Reconsideration waiting time and JR

[ALI97]

Hi Diehard

They ask me to send passport withen ten days of thier reconsiderations letter.....my solicitor advice me to send BRP card otherwise after few days HO will request BRP card as well so I send passport and BRP card .to save time...I still have valid tier 1 visa upto 2017.
But last time u told that u give them two weeks time to Ts and ask them to issue visa or deside on same day service.
did u agree ow for reconsideration.
Its two weeks now I sent my passport and my solisiter told me that my be reconsideration take 4 to 08 weeks as H O already admit thier mistake
can pray only.

[diehard]

Hi Ali, yes I was offered reconsideration within 3 months , for that they asked me send application form plus passport plus my biometric card, everything again without the fees, but I have refused and waiting for tsol reply in 2 weeks. thats why i wanted to check
if they usually only ask for passport or for the form again. as u know ilr form and doucmentation is quite too much.
hope u get yours soon , keep us posted

[ALI97]

Good afternoon Obie., Diehard, Miangee

Good news regarding my case ...today I received my ILR application. Thanks all especially Obie who give me good advice after refusal

Case histry

Peo refusal 24 october
sent PAP letter on 01 November. ..got response of PAP on 10 November home office agree for reconsider my case and request to send passport
Passport resubmit 11 November 14
ILR APPROVED DATED 20 NOVEMBER. ...passport and BRP received today.

[Obie]

That is a wonderful news. congratulations, and best wishes for the future.

[ALI97]

thanks Obie

[diehard]

Congrats Ali, well done

[Miangee]

Hi
Ali great news congratulation
Pray for me I am still waiting after sending PAP let see but I have send pap myself without solicitor but with full of evidences that prove HO made wrong decision.
So I don't know it will work or not

[Miangee]

Hi
Just want to share yesterday i have received a letter from PAP department saying that as HO have received you reconsidered request so they will contact you in one month time with out come of your request.
I am afraid they send me this letter instead of admit their mistake as it's clear that as my wife was applied flr m before 5 April so she should be consider in old rules
PAP letter even does not effect them they do what they want to do and there is only one day left to pass the 3 months period for JR now so there is no other choice then hope for best for reconsideration only now

[Obie]

You have to put JR.

If they come back and refuse, you will be unable to put JR , and you will have difficulty convincing the court to extend time.

[diehard]

Hello all
I have received 4th letter from treasury solicitor and they want me to withdraw jr , in return they want me to re submit the ILR application again and they will decide in 2 months time, they say thats the final offer. can someone pl advise if i should accept it?
Obie?

many thanks

[Obie]

Worst than previously thought.

Re - submit an ILR again and paying another fee and possibly another rejection.

Makes no sense. What is the point of a JR then.

How about you'd costs?

[diehard]

Hi Obie, they do not want me to pay fee again, just re submit the same application as I did with same documents ..sounds strange as I think they have not kept a copy of my previous application ..also they have agreed to pay legal costs ..to be accessed if not agreed. its says.

[Obie]

Very strange. Rules have also changed a bit, so you will be best advised to guarantee legal certainty as to which rule it will be assessed under.

[diehard]

Can you please advise which rules as I cant see any differnce in the SET m form /guidance which i filled in jan 2014? i wouldnt worry if they asked just for my passport but the say they will pass the application to a fresh case worker to consider.

[Miangee]

Hi diehard if they are asking u to apply again without fees then u can take chance as u no gonna loose anything except two months wait but choice is yours only
But in my wife case as they said to me they will contact me for my reconsideration in one month time so I have no option other than wait for that.
as JR is not worth I have spoken to solicitor for jr it will cost me same as ILR fees again also my wife will complete her ten years in this 29 months variation of leave which they given her after refusing ILR
I just want to know in reconsideration HO will say yes or no for what we have claim or they will considered everything again and will make new decision and may ask for further documents and may cancel the variation leave as well in revenge as I made complaint and sent them PAP too.

[diehard]

Hi Miangee
I know it is tough choice for you but dont think that they will take revenge if u complaint/gor for JR. I have made complaints before and been to judge in my previous application, it does not affect u in anyway. I personally think you should go for JR as HO can take ages to re consider and even then not do the job properly. As regards to cost the only cost is £140 till the judge makes a decision on paper.
As for my case I have decided to let it go to the judge as my case is strong. when they can give same day decisions to premium fee payers why should i give them 2 months more when there is absolutely nothing to reconsider.

[Miangee]

Hi diehard yes u r rite should go fo JR but can u tell me where to send and whats procedure and how long it will take
and ca i send jr myself without solicitor as he asking me too much and if u could share or send me any templete letter on my email=miansonsltd@gmail.com
i have only one day left to pass three months
so plz help if u could thanks

[Obie]

Your case is strong and I believe you will be able to get your cost refunded to you when you succeed.

I don't know which area you reside, but if it is London , I could assist , as there is a realistic prospect of success.

They were clearly wrong.

[Miangee]

Hi obie
i am in London but thing is this i have only one day left as i was appeared in croydon on 6th september i was just waiting that they will accept mistake with letter only but i was wrong
anyways what is this 140.00 cost one i can. Go with that if. I know where to send and procedure as i believe it will be same like reconsideration letter with all relevent rules and explanation
just need guide line

[ALI97]

hi obie
as you now i got ILR after PAP letter.
once you suggested that i can claim peo fee from home office as they not give me right decision on same day
and i also paid 500 pound to solicistor as well for pap letter .
my query is can i claim peo fee and solicitor fee from home office .i spoke to my solicitor he replied that we cannot ask home office for any reimbursement.

[diehard]

Hi Miangee
if u go to this link https://www.justice.gov.uk/tribunals/im ... ial-review, u need to print and fill the form T480 , it is quite simple. fill the form and send a cheque of £140 in favour of HMCTS ( which stands for her majestys court and tribunals ervices)---post it at Upper Tribunal (Immigration and Asylum Chamber), IA Field House, 15 Breams Buildings, London, EC4A 1DZ .
if need any help in filling the form let us know
it is very quick and u can expect a reply from treasury solicitors ( which are sols for home office) within a week .

[Miangee]

Hi thanks for your great help
Just want to know if JR application accept for hearing and they send dates for hearing three four months after can I travel abroad during my JR application pending as HO was given 29 months spouse visa in variation after refused ILR. And I have put reconsideration request as well
Is their any effect on JR application if we go for holiday for two weeks as I have booked tickets already when appears in Croydon any senior comment plz

[diehard]

Hello guys
can someone please advise me how to claim costs if HO has agreed to pay . i dont have much to claim just the judicial review fees. many thanks

[Obie]

You can do a cost schedule.

A litigant in person can claim cost in the same way as a solicitor, just at different rates.

[diehard]

Thanks Obie