The Home Office publishes service standards for most applications, but many take far longer. Delay is not unlawful in itself; it becomes unlawful when it is unreasonable in all the circumstances, and at that point the Upper Tribunal can order a decision to be made.

What is unreasonable

The court looks at the type of application, the published standard, the reasons for the delay, whether the Home Office has explained it, and the effect on you: inability to work, separation from family, children's welfare, or a deteriorating health condition. Delay with no explanation, or where the Home Office has simply lost the file, is more readily found unreasonable than delay in a complex protection claim being actively worked on.

Steps before a claim

Check the status: confirm the application is valid, biometrics were given and nothing is outstanding from you.
Chase in writing through the correct contact route, keeping copies.
Complain through the Home Office complaints process, and consider asking your MP to enquire. These sometimes work and cost nothing, but they do not bind the Home Office.
Pre-action letter setting a deadline for the decision.

Judicial review

If the pre-action letter does not produce a decision, a claim for judicial review asks the Upper Tribunal to order one within a set period. Many delay claims settle on the Home Office's promise to decide by a date. Costs can usually be recovered if a decision follows the issue of the claim.

What you can do in the meantime

If your leave was extended automatically while the application is pending, you keep the rights of that leave. We check whether that applies to you and what you can and cannot do.

What we do

We confirm the application is in order, send the pre-action letter and issue the claim if needed, and we tell you honestly where the delay is of a kind the court is unlikely to intervene in.