Two questions about my ILR application

[mobile_cheesecake669]

The Long Road to ILR: My Experience with the UK Home Office

For many immigrants, settling in the UK is a long and arduous journey. I arrived in the UK in September 2014 on a student visa, eager to further my education and build a future here. However, what should have been a straightforward process was derailed by bureaucratic errors and systemic inefficiencies, resulting in years of unnecessary stress and uncertainty.

A Costly Mistake Not of My Making

During my studies, I switched universities, and when applying for a new Confirmation of Acceptance for Studies (CAS), I was informed by a senior member of my university’s visa team that I could continue using the same CAS number. Unfortunately, this was a mistake that led to the rescinding of my studentship and, ultimately, the curtailment of my visa. To correct this error, I had to get my university to acknowledge their responsibility in writing. Despite this, I was forced to leave the UK to apply for a visa extension in 2019—a process that should have never been necessary.

A Technical Overstay, But Not a Deliberate One

Due to the visa complications caused by this mistake, I ended up overstaying in the UK for approximately 71 days. Other than that period, my travel history has been minimal:

A one-week trip outside the UK.

A 50-day absence while waiting for my visa to be approved.

Consistent residency since 2014, now residing under a spousal visa.

Despite this technical violation, it was not willful noncompliance but rather a result of circumstances beyond my control.

Applying for ILR Under the 10-Year Long Residency Rule

Given my long-term residency in the UK, I applied for Indefinite Leave to Remain (ILR) under the 10-year rule. While I have lived in the UK continuously since 2014, my situation is complicated by the Home Office’s strict stance on overstays. The key question is: will the Home Office exercise discretion given that my overstay was due to an institutional error and beyond my control?

The Home Office’s Inexplicable Delays

Beyond the stress of my immigration status, my experience with the Home Office has been frustratingly slow and opaque. Every single visa application I have submitted has taken far longer than the stated processing times:

My visa extension took 13 months.

My spousal visa application dragged on for nearly two years.

My ILR application was due for a decision by February 1st, 2024, but I have yet to hear back with no explanation or update.

This pattern of unreasonable delays raises serious concerns. The anxiety and uncertainty caused by the Home Office’s inefficiency have affected my mental well-being, employment stability, and ability to plan for the future.

Can I Sue the Home Office for the Trauma They Have Caused?

Given the emotional distress and financial burden caused by these delays, the question arises: can I take legal action against the Home Office?

The UK government has a duty to process applications within a reasonable timeframe.

Their failure to communicate and prolonged delays have disrupted my life and mental health.

There is precedent for judicial review cases where individuals have challenged unlawful delays and unfair decision-making.

Final Thoughts

My case is not unique—many immigrants face similar bureaucratic nightmares while simply trying to follow the law and secure their right to remain. The UK Home Office’s slow, inefficient, and often unsympathetic approach has led to unnecessary suffering for countless applicants. While I remain hopeful that my ILR application will be granted, I cannot ignore the years of stress and setbacks caused by the very system meant to facilitate legal immigration.

If you have faced similar challenges with the Home Office, I encourage you to share your story. Together, we can push for a system that is fair, efficient, and just for those who call the UK home.

[zimba]

You should have left the UK before the final curtailment date. I am not sure why you think the 'errors' made by the university meant that it was ok for you to knowingly stay in the UK beyond your curtailed visa expiry. They made some errors and your visa was curtailed due to them but then why did you stay anyway ?? This breaks your continuous residence in the UK, so you will not be eligible for ILR under the long-residence

Note that you do not have an entitlement to ILR because you lived here long enough. It is the rules that determine your eligibility for ILR.

Also, the recent rules change to the long residence route means that strictly only lawful residence in the UK counts. So even with discretion, time spent unlawfully will not count: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[mobile_cheesecake669]

The university curtailed my visa because they made an error in the issuing me my CAS and they wrote about it and sent it to the home office this is on record, and even before the date of the curtailment i wrote to the home office to give me an extension on my curtailment so i can leave the UK after i've taken my final exam, and i have spent far longer than the required amount of time for it, the 71 days are irrelevant i have been in the UK for well over 10 years + 71 days

I have further questions, if i am rejected what do i do then? Can I appeal? can i be considered under the private route or something else? I am married to a uk citizen

[zimba]

The immigration system is rule-based. Regardless of what happened, you should have left the UK before the visa expiry.
As you are married to a British citizen, you can apply under the family route using form FLR(M)