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ILR Application now outside SLA

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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Goose55
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ILR Application now outside SLA

Post by Goose55 » Wed May 01, 2019 10:05 pm

Hi,

I applied for my ILR six months ago today. That means I am now outside of the SLA.

Up until now I have been receiving monthly emails stating that my application is in process, but nothing stating that there would be a delay.

I have emailed my MP, but she has got a response from the Home Office stating that the application is still being considered and is still within the SLA.

What are my options now that I am outside the SLA? Can I get the application fast tracked?

Thanks in advance.

secret.simon
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Re: ILR Application now outside SLA

Post by secret.simon » Wed May 01, 2019 10:32 pm

I'd say, give it till 4th May. You will quite likely get a letter from the UKV&I statinng that your application is complex and therefore not subject to the service standards.

And note that it is service standards (i.e. they strive to reach those standards), not an SLA (there is no contract between you and the UKV&I that can be enforced).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Goose55
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Re: ILR Application now outside SLA

Post by Goose55 » Thu May 02, 2019 6:15 am

secret.simon wrote:
Wed May 01, 2019 10:32 pm

And note that it is service standards (i.e. they strive to reach those standards), not an SLA (there is no contract between you and the UKV&I that can be enforced).
I can see this on that link though:

We will write within the normal processing time for the 8 week standard and within 12 weeks for the 6 month standard.

To me this says that they should have written to me in the first 12 weeks if there was going to be a problem, which they haven’t done.

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Re: ILR Application now outside SLA

Post by bizman » Thu May 02, 2019 8:51 am

Why don’t you escalate your case with HO on phone.
Bizman

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Re: ILR Application now outside SLA

Post by secret.simon » Thu May 02, 2019 3:07 pm

bizman wrote:
Thu May 02, 2019 8:51 am
Why don’t you escalate your case with HO on phone.
The UKV&I contact details are for a third-party contact centre. It won't get you through to somebody working at the UKV&I.

The OP's approach of writing to/escalating via their MP is the correct one.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: ILR Application now outside SLA

Post by bizman » Thu May 02, 2019 3:57 pm

This number goes straight to UKVI 03001232241
Bizman

Goose55
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Re: ILR Application now outside SLA

Post by Goose55 » Fri May 03, 2019 4:00 pm

I have escalated using the UKVI number. Let’s see what happens.

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Re: ILR Application now outside SLA

Post by bizman » Fri May 03, 2019 4:18 pm

All the best
Bizman

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Re: ILR Application now outside SLA

Post by Goose55 » Wed May 08, 2019 12:24 pm

I received a useless reply stating that the application is delayed, but wouldn’t state how long for. Completely lost my temper with them.

My MP is escalating to the immigration minister.

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Re: ILR Application now outside SLA

Post by bizman » Wed May 08, 2019 12:27 pm

That might be helpful.
Bizman

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Re: ILR Application now outside SLA

Post by Goose55 » Mon May 20, 2019 3:55 pm

As at yet, my MP has had no response regarding the letter to the immigration minister and the Home Office haven’t responded to my complaint from the same day.

As a result, I have issued a pre action protocol against them, after seeking legal advice. Do any of you know whether that is usually an effective option of resolving a delay? As the Home Office haven’t actually given me a reason for the delay, I can only assume it’s because I was one of the first to use the new UKVCAS system.

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Re: ILR Application now outside SLA

Post by Goose55 » Thu May 23, 2019 9:56 pm

Today I received the following reply to my escalation last week:

“Our records show your application has not yet been completed.



We are unable to advise when a decision will be made but you will be notified in writing once made. Until such time, we are unable to assist further. Should the caseworker require further information and/or documents they will contact you.”

Could anyone advise what this means? Is there something on the application that I didn’t do? It’s just so vague.

I also haven’t heard back from my complaint or my pre action protocol. Neither has my MP heard back from the immigration minister. Is there anything else I can do?

