A recent case highlights the real human impact of delay within the UK immigration system, and the importance of persistence when advocating for vulnerable families.
How do delays in the UK immigration system affect vulnerable families?
Our client, a mother who had initially sought protection in the UK without success, approached us for advice regarding her child, who was born in the UK to a father who later became settled. We submitted a fee waiver application in respect of both her leave to remain application and her child’s registration application, which was granted. We subsequently proceeded with applications for the child’s registration as a British citizen (which was approved relatively swiftly), and for our client’s leave to remain based on her family life.
Throughout the process, our client complied fully with all Home Office requirements. She attended an interview, provided further information promptly, and engaged constructively at every stage.
Despite this, no decision was made on her application for a prolonged period. During this time, her circumstances became increasingly precarious. Without the right to work or rent, and following the breakdown of her informal living arrangements, she and her very young British child were placed at imminent risk of homelessness.
Repeated attempts were made to obtain an update, including urgent representations which highlighted the vulnerability of both mother and child. These efforts initially went unanswered.
In response to our Pre-Action Protocol letter, the Home Office stated that:
iv. The team further advises this is a quote from the HO latter, that the threshold for expediting is only considered in the most serious life-threatening or bereavement circumstances. They normally only accept a request to expedite an application ahead of others in situations such as where a customer needs to travel to attend a close relative’s funeral abroad, or to attend to a severely ill relative overseas who requires one-to-one care that cannot be provided by another individual. All requests for applications to be expedited should be accompanied by supporting evidence.
v. The team will consider expedite requests submitted on any basis, but such requests are only granted in the most serious of cases. The circumstances raised do not reach the high threshold outlined above. It would therefore not be appropriate to consider your client’s application ahead of those who applied earlier.
vi. Should your client require advice or support regarding her financial circumstances or housing arrangements, she may wish to consider contacting his Local Authority Social Services Department, whose area of responsibility includes providing support for families with young children. Alternatively, a third-party support service may be able to provide assistance.
Why isn’t imminent homelessness treated as a serious enough reason to expedite?
This response raises an important question: how is the imminent risk of homelessness for a mother and her British child not considered sufficiently serious, particularly during the winter months?
The suggestion that our client seek assistance from local authorities also proved problematic. Although Local Authorities have duties to accommodate children at risk of homelessness, regardless of their immigration status, in practice it can be difficult to secure accommodation where there is no evidence of a right to reside in the UK. Our client was asked to provide her a share code, which she did not have. Moreover, accessing public funds in such circumstances can have implications for future immigration applications, placing individuals in an impossible position.
While we were in the process of preparing for potential Judicial Review proceedings, a positive outcome was finally secured: our client has now been granted leave to remain in the UK on the basis of her family life as the parent of a British child.
This case serves as a reminder of several key points:
- The critical importance of safeguarding the welfare of British children
- The necessity of proactive and persistent legal representation
- The role of well-evidenced, timely advocacy in achieving just outcomes
While the final decision is welcome, the circumstances leading up to it underscore the need for timely and responsive decision-making where fundamental rights and basic living conditions are at stake.
If you are dealing with similar delays or complex family-based immigration matters, early legal advice and consistent follow-up can make a significant difference.
Our expert immigration team are here to support you. Get in touch today at es@branchaustinmccormick.com.
We are grateful to counsel, Hannah Lynes of Garden Court Chambers, for her advice on this matter.
