Question to the Home Office:

To ask the Secretary of State for the Home Department, what steps she is taking to minimise the financial challenges facing people who awaiting the results of an Indefinite Leave to Remain application.

The Home Office’s service standard for the processing of ILR applications is six months. Where there is a specific reason cases cannot be decided within the service standard, we will contact the individual concerned.

Performance against service standards for ILR applications are included in the Migration Transparency data which is published here: https://www.gov.uk/government/collections/migration-transparency-data#uk-visas-and-immigration

Where an applicant is in the UK and, at the time of making an application, has leave to enter or remain; section 3C of the Immigration Act 1971 extends the conditions of their visa, including their right to work if they have it, until the application is decided (or withdrawn).

The Home Office also allows for individuals with leave under particular provisions to submit a “change of conditions” application, if the No Recourse to Public Funds (NRPF) condition has been applied to their leave, and there is a subsequent change in their financial circumstances.

When an individual makes an application following the expiry of their leave to enter or remain they would not benefit from the provisions in Section 3C, this is in keeping with ensuring individuals do not overstay their visa.