waitinglad wrote: ↑
Fri Jan 11, 2019 9:38 am
Dear fellow member,
I just wanted to share some information.
I reached out to my local MP, regarding my ILR application that was made on 22nd June 2018. as you can tell it has now been over 6 months. I Wrote to my MP in the beginning of december 2018 and they enquired on my behalf and HO came back with this response. can the expert please shed some light on it.
Further to previous correspondence, please see below the response MP has received from UK Visas and Immigration concerning your case:
"Dear Ms xxx,
Thank you for your email correspondence of 6 December on behalf of Mr xxxx of xxxx, about his application for Indefinite Leave to Remain (ILR).
As you are aware, Mr xxxx submitted an application for ILR on 25 June. This application remains outstanding. Although our service standard for deciding ILR applications is 6 months, this is sometimes not possible. I can confirm that this is the case with Mr xxxx's application.
It may be helpful to explain that applications can often be deemed as complex in nature for a number of reasons. Delays in deciding applications are often due to issues relating to the European Convention on Human Rights which are complex in nature. Additionally, in order to conclude an application, a number of additional checks with external government departments must be completed which can also result in us being unable to complete an application for ILR within our 6 month service standard.
I can confirm that when an application is made in-time, before the expiry of existing leave, an applicant remains in the UK on the terms and conditions of their previous leave until a decision is made on the new application, even if the decision is not made until their previous leave has expired. This is because they are covered by Section 3C of the Immigration Act 1971, which preserves the applicant's existing conditions of leave, including any conditions permitting them to take employment, until their application is decided (or they withdraw their application or leave the UK). Because Mr xxxx's application for ILR was made before his previous Leave expired, he is covered by 3C. I can confirm that Mr xxxx's employer, xxxxxxxxxxxxx, used the Employer Checking Service in July, which confirmed his right to work in the UK whilst his application is outstanding.
Please assure Mr xxxx that we will contact him as soon as a decision has been made on his application." )
I would be thankful to you guys with some feedback on this. Thanks in advance.