ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

FLR(O) Discretionary Leave waiting times ..??

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Tue Jun 10, 2014 10:02 pm

Shondra Sharma wrote:@al haqq I think 5 days is over home office appeal in your case. You will get a BRP soon. God bless.
@Shondra Sharma

I believe it is 5 working days and the date of the decision was 6th although the court case was on the 4th. Till Friday then.

Thanks all the same.

And by the way have you put in those new applications.

Shondra Sharma
Senior Member
Posts: 641
Joined: Mon Jul 01, 2013 9:13 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Shondra Sharma » Tue Jun 10, 2014 10:08 pm

@al haqq Yes I did last week, I was hanging around so many weeks, I couldn't make an new application because of finance. Finally god listen. Lets hope for good.

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Tue Jun 10, 2014 10:17 pm

Shondra Sharma wrote:@al haqq Yes I did last week, I was hanging around so many weeks, I couldn't make an new application because of finance. Finally god listen. Lets hope for good.
We pray and hope they behave more sensible this time.

God's time
Newly Registered
Posts: 17
Joined: Sun Jun 08, 2014 4:06 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by God's time » Tue Jun 10, 2014 10:18 pm

Good evening Al Haqq. Thanks for all your help. Still can't read my inbox as am not authorised to do so. Hang in there, surely victory is yours.

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Tue Jun 10, 2014 10:31 pm

God's time wrote:Good evening Al Haqq. Thanks for all your help. Still can't read my inbox as am not authorised to do so. Hang in there, surely victory is yours.
Yes, I just realised. Maybe it has to do with how long you have been a member. Thanks for the support.

helpme123
Newbie
Posts: 36
Joined: Thu Aug 08, 2013 7:40 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by helpme123 » Tue Jun 10, 2014 11:58 pm

Thanks Al Haq and shondra, Al haq i am sorry i could not get clearly . if one has refusal with right of appeal , and she wants to go first tribunal for in person appeal then you have 10 working days for appeal or your hearing will be in 10 working days.
i am sorry i hope you get my query

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Wed Jun 11, 2014 4:48 am

helpme123 wrote:Thanks Al Haq and shondra, Al haq i am sorry i could not get clearly . if one has refusal with right of appeal , and she wants to go first tribunal for in person appeal then you have 10 working days for appeal or your hearing will be in 10 working days.
i am sorry i hope you get my query
@ helpme123
I meant you have to put in your appeal application within 10 days if you are given a right to appeal on refusal. This should be written on the letter you received.

The actual appeal/hearing will take place on a further date which they will send to you.

Actual hearing of a appeal -
1.this could be paper hearing(in this case you send all your evidence/ documents and the judge will decide on this without you appearing in person

or

2. When you appear in person/represent (I believe also oral ) to defend your self.

I hope this makes it clearer and I have not confused you more :)

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Wed Jun 11, 2014 5:32 am

This may be of interest to those with BP.
https://uk.news.yahoo.com/putting-price ... ml#bLpJVVy

Keisha
Member
Posts: 217
Joined: Fri Nov 23, 2012 2:38 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Keisha » Wed Jun 11, 2014 12:39 pm

@Rina...may God fight this battle for you.Did you apply for an oral hearing?If you don't mind,could you please recap your story....Thanks.JR is making me nervous....*sighs*

helpme123
Newbie
Posts: 36
Joined: Thu Aug 08, 2013 7:40 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by helpme123 » Wed Jun 11, 2014 12:53 pm

@Al Haq thanks it is more then clear now :) thank you

ThisYear
Member
Posts: 103
Joined: Mon Jun 03, 2013 10:40 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ThisYear » Wed Jun 11, 2014 1:43 pm

Hi ALL forum family.....Shondra, elastep, Believe, Dapsonlee, icehouse, es2013, Godgives, winners, Kukuwife and sorry if I missed your name....onelove :D

Congrats to those recently granted their visa, commiserations to those refused it only means one more hurdle to cross. We will not be denied in the end.

