Confused between FLR or PBS

[vinny]

Agree.

Unfortunately for the OP, her MP seems unable to act; perhaps due to the lack of someone knowledgeable to explain the obvious errors in the curtailment decision to him. With respect to the 3 solicitors that she mentioned, if the curtailment caseworker had been rationally interpreting the Immigration rules and guidance, then this curtailment decision also would never have occurred. If these 3 solicitors cannot understand this, then it may be unsurprising that her MP couldn't easily understand the situation either.

The curtailment caseworker/team have maintained the unlawful action.

[HIS888UK]

The two MPs I had approached did the same at first, ministerial code was preached to me saying they "cannot help people get visas" [MP's caseworkers].

It's not hard to explain that you don't need them to do anything except to forward your [legal Rep's] correspondence / email to the Home Office.

If anyone is to make claims against the H.O, I'm sure my clients would love to be added to the list. Two template curtailment letters and two template reinstatement letters (all from different 'teams') leads me to believe these are not isolated mistakes at all!

[vinny]

We have had a few reports of similar curtailments.

Are these caseworkers really so badly trained?

Or are they purposely making these unlawful decisions because there are no rights of appeal nor AR?

Given the 3 solicitors' remarks, I suspect that they are just badly trained. Hopefully, that can be more easily fixed, by providing more quality training.

[HIS888UK]

The same for call centre handlers and even Some PSC caseworker's too. My partner came back with a client from Liv PSC yesterday... Two of the four hours spent there was waiting for a caseworker to clarify whether a UK Masters degree falls within the definition of 'UK degree'. When she couldn't find herself the answer after much tapping on her screen, she had to turn the a senior (desk behind her), whom looked at the certificate, nodded and simply said 'yes, for Tier 2 that's fine!'...

FYI, there's two particular caseworker's in Liv PSC that we dread because of lack of training (or just extremely slow / nearly always needing further docs / can't understand what the documents are telling them)...

[vinny]

Two of the four hours spent there was waiting for a caseworker to clarify whether a UK Masters degree falls within the definition of 'UK degree'. When she couldn't find herself the answer after much tapping on her screen, she had to turn the a senior (desk behind her), whom looked at the certificate, nodded and simply said 'yes, for Tier 2 that's fine!'...

She was probably searching for the UK NARIC's confirmation that the given UK Master's degree was the equivalent of a UK Master's degree...

[HIS888UK]

... Even though it had been accepted by a previous application? It's a good thing we asked the client to bring it with her (just in case we got one of these two caseworker's). BTW, the same caseworker whom informed us previously because our client wasn't being paid enough according to SOC XXXX because £££ / 53 WEEKS, his wages did not meet the requirements... At least the Seniors had more common sense and rescinded her 'final decision'.

We find providing a cover letter, detailing the application is a waste of time... They don't read it at Liv.

[Obie]

I believe it is deliberate. There is no change in the rules that justifies this.

Everyone understands that if the PBS migrant changed their path to ILR, by applying under the long residece provision, then this will have an implication on the dependants.

However when path to ILR was not changed, there can be no justification.

[vinny]

Deliberate or not, this unlawful curtailment practice should be stopped.

Karl's threat of complaint to Parliamentary and Health services ombudsman does not seem too extreme.

[Obie]

Deliberate or not, this curtailment practice should be stopped.

Karl's threat of complaint to Parliamentary and Health services ombudsman does not seem too extreme.

Well Vinny it does not look like it will stop, and with the language of the new 2015 immigration bill, it may get worst, as people who resist , will have their visa curtailed and told to appeal from overseas.

It is hard to comprehend such state of lawlessness. Blatant disregard for the rule of law.

[vinny]

I think that the removal of rights of appeal in general, unless under human rights grounds, and denial of in-country rights of Appeal, encourages some UKVI's decision makers to disregard the rule of law.

[Obie]

At present, the system is in chaos . These legislative provisions help compound this chaotic state of affairs .

[vinny]

Yes. The more complicated the rules and legislative provisions are, the more chaotic state of affairs will follow.

