advice needed on letter to UKBA!!

[masterpeas]

Hello guys I sincerely need some help and advice please

I've been waiting for over a month since receiving the Judge's decison after the tribunal. gladly home office didnt against the judge's decision on my case within 5 days. while sadly the Judge left the final determination open to home office as stated in his letter.

The Judge allowed my appeal by saying "The appeal is allowed insofar as the Respondent's decison is not in accordance with the law and the decision therefore remains outstanding before the Respondent."

I dont know what I can do except endless waiting... I am not sure whether it is a good idea to chase UKBA about my appeal status as I worry that would push them too hard to turn things unfavourable to me.

Could someone kindly give me some ideas or share some experience if by any chance someone is also waiting like me? Please share some thoughts about how to write the letter to UKBA in the politest way if necessary??

any advice would be very much appreciated!!!!! thanks a lot in advance guys!

[geriatrix]

Having read your previous posts on the subject, it appears that the judge, while allowing your appeal on P395C, had clearly dismissed your appeal on P245C (which deals with Tier 1 (General) eligibility criteria). Also, the judge had put the ball in UKBA's court if they wished to reconsider their decision / re-assess your application in light of the tribunal judgement. In other words, the decision of the appeal in this case does not make it mandatory for UKBA to grant you leave to remain.

the appeal in relation to P245C of the immigration rules is dismissed. The appeal is allowed insofar as the Respondent's decision is not in accordance with the law and the decision therefore remains outstanding before the respondent.

You should, therefore, write to UKBA enquire if they are willing to reconsider or have reconsidered their decision. Do note that though the judge had requested that UKBA should reconsider their decision he left it to UKBA whether they should or not.

[masterpeas]

thank you very much sushdmehta. really appreciate your explanation.

It seems my situation doesnt look that positive though. It could mean that I wait endlessly for a bad news to come...very daunting!

Could you please give me some help or suggestion about what is the best way to write the letter to UKBA to illustrate my situation and request the determination for my case?? I am quite nervous now to write even a single word... I feel its like a dilemma, to do or not to do

please help, I could not find any suitable reference on the internet about this kinda letter. Thank you all guys, very grateful!

[masterpeas]

Having read your previous posts on the subject, it appears that the judge, while allowing your appeal on P395C, had clearly dismissed your appeal on P245C (which deals with Tier 1 (General) eligibility criteria). Also, the judge had put the ball in UKBA's court if they wished to reconsider their decision / re-assess your application in light of the tribunal judgement. In other words, the decision of the appeal in this case does not make it mandatory for UKBA to grant you leave to remain.

the appeal in relation to P245C of the immigration rules is dismissed. The appeal is allowed insofar as the Respondent's decision is not in accordance with the law and the decision therefore remains outstanding before the respondent.

You should, therefore, write to UKBA enquire if they are willing to reconsider or have reconsidered their decision. Do note that though the judge had requested that UKBA should reconsider their decision he left it to UKBA whether they should or not.

I still havent received any single response from UKBA, waiting for 3 months after the Judge's decision. What's wrong....

I even dont know what address should I write to? as on my hearing, the rep from HO even said they didnot receive my bundle as they were moving office...why not informing all but still using the old address on all papers, I should say they never care!

Good man here, please help what I can do...I just wrote a letter to first tier tribunal to request my appeal status. God bless they would reply to me.