Inspection of Home Office’s processing of indefinite leave to remain applications launched

Inspection of Home Office’s processing of indefinite leave to remain applications launched

new initiative from the British Government, wherein anyone with knowledge and experience on Indefinite Leave to Remain (ILR) in the UK

A recently announced new initiative from the British Government, wherein anyone with knowledge and experience on Indefinite Leave to Remain (ILR) in the UK as a partner of a person or parent of a child already settled in the UK is invited to submit evidence to the Independent Chief Inspector to help undertake the inspection on the Home Office decision.

The Home Office’s processing of applications for indefinite leave to remain in the UK as a partner of a person already settled in the UK (SET (M) will be the focus of this inspection.

Key points of the inspection

The foremost aim of this inspection is to examine the efficiency of the process and the quality of decision being made for indefinite leave to remain applications, as the partner or spouse of a British or settled person (as per SET (M).

Secondly, it focuses on the convenience of the application process for the applicants. Additionally, it will address the impact of an unsuccessful application on the ILR applicants( including family), even though they are placed on a 10 year route and why it was not appropriate.

Thirdly, the inspection will put the applicant on the forefront for review and then a decision is being exercised keeping in mind the learnings from the Windrush lessons learned review.

Key initiatives

The key initiatives undertaken by the Chief Inspector are to hear from those who have first-hand experience with the family path to settlement, especially about:

  • their experience applying for indefinite permission to remain in the UK as a partner of a person already settled in the UK or as the parent of a child already settled in the UK (SET (M)
  • whether the eligibility requirements and application process were simple to comprehend;
  • whether decisions were received within the service standard; and
  • whether decisions were simple to grasp.

How can you respond

This facility will remain active till 23 November 2021 and the responses must be submitted to the Independent Chief Inspector.

Please send your submission to familyvisas@icibi.gov.uk with the subject line ‘Family Visas – Call for Evidence’ if you are using an email app that isn’t compatible.

Reconfirming the ILR requirements

To be considered for ILR, you must submit an application to the UK Home Office. You’ll also need to provide proof of your ILR eligibility:

  • For the required qualifying term, continuous lawful residence in the United Kingdom is required.
  • Absences from the UK of no more than 180 days in any one of the qualifying 12 months
  • You must provide proof that you have passed the Life in the UK Test.
  • Evidence of your ability to communicate in English at the required level
  • Evidence demonstrating your application satisfies the General Grounds for Refusal, such as correcting any criminal convictions or immigration status violations.

Depending on the type of leave they presently have, ILR UK applicants may be required to demonstrate that they fulfil the relevant minimum income criterion.

In order to be granted indefinite leave to remain in the UK, skilled worker visa holders must earn a minimum salary of £25,600.

Final words

Whether you are a fresh applicant or an applicant who has faced a rejection from the UK Home Office, it is imperative that you seek advice from immigration solicitors who can guide you so that you don’t lose out on your best opportunity of a successful application. A Y & J Solicitors are best when it comes to ILR UK applications. Their bespoke services have helped many applicants, they could do the same for you.