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Right to work Reinstatement after a negative ECS

General UK immigration & work permits; don't post job search or family related topics!

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

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Queenie
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FTT hearing dismissed

Post by Queenie » Sat Jul 28, 2018 9:31 am

Hi everyone.
I have received the FTT decision yesterday with regards to my appeal and it was dismissed 😭. I am now going to apply for permission to appeal to the UT. I am so stressed out with my ongoing visa battle.
Does anyone know how long it takes to get permission from FTT to appeal and what are the chances of being refused a permission to appeal from FTT to the Upper Tribunal?

Thanks in advance

Dupze
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Re: FTT hearing dismissed

Post by Dupze » Sat Jul 28, 2018 1:26 pm

Hi I'm sorry to hear about your appeal being dismissed can you please tell me how long did you wait to get the decision from the FTT. I just had my appeal 2 weeks ago at the FTT.

Queenie
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Re: FTT hearing dismissed

Post by Queenie » Sat Jul 28, 2018 10:22 pm

I had my hearing on the 17th of this month and received the decision by post yesterday.

phalanichi
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Re: FTT hearing dismissed

Post by phalanichi » Mon Aug 20, 2018 10:51 am

Queenie wrote:
Sat Jul 28, 2018 9:31 am
Hi everyone.
I have received the FTT decision yesterday with regards to my appeal and it was dismissed 😭. I am now going to apply for permission to appeal to the UT. I am so stressed out with my ongoing visa battle.
Does anyone know how long it takes to get permission from FTT to appeal and what are the chances of being refused a permission to appeal from FTT to the Upper Tribunal?

Thanks in advance
Hi Queenie,

Sorry to hear. may i know what was your case about.

Thanks,

Queenie
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Joined: Sat Jul 28, 2018 9:04 am
Philippines

Right to work Reinstatement after a negative ECS

Post by Queenie » Mon Mar 11, 2019 6:29 pm

Hi all.

It is a month today when my employer terminated my contract due to a negative ECS from the HO. I have an ongoing application for appeal to the UT. My solicitor got in touch with the HO however, until now we have not heard anything from the HO. Has anyone been into this predicament where there right to work has been reinstated and how long did they have to wait?
Thanks in advance.

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Frontier Mole
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Re: Right to work Reinstatement after a negative ECS

Post by Frontier Mole » Thu Mar 14, 2019 1:18 am

Was your visa extension application in time?

If not - That is one of the main reasons for ECS negative responses.

If it was in time then you should suggest another ECS is undertaken - assuming your employer wishes to re-engage you?

Do not expect the HO to be proactive an overturn a previous negative ECS without being chased... it will not happen.

Queenie
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Re: Right to work Reinstatement after a negative ECS

Post by Queenie » Fri Mar 15, 2019 9:09 am

We submitted my appeal application in time and my ECS for the past past two years all came back positive, it was only last month when it came back negative.

Are there any instances when HO does not overturn a previous negative ECS?

I have made an appointment to see my solicitor on wednesday to discuss what has been going on and any other options.

Thanks for your reply

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Frontier Mole
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Re: Right to work Reinstatement after a negative ECS

Post by Frontier Mole » Fri Mar 15, 2019 9:04 pm

Get your employer, if they are willing to do it again. The ECS process is not an automatic computer driven process, someone has to manually check your records and make a decision, therefore there can be human error.
If you are still subject to the appeal then nothing can or will change until your appeal is decided.

Have you had a hearing?

Queenie
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Re: Right to work Reinstatement after a negative ECS

Post by Queenie » Sun Mar 17, 2019 11:11 am

No hearing yet from the UT as I am still waiting for their reply to allow my appeal application. It's been 7 months now and have not heard from the UT.

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CR001
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Re: Right to work Reinstatement after a negative ECS

Post by CR001 » Sun Mar 17, 2019 11:24 am

What is your UK Immigration history?

What application did you submit that was refused?

What were the reasons for refusal?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Queenie
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Re: Right to work Reinstatement after a negative ECS

Post by Queenie » Sun Mar 17, 2019 12:51 pm

CR001 wrote:
Sun Mar 17, 2019 11:24 am
What is your UK Immigration history?

What application did you submit that was refused?

What were the reasons for refusal?
I applied for DV in 2016 which was refused, right after the refusal, I applied for AR which remained refused.
I had an ongoing divorce filed against my then husband.
I entered into a new relationship in January 2016 and re-married in December 2017

In August 2016, I submitted Family & Private life application as per my solicitor's advise.My partner has a six year old daughter who lives with him. This application reached FTT and my appeal was dismissed. We made an application to the FTT for an appeal to the UT but was again refused so we then applied to the UT for permission to appeal. We received the acknowledgement from the UT regarding receipt of the application but since then we have not heard anything from UT.

In the refusal letter from the FTT judge,he did not find the appellant a credible & reliable witness and that the appellant has developed a degree of private life in the UK and the appellant can continue adult relationships from outside the UK. My step daughter went into care after being missing twice. the judge said my stepdaughters interests are being protected by the Social work department.There is no doubt that her father is an important part of her care plan.I am not at all convinced that the appellant is.

The appellants father-in-law has been diagnosed with cancer and the appellant does not perform any significant care for her father-in-law.

There are no obstacles to the Appellants return to her country.Her family life would not be irreparably damaged.

The appeal has been dismissed under the Immigration rules and under Article 8 of the ECHR

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Frontier Mole
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Re: Right to work Reinstatement after a negative ECS

Post by Frontier Mole » Mon Mar 18, 2019 12:02 am

Assuming there was a dependent or spouse visa ending in 2016? When did that expire?
Looking at the immigration history you have supplied, I do not see how you can have the right to work at this time.

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