General UK immigration & work permits; don't post job search or family related topics!
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jannahjewel
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by jannahjewel » Fri Feb 29, 2008 8:49 pm
Hi guys,
My MP has written to the Home Office twice since the introduction of Case Resolution to ask that my hubby's asylum matter be dealt with. Both times the standard reply has been sent back saying there is no indication when it will be looked at etc etc
However I came across the guidelines on this site re: when to expedite a case, and hubby falls under this as he has never had an initial decision on asylum case (applied April 2004)
MP has now written again to request case be looked at under the "when to expedite a case" policy. Can anyone tell me what this will mean now?
1) Will case definitely be expedited or is this down to HO discretion?
2) Are expedited cases normally given leave to remain?
3) How long should this take?
4) Why was the 'standard' non priority letter sent the first two times when hubby falls within their own guidance?
5) Has anyone on this board applied for their case to be expedited?
Hubby is from Iraq, has worked full time for 2 years, has a mortgage jointly with me (Northern Rock - sums it all up!) and we've got two children together. That might not be relevant - but I think his clear ties to the UK might through Case Resoultion be enough to allow him to stay as criteria seems more relaxed than previously. We also have marriage, human rights and DP3/96 applications outstanding.
Regards.
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salimnina
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by salimnina » Fri Feb 29, 2008 10:01 pm
I asked my MP too and got a standard letter which doesn't really say much, actually it says that i might stay or removed but no time scale, i guess they go by priority and we're not wish could help with some more but again no one nows ts a grey area...(sorry my hey board ls golng funny agaln can't wrte further)
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Paulsmith
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by Paulsmith » Fri Feb 29, 2008 10:33 pm
You should tell your MP to write in his letter that your husband has never received a decision and refer to the guidance on the BIA website "case resolution programme exceptional circumstances and prioritizes".
Is your husband receiving asylum support?
There is no guarantee that your husband will be granted leave to remain. It only means they will make a decision (if they decide to expedite the case). The decision could be to refuse or grant him asylum.
Your husband does fall within the category of exceptional circumstances but not under the normal priorities(I suppose). You have to ask them to consider your case as an exceptional case.
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jannahjewel
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by jannahjewel » Fri Feb 29, 2008 11:25 pm
salimnina - hope your case gets a positive and thanks for the reply. Hope your keyboard learns to behave for you too!
Paul Smith - thanks for the reply. Yes our MP has written exactly what you stated about referring to their guidence so fingers crossed. I get what you mean about not falling within their other priorities ie, families, those easy to removal, criminal issues and the other one which I can't remember.
No my husband has only ever received NASS support for around 6 months, we then married and I supported him for a while until he got permission to work. On the scale of things one would expect this to be a positive but it this case it is likely to be a negative as I gather the cases that are costing the most money (ie families) etc may be being looked at first. I work for a local authority and that is what the asylum support team seem to be eluding too.
He does fall within the exceptional circumstances but can the BIA refuse to expedite the case on the grounds that he doesn't meet the other priorities?
Also, hubby has not recieved a questionnaire, but I think recent FAQ's state not all cases will (just for information)
Thanks
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Paulsmith
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by Paulsmith » Fri Feb 29, 2008 11:48 pm
BIA case resolution programme exceptional circumstances and priorities:
"The exceptions listed in Table 1 apply to ALL cases and in order to fall within the exceptions listed in Table 1 a case need not be within one of the defined priorities."
It really depends now on how quick the HO reply to your MPs letter. How long did it take before? mostly people get a reply within 2-4 weeks.
The CRP was introduced in april 2007. It took them more than 6 months to reply? The document on BIA website is online since beginning of December.
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salimnina
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by salimnina » Sat Mar 01, 2008 12:26 pm
Hi,
My MP wrote twice to them and we got eventually a reply, but again it was a simple and formal one, may be if you insist a bit then ( add more info in to why you want it to settle such as kids and stuff) hopefully they will say something, also if you ask for your SAB (send a cheque for £10 to the BIA, let me know if you need the address, there are some threads in this forum regarding how and where) file that might explain where and how your case has been dealt with...all in all, wish you all the best, I know how it feels like...
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Gsoni
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by Gsoni » Sat Mar 01, 2008 7:45 pm
Hello,
jannahjewel and salimnina could might tell me how long it took until the HO replied to your MPs letter?
thanks
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jannahjewel
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by jannahjewel » Sat Mar 01, 2008 7:54 pm
Hi, about 3/4 weeks from asking the MP to write, so that factors in time for MP to write and send letter, and then for MP to forward BIA's reply to us. A month max.
We requested SAR last year it is didn't prompt any action. They ended up sending half the information that we've sent them so whether the rest has all been lost who knows?
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salimnina
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by salimnina » Sat Mar 01, 2008 11:34 pm
about the same tme too all the best by the way what s SAR?
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vinny
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by vinny » Sat Mar 01, 2008 11:43 pm
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given
links for further information. Refer to the source of any quotes.
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jannahjewel
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by jannahjewel » Mon Mar 03, 2008 8:53 pm
I'll update you when the MP writes back, thanks everyone.
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johnboy096
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by johnboy096 » Tue Mar 04, 2008 7:00 pm
jannahjewel wrote:I'll update you when the MP writes back, thanks everyone.
Good Luck Jannahjewel, I hope it all gets resolved Inshallah!
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jannahjewel
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by jannahjewel » Wed Apr 02, 2008 9:48 pm
Hi just to let you know we got a reply from Home Office this week via MP, with regard to the request to expedite our case due to not having received an inital decision.
Reply stated along the lines of the file is now in Liverpool with the other case resolution files, and we have to wait blah blah ... but, interestingly;
"We would be interested to know which website the expedite-details came from as they are obviously causing some misunderstanding" err,, hello?! Weren't they their own guidelines? It clear states a caseworker should expedite a file where someone does not an inital decision?
Just thought I'd update you.
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gagamel
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by gagamel » Thu Apr 03, 2008 9:43 am
jannahjewel wrote:Hi just to let you know we got a reply from Home Office this week via MP, with regard to the request to expedite our case due to not having received an inital decision.
Reply stated along the lines of the file is now in Liverpool with the other case resolution files, and we have to wait blah blah ... but, interestingly;
"We would be interested to know which website the expedite-details came from as they are obviously causing some misunderstanding" err,, hello?! Weren't they their own guidelines? It clear states a caseworker should expedite a file where someone does not an inital decision?
Just thought I'd update you.
hi!!
What did they say they r waitin for!!? iam exactly in the same situation -- they told me that my case is being lookedm after by a case resolution team in liverpool...
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Gsoni
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by Gsoni » Mon Apr 21, 2008 8:53 pm
is their anyone who contacted the Home Office regarding their case being prioritised because of their exceptional circumstances and received a standard reply from the HO?