Post
by secret.simon » Sat Jun 18, 2016 8:30 am
I think you are confusing ILR and PR. They are two completely different statuses in law, though they both have the same effect.
PR is acquired automatically under EU law if certain conditions are met. The Home Office has no discretion to either expedite or reject a PR application because it is granted automatically by EU law, not by the Home office. Conversely, if you do not meet the requirements of the law, you do not get PR and the Home Office can't grant it to you either. All that the Home office does is issue you a PR Card that can be used to prove that you already have PR.
ILR is granted by the Home Office under the UK Immigration Rules. As it is a grant and not acquired automatically, the Home office can reject the application if requirements are not met. But conversely, the Home Office can also make exceptions to the Rules and grant ILR under special circumstances. However, to ensure that everybody meets the requirements, the "special circumstances" must be exceptional and very unusual.
Also, most people on the EEA route are not eligible to apply for ILR.
If you explain why you think you should apply for ILR, along with a detailed timeline of your stay in the UK, we could guide you further.
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.
