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<p>It is the Secretary of State’s policy to defer a decision on a leave to remain
application where there is a criminal prosecution pending, as the outcome is likely
to be material to the decision on that application.</p><p>How long an application
from a person with a pending prosecution recorded against them must be held undecided
will depend on what stage the criminal proceedings have reached, and when the relevant
criminal justice system is in a position to resolve it. In the majority of cases where
a prosecution outcome is awaited, and the outstanding application cannot be refused
under the Immigration Rules as it stands on the basis of existing evidence, it may
only be resolved once the court case is concluded. Where a person has valid leave
when they make an application, their existing immigration status is preserved pending
resolution of the application for further leave.</p>
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