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Re: ILR Application now outside SLA

Post by 10020132 » Thu May 23, 2019 10:50 pm

I would say. Sit back and relax. Thats the only thing you can do really
My application is pending since January 2018 and I have tried all of these options but nothing worked. So just waiting now

Goose55
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Re: ILR Application now outside SLA

Post by Goose55 » Fri May 24, 2019 6:33 am

10020132 wrote:
Thu May 23, 2019 10:50 pm
I would say. Sit back and relax. Thats the only thing you can do really
My application is pending since January 2018 and I have tried all of these options but nothing worked. So just waiting now
Wow. Have you considered taking them to court? That’s a ridiculously long time.

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Re: ILR Application now outside SLA

Post by CR001 » Fri May 24, 2019 6:49 am

Goose55 wrote:
Fri May 24, 2019 6:33 am
10020132 wrote:
Thu May 23, 2019 10:50 pm
I would say. Sit back and relax. Thats the only thing you can do really
My application is pending since January 2018 and I have tried all of these options but nothing worked. So just waiting now
Wow. Have you considered taking them to court? That’s a ridiculously long time.
Important to note the the user you are responding to has applied for ILR from a category that does take very long and involves extensive supporting documentation to prove they have met the requirements of the tier 1 entrepreneur points based visa route.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: ILR Application now outside SLA

Post by Goose55 » Fri May 24, 2019 7:35 am

Even so, a year and a half is far too long to make a decision. I’d lose my job if I took that long to process something. I hope it comes soon.

In my case, my application is a SET(M) one for which I can’t think of anything that may be complex. Do I have any method of pushing UKVI because every method I have tried appears to have failed?

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Re: ILR Application now outside SLA

Post by Goose55 » Fri May 24, 2019 7:38 am

Goose55 wrote:
Fri May 24, 2019 7:35 am
Even so, a year and a half is far too long to make a decision. I’d lose my job if I took that long to process something. I hope it comes soon.

In my case, my application is a SET(M) one for which I can’t think of anything that may be complex. Do I have any method of pushing UKVI because every method I have tried appears to have failed?
I should add that an advisor I saw is almost certain the delay is due to me applying in the first week of the new process.

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Re: ILR Application now outside SLA

Post by 10020132 » Fri May 24, 2019 9:23 am

Goose55 wrote:
Fri May 24, 2019 7:38 am
Goose55 wrote:
Fri May 24, 2019 7:35 am
Even so, a year and a half is far too long to make a decision. I’d lose my job if I took that long to process something. I hope it comes soon.

In my case, my application is a SET(M) one for which I can’t think of anything that may be complex. Do I have any method of pushing UKVI because every method I have tried appears to have failed?
I should add that an advisor I saw is almost certain the delay is due to me applying in the first week of the new process.
I am just waiting for now. I think this logic of delay due to new process is incorrect because there are many who have applied set m in the new process and have got their visas by now if you check the time line thread

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Re: ILR Application now outside SLA

Post by Goose55 » Fri May 24, 2019 10:46 am

10020132 wrote:
Fri May 24, 2019 9:23 am
Goose55 wrote:
Fri May 24, 2019 7:38 am
Goose55 wrote:
Fri May 24, 2019 7:35 am
Even so, a year and a half is far too long to make a decision. I’d lose my job if I took that long to process something. I hope it comes soon.

In my case, my application is a SET(M) one for which I can’t think of anything that may be complex. Do I have any method of pushing UKVI because every method I have tried appears to have failed?
I should add that an advisor I saw is almost certain the delay is due to me applying in the first week of the new process.
I am just waiting for now. I think this logic of delay due to new process is incorrect because there are many who have applied set m in the new process and have got their visas by now if you check the time line thread
Understood. I can see that too. Apparently the new service centres had problems when they first opened. I was at my centre the day after it opened in November and they called me in a month ago to redo my passport scan.

Either way, pretty disappointing. I’m just hoping my family don’t get ill.

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