@rina, yes a removal order will generate a right of appeal. Although I have not received one but that is what was on the letter I received from the TSOL when they asked that I withdraw my request for JR.

@Alhagg...I pray that your determination will be crowned with success soon.

I'm yet to hear back from the HO as the 3 months period is now over last week and their letter stated they will make a decision within 3 months. My question is, should I call/write my caseworker(saw the name on the consent letter sent by TSOL? My solicitor says I should wait, which is frustrating as I really do have to start earning some money and not knowing if the decision will be a positive one is another headache :x
FLR(O) private life/parent of BC
App sub - Feb2012
Contact HO - Feb2013
Further info requested - Apr2013
Decision - Refused Nov2013
JR - Dec2013
JR withdrawn - Mar 2014
JR Sealed - Jun 2014
Granted - Aug 2014

winners
Member
Posts: 120
Joined: Wed Oct 17, 2012 7:22 pm
Location: LONDON

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by winners » Wed Jun 11, 2014 2:01 pm

ThisYear wrote:Hi ALL forum family.....Shondra, elastep, Believe, Dapsonlee, icehouse, es2013, Godgives, winners, Kukuwife and sorry if I missed your name....onelove :D

Congrats to those recently granted their visa, commiserations to those refused it only means one more hurdle to cross. We will not be denied in the end.

@rina, yes a removal order will generate a right of appeal. Although I have not received one but that is what was on the letter I received from the TSOL when they asked that I withdraw my request for JR.

@Alhagg...I pray that your determination will be crowned with success soon.

I'm yet to hear back from the HO as the 3 months period is now over last week and their letter stated they will make a decision within 3 months. My question is, should I call/write my caseworker(saw the name on the consent letter sent by TSOL? My solicitor says I should wait, which is frustrating as I really do have to start earning some money and not knowing if the decision will be a positive one is another headache :x
@This year,

Have faith and believed you will be granted after reconsideration,

Remember 'Faith is the substance of things hoped for and evidence of things not seen"

Think positive
No Man on Earth should glorified Himself
All Glory Must be to thy Lord

ThisYear
Member
Posts: 103
Joined: Mon Jun 03, 2013 10:40 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ThisYear » Wed Jun 11, 2014 2:47 pm

Many thanks @winners, Lord forgive me....



winners wrote:
ThisYear wrote:Hi ALL forum family.....Shondra, elastep, Believe, Dapsonlee, icehouse, es2013, Godgives, winners, Kukuwife and sorry if I missed your name....onelove :D

Congrats to those recently granted their visa, commiserations to those refused it only means one more hurdle to cross. We will not be denied in the end.

@rina, yes a removal order will generate a right of appeal. Although I have not received one but that is what was on the letter I received from the TSOL when they asked that I withdraw my request for JR.

@Alhagg...I pray that your determination will be crowned with success soon.

I'm yet to hear back from the HO as the 3 months period is now over last week and their letter stated they will make a decision within 3 months. My question is, should I call/write my caseworker(saw the name on the consent letter sent by TSOL? My solicitor says I should wait, which is frustrating as I really do have to start earning some money and not knowing if the decision will be a positive one is another headache :x
@This year,

Have faith and believed you will be granted after reconsideration,

Remember 'Faith is the substance of things hoped for and evidence of things not seen"

Think positive
FLR(O) private life/parent of BC
App sub - Feb2012
Contact HO - Feb2013
Further info requested - Apr2013
Decision - Refused Nov2013
JR - Dec2013
JR withdrawn - Mar 2014
JR Sealed - Jun 2014
Granted - Aug 2014

rilakuma
Newly Registered
Posts: 9
Joined: Wed May 29, 2013 10:23 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by rilakuma » Wed Jun 11, 2014 3:58 pm

