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As troubled said, the HO can legally take up to 6 months to process the application.Mwalimu wrote:
1. Is the response from the solicitor in line with expectation?
The solicitor is obliged to act on your instructions and in your best interests. There's no real point in their chasing for a response before 6 months have passed unless you have some urgent need to be able to travel out of the country. If you instruct them to take time doing something pointless, it's a waste of your money.2. Does the solicitor have an obligation to follow up on the status of the application given the time it can take HO at times to process application?
See (1) above.3. Is the solicitor entirely correct in their response?
You can, although in my experience this can lead the HO to behave in future as though you have disinstructed the solicitor (i.e. they won't contact the solicitor, they will try to contact you direct etc.).4. Is it possible for me to contact HO direct though we have appointed a solicitor in respect to our application?
I assume this is why you have instructed a solicitor. When you say you "overstayed your generosity", did you arrive legitimately in the UK and then just overstay, or is your immigraiton history more complicated? Issue of an RC to unmarried non-EEA partner is discretionary, and the HO will consider matters like criminality, adverse immigration history etc. That said, I would hope that your solicitor has advised you on the chances of success and addressed these issues in the application.5. The fact that weâ€™re not yet married but have a solid relationship for more than five years, which we have had almost 50 supporting letters from friends to back up our application, does this cause any delay. Further more not to mention, I had overstayed my generosity by more than 7 years, a couple of traffic offences and CCJ
Are you able to shed more light on automatic right to reside and right to residence facilitated. Section 5.1 of case workers guide on family members;Kitty wrote:The difference with your application is that you are not married: you do not have an automatic right to reside with your partner but only the right to have your residence "facilitated". THat's why the HO can take additional factors into account.