11, 2023 12:00 pm

It was 5 year route, Set (O). And I can't determine if my application was complex. I don't have any bad history with immigration, straight forward in terms of absences and everything. Been on the same job since 6 years and it's under shortage occupation list. I'm an Automotive Engineer.

Only complicated part could be my ex-wife tried to frame me for false charges for DV and threats to kill, but I was given NFA from police straight away (after 24hrs detention). That was prior to my application. I did the DBs check and it was nothing pending, I contact lawyers and police and they said they aren't investigating as they were satisfied before giving me NFA.

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Re: ILR application, been 14 months

Post by CR001 » Tue Jul 11, 2023 12:01 pm

What visa route did you follow? Set O form caters for multiple different visa routes with different rules!!
Char (CR001 not Casa)
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Re: ILR application, been 14 months

Post by Dhc1 » Tue Jul 11, 2023 12:22 pm

1st Tier 2 General from May 2017 to May 2020.
2nd Tier 2 General continuation from March 2020 to May 2023.

Application for ILR was done in May 2022. After 5 years of tier 2 general visa.

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Re: ILR application, been 14 months

Post by zimba » Tue Jul 11, 2023 1:03 pm

Dhc1 wrote:
Tue Jul 11, 2023 12:22 pm
1st Tier 2 General from May 2017 to May 2020.
2nd Tier 2 General continuation from March 2020 to May 2023.

Application for ILR was done in May 2022. After 5 years of tier 2 general visa.
We certainly can't tell you why or how your application is taking that long. This long delay might be due to some ongoing investigation related to your application. You could instruct your lawyer to file a PAP
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Re: ILR application, been 14 months

Post by Dhc1 » Tue Jul 11, 2023 3:24 pm

Is it worth doing that? PAP.

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Re: ILR application, been 14 months

Post by zimba » Tue Jul 11, 2023 5:38 pm

Dhc1 wrote:
Tue Jul 11, 2023 3:24 pm
Is it worth doing that? PAP.
You have no other options. There are no guarantees
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Re: ILR application, been 14 months

Post by Dhc1 » Tue Jul 18, 2023 10:16 am

Had a conversation with a lawyer, he said since the matter is pending, there is nothing we can do.

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Re: ILR application, been 14 months

Post by Forest28 » Tue Jul 18, 2023 2:41 pm

Wow, just wow...just beyond my understanding. I can't imagine what kind of verification can take more than a year.. I think in such a case, when even the standard 6-month period has already passed, they should give more details about the reason and what exactly they are checking. As you paid for this service, also paid and continue to pay taxes in the UK, you have at least the right to know more details.

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Re: ILR application, been 14 months

Post by zimba » Tue Jul 18, 2023 3:01 pm

Forest28 wrote:
Tue Jul 18, 2023 2:41 pm
Wow, just wow...just beyond my understanding. I can't imagine what kind of verification can take more than a year.. I think in such a case, when even the standard 6-month period has already passed, they should give more details about the reason and what exactly they are checking. As you paid for this service, also paid and continue to pay taxes in the UK, you have at least the right to know more details.
In some rare 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. This has nothing to do with paying taxes or whether they paid for priority service. 99% of cases are not like this and this has no relevance to your application or the application of others.
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Re: ILR application, been 14 months

Post by Dhc1 » Thu Jul 20, 2023 11:45 am

Hi Zimba,

I don't mind sharing my immigration history and hat might have impacted this long delay.
MY student visa from Jan 2016 to May 2017
Tier 2 from May 2017- May 2020
Tier 2 extension from March 2020 to May 2023

1) I have been working for the same company since Tier 2 started. Its an Automotive company and comes under Skill shortage occupation Visa, so I don't think verification is being done there.
2) When I was a student prior to 2016, I used to share a house with my friend. I left the house to start my new job and he forgot to pay one month utilities bill, that flagged up and we sorted that out with in next month,
3) This is probably the one which is delaying it - I was framed for false charges by my ex wife in April 2022, I was detained from an airport and taken into detention for 24 hours. The police questioned me for 2 hours and then released me with NFA ( which is No further Action). They realised this was wrong and no charges were put on me as I did not do anything. Fast forward I applied for my ILR in May 2022. Since there was no caution or charges on me, it was NFA, there was no mention of submitting into an ILR form. Well since then, I have done the DBS check and there is nothing on me, I got Divorce from my ex wife.

Either way 14 months have passed and I don't think its justified how long this is taking and how long this might take more to arrive at a decision.

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Re: ILR application, been 14 months

Post by zimba » Thu Jul 20, 2023 1:12 pm

Often long delay cases reported here lack this kind of context which leads to unnecessary panic in some applicants.

It is quite likely that your circumstances have affected this. Note that the home office may have decided to investigate this matter independently, even if the police decided not to. Being detained and questioned is often a big deal from the authority's perspective which may warrant a full investigation before granting ILR. I hope that you hear from them soon
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Re: ILR application, been 14 months

Post by emwrites » Thu Jul 20, 2023 1:27 pm

Dhc1 wrote:
Thu Jul 20, 2023 11:45 am
3) This is probably the one which is delaying it - I was framed for false charges by my ex wife in April 2022, I was detained from an airport and taken into detention for 24 hours. The police questioned me for 2 hours and then released me with NFA ( which is No further Action). They realised this was wrong and no charges were put on me as I did not do anything. Fast forward I applied for my ILR in May 2022. Since there was no caution or charges on me, it was NFA, there was no mention of submitting into an ILR form. Well since then, I have done the DBS check and there is nothing on me, I got Divorce from my ex wife.
On the ILR application, there is a question that asks, "Is there any other information about your character or behaviour which you would like to make us aware of?" which would certainly be the place to disclose and explain this, especially given that it occurred a month before your application was made. If you've reached the minimum requirements under ILR, they have to decide your case on discretionary grounds, and they may now be looking at their guidance under Suitability: false representations, deception, false documents, nondisclosure of relevant facts.