Good Day to all!
Just want to share and find out if anyone in here are going through Judicial Review. My solicitor received the consent order from the Tsol, that they are reconsidering my application but I have to withdraw my JR. He advised to withdraw it. It says as well in the letter that a result would be within 3 months.
I actually do not know if that is a wise move because that does not guarantee that I wont get refuse again and I feel like if that happens I have wasted a lot of time and effort.
I initially applied for a spouse visa (wife is british citizen) but under FLR O since my previous visa has expired 14 days (Dec. 2012) before we got married.

here is my timeline
FLR O application: January 8, 2013
Biometrics: February 2013
REfused:September 27, 2013 (that was my birthday :(
PAP sent: October 2013
JR filed: December 23, 2013
Consent order was given June 9, 2014

rina
Member of Standing
Posts: 302
Joined: Wed Sep 25, 2013 2:27 pm
United Kingdom

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by rina » Wed Jun 11, 2014 4:40 pm

Has anyone represented themselves at an oral hearing for JR? Also has anyone been to one? please contact me ASAPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP.

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Thu Jun 12, 2014 12:46 am

ThisYear wrote:Hi ALL forum family.....Shondra, elastep, Believe, Dapsonlee, icehouse, es2013, Godgives, winners, Kukuwife and sorry if I missed your name....onelove :D

Congrats to those recently granted their visa, commiserations to those refused it only means one more hurdle to cross. We will not be denied in the end.

@rina, yes a removal order will generate a right of appeal. Although I have not received one but that is what was on the letter I received from the TSOL when they asked that I withdraw my request for JR.

@Alhagg...I pray that your determination will be crowned with success soon.

I'm yet to hear back from the HO as the 3 months period is now over last week and their letter stated they will make a decision within 3 months. My question is, should I call/write my caseworker(saw the name on the consent letter sent by TSOL? My solicitor says I should wait, which is frustrating as I really do have to start earning some money and not knowing if the decision will be a positive one is another headache :x
Hi, thanks for the prayer.
Yes, they sometimes go over three months. I will suggest you give them a couple of weeks then you insist that your Lawyer should contact them. I believe this is good practice since they requested for 3 months and it is over. I will strongly suggest you insist that your lawyer should contact them. Lawyers will sometimes try to discourage you but I think it is justified to follow up in your situation.
However this does not mean that they will grant or refuse you.
Good luck.
Hopefully there silence will mean consent.

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Thu Jun 12, 2014 12:51 am

rilakuma wrote:Good Day to all!
Just want to share and find out if anyone in here are going through Judicial Review. My solicitor received the consent order from the Tsol, that they are reconsidering my application but I have to withdraw my JR. He advised to withdraw it. It says as well in the letter that a result would be within 3 months.
I actually do not know if that is a wise move because that does not guarantee that I wont get refuse again and I feel like if that happens I have wasted a lot of time and effort.
I initially applied for a spouse visa (wife is british citizen) but under FLR O since my previous visa has expired 14 days (Dec. 2012) before we got married.

here is my timeline
FLR O application: January 8, 2013
Biometrics: February 2013
REfused:September 27, 2013 (that was my birthday :(
PAP sent: October 2013
JR filed: December 23, 2013

Is this all you were offered, or were you also offered a right of appeal in case of a refusal. If this is not included then I am not sure this is a good bargain.I will suggest you discuss the details with your solicitor, that is if you have not already accepted the offer.
Hopefully all will turn out well for you.
Consent order was given June 9, 2014

Al Haqq
Member
Posts: 188
Joined: Mon Apr 15, 2013 11:29 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Al Haqq » Thu Jun 12, 2014 12:59 am

rina wrote:Has anyone represented themselves at an oral hearing for JR? Also has anyone been to one? please contact me ASAPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP.
@rina,

Hi there, I have not been at an oral hearing for a JR, but I will advise that you should not scare yourself. When you get to that hurdle you will jump it successfully.

