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Hello,
Sorry for the long post but my situation is very complex.
I got the UK Entrepreneur visa in December 2014. I came and set up a clothing shop. In 2017, I opened up a mobile phone shop as well.
The extension was due in April 2018, but before that, the Home Office raided my accountant’s office and took his systems and everything. I needed some documents from the accountant but I couldn’t get them in time because of this situation. My solicitor wrote to the HO and told them the situation. We sent the documents later to the HO.
In August 2019 the HO interviewed me at one of my business places and I showed them everything they asked for including the invoices, card payment receipts, employment records, etc.
In the same month, I had an interview with the Police under caution and they told me that they are investigating the case of the accountant and they believe that he was involved in an organised attempt to facilitate illegal immigration and that I am the suspect in this case as well. I went in with my solicitor and we said that we were not involved in any such activity and that my employees were legit and I have proofs like conversations with the employees, maybe some CCTV recordings of them working, the people around the shops know that those employees used to work etc.
In December 2019 we varied the applications to ILR but we didn’t get any response after that as well.
In July 2020 my solicitor wrote a pre-action protocol letter to HO for the delay in the application as it’s been 28 months at that time and we don’t have a passport to travel he mentioned in the letter that it is affecting my business and personal life. The HO replied that there is an ongoing investigation going on in which I am a suspect as well, and CPS and the appointed counsel haven’t made any charging decision yet and that they can’t provide any timeframe for the application.
In October 2020 I contacted my MP and she got a letter from HO saying that they are doing some routine checks but they can’t provide any timescale.
I contacted another MP again and he got a similar kind of response from HO in August 2021 that they are doing the checks and can’t give any timescale. Also, they said that they can’t return my passport.
There is no update on the case with the CPS either for me or the accountant.
Now it has been 47 months since my passport is with the HO. My business has suffered great losses, especially in the last couple of years because the main supplier closed the business and it was really hard to find and trust someone online, eventually, I closed down the shop because I couldn’t run it this way.
My parents are sick as well and I haven’t seen them since 2014.
I was talking to one of my friends and told him about the business losses which happened because of this delay and he said that you can take HO in the county court for the financial losses and they have to justify this long delay because of which you have suffered not only financially but also psychologically.
My questions are below, please let me know what do you think keeping in mind the whole situation.
1. Can I and should I take HO to county court for the financial losses that happened because of their delay in the decision? Will it help speed up the ILR application?
2. Should I ask the solicitor to write another pre-action protocol letter and this time take the HO for judicial review?
3. What do you think is the best option for me in this situation?
Thank you.

If you are subject to a criminal investigation then you may face charges. So you cannot do much as far as I see it. The home office probably is waiting on CPS to act. If they choose to press charges, then UKVI will not get back to you until this goes to court and probably not until there is a verdict. I suggest taking specialist legal advice

Hello,

Sorry for the long read.
I came to the UK in Jan, 2015 on Entrepreneur Visa. In 2018, my accountant was raided by the HO as they believed that he is creating false employments for spouse visa. I applied for extension in 2018 but HO put my application on hold as they said they were doing investigation in this matter.
After 5 years I changed the application and applied for ILR instead, the HO put that application on hold as well. In the mid of 2023 I was charged by the CPS that I created 2 contrived employments and after sometime the HO after 5 years asked for additional documents and said that they want to make a decision on my case. My solicitor advised me to change the application as no matter what we will provide now, the HO will refuse the ILR on the basis of that charge. We changed the application for me, my wife and daughter to FLR (FP). My wife and daughter got their visa for 2.5 year but I haven't heard anything back on my application.
Regarding the case, the trial is in May, 2025. I have evidence that the employees were legit, there are phone records, facebook chats with employees, witnesses, etc to support my case.
My questions are that in Jan 2025, I have completed 10 years in the UK, so should I change my application and apply for ILR on 10 years route? Also, will it help if I go for fast track or do you think the HO will hold my application again until the outcome of the trial?
Secondly, my son was born in the UK and he is going to be 8 years. Should I apply for his ILR as he was born here and living here for over 7 years?
Lastly, if someone send me the links of the posts that which documents do I need for for ILR applications? I would be thankful.
Thanks

You have created a new account. Having two accounts is not allowed so your previous account is now deactivated.

You were advised is 2022 when you asked about as you see above. I told you that as you have a case with CPS, the UKVI will not advance your application until your case is concluded. Your case is a complex one as CPS has charged you for facilitating illegal immigration. Instead of thinking about compensation from UKVI, you should seek legal help in order to push CPS for answers. Without CPS closing or moving with your case, you probably have no path forward.

Your case is outside the scope of the immigration advice as your problem is not strictly immigration related. I do not believe that a PAP will help at all

Thanks, I couldn't login from the old account as I forgot the details.

When I was charged by the CPS, the HO wanted to make a decision but I change the application. I want to get an advice that should I apply for ILR 10 years route normal or fast track application?

virgo38uk wrote: ↑

Fri Jan 10, 2025 5:36 pm

Thanks, I couldn't login from the old account as I forgot the details.

When I was charged by the CPS, the HO wanted to make a decision but I change the application. I want to get an advice that should I apply for ILR 10 years route normal or fast track application?

Any other ILR application will face the same issue. UKVI will not grant ILR to someone who has an ongoing criminal case.

How about my son's ILR? Should I apply that?

Probably not eligible either.
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