ILR Pre-decision checks?

[mss9025]

Hi all,

Would really like some quick thoughts or advice on my wife's predicament here.

She applied (along with her family of 5), for ILR based on 6 year DLR (Form FLR(DL)) in July, 2018 (11 months ago!!). MP was contacted in February 2019, but the HO responded with their generic "can't give you a timeline" letter.

In September 2018, one letter (ASL.4041) addressed only to her was sent from Home Office confirming her application for ILR and stating that she has right to work until a decision is made, and to provide it to her employer should they need proof.

Two weeks ago her manager receives an email from HR saying that the Home Office confirmed her right to work back in 2018, and that the HO gave a deadline for June 2019.

After not hearing anything from HR, she decided to ring them today to see if it was resolved. Apparently they had not even requested a new confirmation of her right to work. Therefore, she will have to face suspension from 11th June until the Home Office responds to their request, when it was not her mistake in the first place.

Has anyone experienced anything like this before? I would really appreciate it if anyone had any advice on how to go about this.

Thank you.

[zimba]

The HR must request a right to work check online and resume her employment if it returns positive

[Frontier Mole]

It takes all of 20 mins max to do the form online and the turnaround time is usually within 7 days.

If she is suspended it should be on full pay.

[mss9025]

The HR must request a right to work check online and resume her employment if it returns positive

Thanks you for your response Zimba. They did this once already in 2018. This is meant to be a second confirmation that apparently HR just forgot about. Plus, she was told that she would not be paid for the days she is suspended for

Also, quick question. Why would it not return positive when the HO has not made a decision on her ILR yet?

Thank you

[mss9025]

It takes all of 20 mins max to do the form online and the turnaround time is usually within 7 days.

If she is suspended it should be on full pay.

Thank you for your response Frontier Mole. That's very interesting. She was told that she will not get paid for the number of days she may be suspended.

[Frontier Mole]

Just to also put it into perspective - her HR team will have been sent a reminder by the Home Office a month before the due date of the statutory excuse period. So it is HRs fault.

The check is to provide a statutory excuse for the employer- it is not for the benefit of the individual at all. Their, the migrants, right in law to work is provided for in law already under the immigration act paragraph 3c.

Thus if the employer has failed to do the check it is cannot be at the detriment of the migrant. Any suggestion that she is suspended without pay is unreasonable. Depends on how much she wishes to push back on her employer but if she wished she could grievance them to pay her as she can work in law.

[mss9025]

Just to also put it into perspective - her HR team will have been sent a reminder by the Home Office a month before the due date of the statutory excuse period. So it is HRs fault.

The check is to provide a statutory excuse for the employer- it is not for the benefit of the individual at all. Their, the migrants, right in law to work is provided for in law already under the immigration act paragraph 3c.

Thus if the employer has failed to do the check it is cannot be at the detriment of the migrant. Any suggestion that she is suspended without pay is unreasonable. Depends on how much she wishes to push back on her employer but if she wished she could grievance them to pay her as she can work in law.

Ah I see. Makes sense. That was very helpful, thank you so much!

[mss9025]

Hello everyone,

Would like any advice/ information at all regarding my situation. Thanks in advance!

My wife along with her family members (both parents and two younger siblings over 18) applied for ILR through FLR (DL) form on 3rd July, 2018 after completing 6 years of Discretionary Leave to Remain with a refused asylum case.

It has been over a year now with nothing from the Home Office. We contacted the Home Office twice already. Once by ourselves and once through an MP representative at the beginning of 2019. Both times we received the generic "we don't know when a decision will be made" letter.

Is anyone else in a similar situation? Has anyone had any success by trying something else?

I also heard that since the new processes came in place, there is a way to pay a premium and expedite the process. However, I have not been able to find any info on this. Does anyone know if this is true?

Once again, any information would be very, very helpful at this point. I thank you very much for your time.

Kind regards.

[mss9025]

Bumping this just one time hoping someone who might have any info would see this and chime in. Thanks.

[mss9025]

Hi all,

After the MP and lawyer contacted the home office on multiple occasions over the past 6 months. Application for ILR for a family of 5 (after 6 year DLR) was made in July of 2018 (over a year ago).

As the response to the solicitor's letter, the HO have stated:

"Your client's case is in the process of pre-decision checks prior to allocation to casework and you will be notified of the decision in due course."

Does anyone know what this means?? Does it mean that it's almost done or does it mean that they are going to start with the process only now?

Thanks in advance.

[CULLINAN]

Hi all,

After the MP and lawyer contacted the home office on multiple occasions over the past 6 months. Application for ILR for a family of 5 (after 6 year DLR) was made in July of 2018 (over a year ago).

As the response to the solicitor's letter, the HO have stated:

"Your client's case is in the process of pre-decision checks prior to allocation to casework and you will be notified of the decision in due course."

Does anyone know what this means?? Does it mean that it's almost done or does it mean that they are going to start with the process only now?

Thanks in advance.

It means enquiries are ongoing on your application (whatever that be) and once they are completed, then the case will be allocated to the Case Worker.
This is the normal procedure. Once the case is allocated to the caseworker after all enquiries are completed, it does not take long.

[mss9025]

Appreciate your response very much Cullinan. Do you by any chance happen to know why a caseworker hasn't been assigned even after over a year of submitting the applications??

[CULLINAN]

Appreciate your response very much Cullinan. Do you by any chance happen to know why a caseworker hasn't been assigned even after over a year of submitting the applications??

I suppose this is a generic way of response. They just wait till all enquiries are completed before the CW is allocated or makes a decision.

[mss9025]

Oh I see. That's a shame. I thought this was something to be hopeful for. Been receiving nothing but generic responses. Thanks for your help though! Highly appreciate it.

[CULLINAN]

Oh I see. That's a shame. I thought this was something to be hopeful for. Been receiving nothing but generic responses. Thanks for your help though! Highly appreciate it.

Do not loose hope. There have been instances where HO issues a complex letter and then the decision is sent out the very next day OR a generic response is sent out but then the decision follows too in a couple of weeks or less.
Really not much link between the two. Depends case to case.
They only do this to buy some more time.
Be positive. Hopefully you will receive your decision soon.

[mss9025]

Oh I see. That was useful to know. Thank you for the reassurance. I hope so too!

[mss9025]

Hello everyone,

Just wanted to post some info to whoever might find it useful.. I've learnt so much from this forum so it's the least I could do.

After 16 and a half months, my wife finally received her ILR today!! Look below for timeline

DLR first granted : 2012
DLR renewed : 2015
After 6 years of DLR, applied for ILR (Form FLR DL) : July, 2018
ILR granted : November 2019 (after multiple letters and visits to MP)