This might be helpful,

Prepare your documents neatly in a file.
Write a statement of what you will say in case the judge request you to say whatever you want.
Be prepared to give good legal reasons for not wanting to return to your country.

Do not stress yourself. You should remember that the JUDGE, HO LAWYER, are all human like you and you probably even well equipped that them in many aspect. So once again keep your faith in God.

Finally, I have of known of Barristers stepping in for clients at last minutes especially JR.

Good luck, we hope it all comes out well.

rilakuma
Newly Registered
Posts: 9
Joined: Wed May 29, 2013 10:23 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by rilakuma » Thu Jun 12, 2014 8:32 am

@Al Haqq
Yes that is all they have offered and it was the suggestion of our solicitor to accept their terms. I did asked the solicitor to call the TSol and make them agree that if in any case that they refuse me again they'll give me a right for an appeal but Tsol refuse to give us that. They said that my situation is not applicable for a right to appeal since I filed my initial application with an expired visa. So I was left with no choice but just to accept the consent order. Now, I am worried that I made a wrong choice. Felt like I juSt thrown all the time and effort I have put on this.
Solicitor is confident that my application is strong but I've been burned and learned my lesson on that one (first solicitor said that one as well and look where it got me).
I wonder what is the percentage for applications going through JR then reconsideration gets refuse? Do you know?
Thank you so much.

Believe2013
Member of Standing
Posts: 420
Joined: Tue May 28, 2013 7:26 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Believe2013 » Thu Jun 12, 2014 10:38 am

Good morning. @Al haqq thanks for answering Rina' q's

When you were asked to withdraw your JR, did they offer you your fee back? Well if they did, unequivocally its fantastic news. However, not to want to sound alarmist here, but I would be all too wary of their intentions as this maybe a ploy to catch you out. Furthermore, they have declined to guarantee you a right of appeal perhaps its' not standard procedure of the Tsol to offer one. It's' very hard to know what they are thinking, very unpredictable as they persistently and consistently flout the law and seem to get away with it. Well as your lawyer pointed out he/she has argued the case strongly and they fancy their chances so you should go with that. Good luck and all the best to you
“I am not a saint unless you think a saint is a sinner who keeps trying"

ThisYear
Member
Posts: 103
Joined: Mon Jun 03, 2013 10:40 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ThisYear » Thu Jun 12, 2014 1:09 pm

Al Haqq wrote:
ThisYear wrote:Hi ALL forum family.....Shondra, elastep, Believe, Dapsonlee, icehouse, es2013, Godgives, winners, Kukuwife and sorry if I missed your name....onelove :D

Congrats to those recently granted their visa, commiserations to those refused it only means one more hurdle to cross. We will not be denied in the end.

@rina, yes a removal order will generate a right of appeal. Although I have not received one but that is what was on the letter I received from the TSOL when they asked that I withdraw my request for JR.

@Alhagg...I pray that your determination will be crowned with success soon.

I'm yet to hear back from the HO as the 3 months period is now over last week and their letter stated they will make a decision within 3 months. My question is, should I call/write my caseworker(saw the name on the consent letter sent by TSOL? My solicitor says I should wait, which is frustrating as I really do have to start earning some money and not knowing if the decision will be a positive one is another headache :x
Hi, thanks for the prayer.
Yes, they sometimes go over three months. I will suggest you give them a couple of weeks then you insist that your Lawyer should contact them. I believe this is good practice since they requested for 3 months and it is over. I will strongly suggest you insist that your lawyer should contact them. Lawyers will sometimes try to discourage you but I think it is justified to follow up in your situation.
However this does not mean that they will grant or refuse you.
Good luck.
Hopefully there silence will mean consent.
Thanks @Al Hagg, I'll give it a few more weeks.
FLR(O) private life/parent of BC
App sub - Feb2012
Contact HO - Feb2013
Further info requested - Apr2013
Decision - Refused Nov2013
JR - Dec2013
JR withdrawn - Mar 2014
JR Sealed - Jun 2014
Granted - Aug 2014

ThisYear
Member
Posts: 103
Joined: Mon Jun 03, 2013 10:40 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by ThisYear » Thu Jun 12, 2014 1:16 pm

I was asked to withdraw my JR and give them 3 months to reconsider on the premise that if the decision is not positive it will generate a right of appeal IN COUNTRY. Also, they agreed to pay my costs. However, the 3 month limit has elapsed and I'm yet to get a reply so it is back to the waiting game.