[HIS888UK]

I think that the removal of rights of appeal in general, unless under human rights grounds, and denial of in-country rights of Appeal, encourages some UKVI's decision makers to disregard the rule of law.

I wholeheartedly agree!

[mabhang]

Hello guys,
Its just sad to see so many people facing this issue!
We too received the letter today from Home Office Curtailment Department saying they have reinstated my leave.
We had decided to apply my visa from here in India. We had collected all the documents. For some of them we had to pay! We paid £500 in advance to the solicitor which I doubt are refundable.
And the added headache/worry/tension we went through was another thing. Complete waste of time and money!
I completely agree with Obie! we should take legal action or seek damages for legal cost incurred.

[HIS888UK]

Four months to resolve such a straight forward issue?...

It costs nothing to ask your solicitor to verify whether you are entitled to any (partial) refund if instructions are not completed as agreed.

[kiran3313]

Hi guys, ive been following this post from past one week as i was in the similar situation. I've got a news to share which im sure would help people falling into the same situation.

I had ILR in Feb 2015 and my wifes Tier 2 General dependent visa valid until April 2016 has been curtailed to Jan 2016. This was notified in the form of a curtailment letter. However, in 2 weeks time i received another letter saying it was curtailed in error and that original visa is reinstated with immediate effect, valid until April 2016.

No tension, i am very relaxed now

[HIS888UK]

Kiran3313 can you let us know which team issued the original curtailment letter? Much obliged.

Karl

[kiran3313]

That's the curtailment team I suppose.

From address reads:
UK Visas & Immigration
PO Box 99
Manchester
M90 3WW

This is the address I posted a letter querying the curtailment even before I received the second letter.

[HIS888UK]

That's the main address for NW curtailments (and a few other teams)... look to the bottom of the letter, where it's signed. Below the signature, it should read Team XXX, Tier 2 / Tier 4 Curtailments.

[kiran3313]

You are correct, 'From' in the letter reads -

Tier 4 curtailment team
UK Visas & Immigration

[mabhang]

Hi guys is there anyway to seek compensation for this wrong decision made by home office? We are sending them a letter letting them know we went through mental as well as financial problems due to their wrong decision and that their apology cannot repair that.
Is there any other way to approach?
Let me know your thoughts and suggestions.

Thank you.

[vinny]

Forlorn hope:

Money matters, and if mistakes and bad behaviour cost money then the hope is that positive change will follow. It is sometimes referred to in immigration circles as ‘polluter pays’. Given the lack of personal accountability for the officials who make mistakes and behave badly, though, this is perhaps a forlorn hope.

Home Office wins appeal against award of £125,000 damages.

[vinny]

Hello guys,
Its just sad to see so many people facing this issue!
We too received the letter today from Home Office Curtailment Department saying they have reinstated my leave.
We had decided to apply my visa from here in India.

However, I think that it would be reasonable for you to claim refunds on the UKVI's charges relating to your unnecessary entry clearance application, if you had already paid.

3. Circumstances in which a refund may be justified - maladministration
3.1 If an error amounting to maladministration is made by the UK Border Agency, there is a legal obligation to take suitable remedial action. Where a fee is involved, we should take such action as may be necessary to ensure that the applicant is not disadvantaged financially by the error. In some circumstances, there may be alternatives to refunding the fee. A refund should be authorised only if there is no alternative remedy. Some examples of maladministration are:
...
Misleading Advice by the UK Border Agency – Erroneous, unclear or incomplete advice or written guidance

3.1.3 An applicant has been given misleading advice by the UK Border Agency. In any cases of this sort, there will need to be supporting evidence. If it is alleged that the incorrect advice was given by the Immigration Enquiry Bureau (IEB), a transcript of the conversation must be obtained from IEB to determine if a refund is appropriate. Other factors should also be taken into account, such as any relevant information on the UK Border Agency website or in the application form (or accompanying guidance notes).

[mabhang]

Hi Vinny,
Thanks for your replies.
We have sent a letter back stating all the expenses incurred in the past two months because of their mistake.
We didn't pay any application fees; we have paid an advance solicitor fees and spent some on documentation (UKNARIC and TB test).
Lets see if home office takes any action on that.

Thank again.

-Anuja