While no one here can give specifics of what they are investigating or what could be taking so long, you must understand that they are almost certainly looking into a deliberate intention to deceive by omission. See section on False representations. Home Office now has the burden to make their case.

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Re: ILR application, been 14 months

Post by zimba » Thu Jul 20, 2023 2:06 pm

This is completely incorrect. There is no requirement for full disclosure on an immigration form. You are required to disclose ONLY relevant facts. You are not required to declare an NFA (as it has no relevance to immigration rules) and OP has not engaged in any deceptive act by not doing so.

The guide you shared literally tells you this:
A person is not required to volunteer information unless it is clear from the context that it is required.

Examples include:
• failure to disclose the existence of a family member
• failure to disclose a criminal conviction
• failure to disclose previous travel to the UK
• failure to disclose presence of family members in the UK
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Re: ILR application, been 14 months

Post by Dhc1 » Fri Jul 21, 2023 9:57 am

While no one here can give specifics of what they are investigating or what could be taking so long, you must understand that they are almost certainly looking into a deliberate intention to deceive by omission. See section on False representations. Home Office now has the burden to make their case.
I read the document and it does have lot of unnecessary jargon as you'd expect from any Government document. From what I understood, I did not do anything wrong. This was from the document, it does say they would have given me an opportunity to present any missing information -

"Where you are considering refusal/cancellation under a non-conducive to the public
good provision, you must consider all the circumstances of the case, weighing up the
false representations and other factors including any factors which may mean that
the applicant’s presence in the UK is not undesirable. That requires you to have
given the applicant the opportunity to provide all relevant information.
"

Also to answer to your query, there was no question as you have suggested. There were two questions which are remotely related to this.

1) Have you ever engaged in any other activities which might indicate that you may not be considered to
be a person of good character? ---- I don't think NFA comes under engaged or any of this question suggests me to say yes and then provide the details. Because the other questions were about involve in terrorist activities or member of any organisation which I am not.

2) At any time have you ever had any of the following in the UK or in another country?
A criminal conviction
A penalty for a driving offence, for example
disqualification for speeding or no motor
insurance
An arrest or charge for which you are currently
on, or awaiting trial
A caution, warning, reprimand or other
out-of-court penalty
A civil court judgment against you, for example
for non payment of debt, bankruptcy
proceedings or anti-social behaviour
A civil penalty issued under UK immigration
law


There was no option of entering any NFA document in the application. I would have gladly provided the document or enter in to the application. Anyway its been 14 months and if they had to file under false representation, they would have done it. or they would have asked for any explanation which they haven't done. I talked to the Lawyer as well and he said you don't need to give NFA details in the immigration form. Moreover, if HM needs this information, they can just find it by mere few clicks on web. Its readily available for them.

I am not sure why I am doing the research or doing their job and making myself mad over this, but I can't seem to accept that its been 14 month and 15th month running, they haven't reached any decision, even if its refusal its a step forward , but give me a decision.

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Re: ILR application, been 14 months

Post by zimba » Fri Jul 21, 2023 11:32 am

The claim made above regarding failure to declare NFA, as I pointed out is baseless. This has nothing to do with not supposedly declaring an NFA.
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Re: ILR application, been 14 months

Post by Dhc1 » Fri Jul 21, 2023 12:02 pm

zimba wrote:
Fri Jul 21, 2023 11:32 am
The claim made above regarding failure to declare NFA, as I pointed out is baseless. This has nothing to do with not supposedly declaring an NFA.
Agreed. Thanks for clarification.

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Re: ILR application, been 14 months

Post by Dhc1 » Fri Jul 21, 2023 12:05 pm

zimba wrote:
Thu Jul 20, 2023 1:12 pm
Often long delay cases reported here lack this kind of context which leads to unnecessary panic in some applicants.

It is quite likely that your circumstances have affected this. Note that the home office may have decided to investigate this matter independently, even if the police decided not to. Being detained and questioned is often a big deal from the authority's perspective which may warrant a full investigation before granting ILR. I hope that you hear from them soon
Do they not have any deadline or human responsibility to respond within reasonable timeframe? Besides what sort of investigation would they do? They could ask me for an interview or my statement. How will they investigate? I haven't received anything in last 14 months except standard complex emails, suggested pending enquiries.

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Re: ILR application, been 14 months

Post by zimba » Fri Jul 21, 2023 12:58 pm

UKVI might not need any input from you or an interview, otherwise they will ask you for one. I am afraid any attempt to figure out a reason for such a long delay will be pure speculation
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Re: ILR application, been 14 months

Post by Halshimitzu » Wed Oct 18, 2023 1:26 pm

Any updates with this post? Worrisome really

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Re: ILR application, been 14 months

Post by zimba » Wed Oct 18, 2023 2:12 pm

Halshimitzu wrote:
Wed Oct 18, 2023 1:26 pm
Any updates with this post? Worrisome really
Such cases are very rare. The average person will not have such experience. Most successful cases do not get reported and the only the problematic cases get all the attention here :!:
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Re: ILR application, been 14 months

Post by Rover1964 » Wed Oct 18, 2023 2:34 pm

Hello, Have you had any response or made any progress with this? We have also gone beyond the 6 months mark, and struggling to get any answers.
I hope you've had some good new by now?

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Re: ILR application, been 14 months

Post by Halshimitzu » Wed Oct 18, 2023 2:50 pm

Thanks Zimba,

Is the applicant able to work whilst waiting? 18 months is so long

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