I agree with Al Hagg that your solicitor should have insisted on you getting at least right to appeal, but seeing that you are married to a BC, it could work in your favour. I pray it does.

rilakuma wrote:Good Day to all!
Just want to share and find out if anyone in here are going through Judicial Review. My solicitor received the consent order from the Tsol, that they are reconsidering my application but I have to withdraw my JR. He advised to withdraw it. It says as well in the letter that a result would be within 3 months.
I actually do not know if that is a wise move because that does not guarantee that I wont get refuse again and I feel like if that happens I have wasted a lot of time and effort.
I initially applied for a spouse visa (wife is british citizen) but under FLR O since my previous visa has expired 14 days (Dec. 2012) before we got married.

here is my timeline
FLR O application: January 8, 2013
Biometrics: February 2013
REfused:September 27, 2013 (that was my birthday :(
PAP sent: October 2013
JR filed: December 23, 2013
Consent order was given June 9, 2014
FLR(O) private life/parent of BC
App sub - Feb2012
Contact HO - Feb2013
Further info requested - Apr2013
Decision - Refused Nov2013
JR - Dec2013
JR withdrawn - Mar 2014
JR Sealed - Jun 2014
Granted - Aug 2014

rilakuma
Newly Registered
Posts: 9
Joined: Wed May 29, 2013 10:23 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by rilakuma » Thu Jun 12, 2014 1:17 pm

@Believe2013
No, the offer was just
- the claimant do have leave to withdraw the above numbered claim for judicial review
- there be no order as to costs.
As my solicitor said, they can only offer a right to appeal to applicants who have kids born here or you have filed your initial application within the time period of your visa.
TSol responding after 9 months is indeed a fantastic news, but the terms they have offered somehow makes me feel in the losing end. I don't have any idea if the person reconsidering the application will be as incompetent as the previous one who can't follow their own ruling or be thorough enough to see that everything their looking for is there.
Anyway, thank you very much.
Good luck and I hope everything will turn out well for everyone :)

rilakuma
Newly Registered
Posts: 9
Joined: Wed May 29, 2013 10:23 am

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by rilakuma » Thu Jun 12, 2014 1:37 pm

@ThisYear
My solicitor said that he argued but they pointed out that I don't qualify for a guaranteed right to appeal (expired visa and no british kids). I do hope everything goes well for you and it wont be too long you'll have the positive result.
Thank you very much.

Believe2013
Member of Standing
Posts: 420
Joined: Tue May 28, 2013 7:26 pm

Re: FLR(FP) and Discretionary Leave to Remain timelines

Post by Believe2013 » Thu Jun 12, 2014 3:16 pm

@This year please excuse my lacklustre in failing to acknowledge your greetings! It was unintentional. Well if 3 months have elapsed you are within reason to give them a kick up the backside' wouldn't we all love to, given the opportunity!!!! You are extremely close to freedom! If i hear one more lawyer say oh just wait until they get in touch.... I will burst into .......tears lol - they haven't got the slightest idea of what we face day in and day out! Somethings you just have to do on your own accord! Sounds like a mini rant but not intended it to be! Now to the less mundane things....They are denying me my freedom but they can't stop me from watching the world cup! I am supporting all the teams but one! I suppose they better leave the engine of the plane running, they will be back home soon!
Last edited by Believe2013 on Thu Jun 12, 2014 6:09 pm, edited 2 times in total.
“I am not a saint unless you think a saint is a sinner who keeps trying"

Locked