Waiting for a decision on a Home Office application can be incredibly frustrating.
Whilst some delays are unavoidable, applicants are not expected to wait indefinitely without explanation. If your application has exceeded the published processing times or there has been no meaningful communication from the Home Office, there are steps you can take to seek updates and, where necessary, challenge the delay.
How long should a decision on my application take?
The Home Office have published timescales so that Applicants have some idea about how long it is likely to take to get a decision on the application they have made.
For in-country applications the timescales are published here.
For applications made abroad the timescales are published here.
Some types of applications offer priority services which, in return for an additional fee, provide a quicker turnaround time. However, there is never a guarantee that a decision will be reached within a certain timescale, and there can be a number of reasons that cause delays on applications including complexity, security checks or even just technical issues.
Step 1: Submit a Complaint to the Home Office
If you are concerned about delay on an application, the first step is often to raise a formal complaint through the Home Office complaints procedure.
A complaint can be used where there has been an unreasonable delay, poor communication, or a failure to provide adequate information about the progress of an application. Whilst submitting a complaint does not guarantee an immediate decision, it can prompt the Home Office to review the matter and provide an update.
When making a complaint, it is important to clearly explain:
- The type of application submitted;
- The date of submission;
- The relevant application reference number;
- The published processing times; and
- How long the delay has persisted.
In some cases, a complaint can be enough to prompt action and result in a decision being issued shortly afterwards.
Step 2: Contact Your Member of Parliament (MP)
If the complaint does not resolve the issue, a further option is to seek assistance from your local MP.
MPs have dedicated channels for communicating with government departments, including the Home Office. They can make enquiries on your behalf and request an explanation for the delay.
Whilst an MP cannot force the Home Office to approve an application, their involvement often encourages the department to provide a substantive update or prioritise consideration of a long-outstanding case. You need to contact the member of parliament for your constituency. You can find out who your MP is and their contact details here.
Step 3: Consider Judicial Review
Where a delay becomes excessive and the Home Office continues to fail to make a decision without adequate justification, judicial review may be available.
Judicial review is a legal process that allows the courts to examine whether a public body’s actions, or failure to act, are lawful. A prolonged failure by the Home Office to determine an application can, in some circumstances, be challenged through judicial review proceedings. The judicial review process is generally used where there is no adequate alternative remedy available.
Before issuing judicial review proceedings, a solicitor will typically send a Letter Before Claim (also known as a Pre-Action Protocol letter). The purpose of this letter is to set out the basis of the challenge and give the Home Office an opportunity to resolve the matter without court proceedings. The Home Office itself publishes guidance and a template for resolving immigration and nationality disputes through the pre-action protocol process.
A Letter Before Claim will usually:
- Explain the history of the application;
- Set out why the delay is considered unreasonable;
- Request that a decision be made within a specified period; and
- Invite the Home Office to provide a lawful and justified explanation if a decision cannot yet be issued.
What Happens Next?
In many cases, the Home Office responds to a Letter Before Claim by making a decision or providing a satisfactory explanation for the delay.
However, if the Home Office fails to respond adequately, refuses to provide a reasonable explanation, or continues to delay making a decision without justification, it may be appropriate to commence judicial review proceedings.
The prospect of court proceedings often prompts the Home Office to reconsider long-delayed cases. Nevertheless, every case is different, and the merits of pursuing judicial review will depend on the individual circumstances.
How We Can Help if your Home Office Application is Delayed:
If your Home Office application has been delayed beyond the expected processing times, we can assess your circumstances and advise on the most appropriate course of action.
Our team can:
- Submit formal complaints to the Home Office;
- Liaise with your MP where appropriate;
- Prepare and send a robust Letter Before Claim; and
- Initiate judicial review proceedings where the delay has become unreasonable and unlawful.
If you have been waiting for a decision for an excessive period, contact us to discuss how we may be able to help.
