review OR reconsideration

[syeda]

HI

I Want to know that is there any cases successful after applying for reconsideration for ILR on workpermit basis . refusal was on the grounds of ..... days overstayed . can Ho reverse their decision after refusing .please if anyone was successful share your experience.

[IMMIGRATION LAWYER]

You can ask for a reconsideration but it is just a fiction.

You have been given the right of appeal under s82(1) NIAA 2002.

Use it.

Once we delt with such a case.

Unfortunatley, lost at the AIT and further at the High Court...

[syeda]

Thanks for reply.

u applied for reconsideration what did Ho said.u applied for workpermit .
on what grounds u applied for reconsideration.( compassionate or ?)

[katrina]

hi

Well it depends on the merits of the case .( How strong is the case )Iam attaching this link of victoria her cases for reconsideration was successful and even HO reply back within 4 weeks or 5 weeks .http://www.immigrationboards.com/viewto ... sideration.
They are many cases whose appeals has been allowed .one was of my friend .but they will reconsider if the case is straight forward clear and supported with strong new evidence.

[William Blake]

But does anyone know how long they are taking at the moment to complete reconsideration?

And what do they check / reconsider. Do they do the exact same checks as with the original application or something else?

Also in particular can they refuse on new grounds or is it the case that if the original refusal grounds are discredited they have to grant leave? For example if the sole refusal ground given is a previous out of time application and it is pointed out that it is the date of posting that should be considered as the date of the application could Home Office now try to find another ground to refuse on or are they now duty bound to grant the leave?

[syeda]

hi.

AS far i know you have to send letter to Ho stating why you dont agree with their statement (notice of refusal) and when i called Ho they said i can send new evidences ( this is for ILR 5 or 10 yrs )
workpermits reviews they already published everything on their site . But there is nothing mention about this general reviews .
when you call Ho they said it will take 25 days and again if you call them they will say no timescale as soon as decision is made . even i am into it to find out the procedure for reviews .please if anyone gone through can they write it .it will be highly appreciated .

[William Blake]

Also I would like to know can an application for reconsideration result in a removal notice?

In the reconsideration I understand that UKBA is limited to considering the merits of the original decision. Could they somehow say we have reconsidered and think that the initial refusal is warranted and furthermore
you must now leave the UK.

In my case the original refusal decision said I was not required to leave the UK.

[jei2]

They won't issue you with a removal notice simply for requesting a reconsideration.

If ILR isn't granted on reconsideration and you have not been required to leave then you will simply have to work towards the residence requirements again.