DLR complications

[Azhaar]

Hi everyone,

i would like a quick advice please.

on the 15th of June my Partner's solicitor sent a FLR(O) application to the home office for DLR under human right article 8 and best interest of a child.

by mistake the copies of the application and documents were sent,
2 days they sent the original

so we recieved 2 different acknowledgement letters with 2 different ref numbers.

the home office took the money for the copies application
and when the originals went they tried to take the money but there was insuficient funds.

2 days ago the application with all the original documents were returned stating that there was a problem with the payment.


we have a problem now

1- the money has gone for the copies one -
2- the solicitor wants to reapply under a new application and the new rule will apply.
unfortunately under the new immigration rule, there is no DLR for human right cases.

I dont know what can be done..

we are so worried.

my daughter is british and I am a settled person.

her dad is illegal and we would like him to stay with us.


please help


thx

[asim72]

First of all it sounds like your solicitor is really dumb who made a mistake by sending copies, and then did a dumber mistake to send the originals set too.
Now he wants to do another mistake and apply once more. I would say the guy is an idiot. The easiest way would have been to just send the page with declaration and signature, and explain the whole thing in a covering letter, rather than sending the whole application again.

Anyways, if they have taken the payment of the copied application, then its fine. They might pick on the point that signatures need to be original, but then they might just accept it and decide on the basis of whatever you have provided.

If they somehow decide that your copied application is invalid and return it to you, then you will have to send the application again. But wait till they send it back, that is if they do this at all.

Now the most important bit. For you there is no old rules as such. DLR applications before 9th july were considered outside the rules. So it follows that there can be no "old rules" for an application which is/was outside the rules to begin with. It is home office policy that any pending DLR applications which are decided on or after 9th july will be dealt with under the new rules. Even if you had applied 6 months ago, and it was decided on or after 9th july, it will still be considered under new rules.

[ajmal]

Hi everyone,

i would like a quick advice please.

on the 15th of June my Partner's solicitor sent a FLR(O) application to the home office for DLR under human right article 8 and best interest of a child.

by mistake the copies of the application and documents were sent,
2 days they sent the original

so we recieved 2 different acknowledgement letters with 2 different ref numbers.

the home office took the money for the copies application
and when the originals went they tried to take the money but there was insuficient funds.

2 days ago the application with all the original documents were returned stating that there was a problem with the payment.


we have a problem now

1- the money has gone for the copies one -
2- the solicitor wants to reapply under a new application and the new rule will apply.
unfortunately under the new immigration rule, there is no DLR for human right cases.

I dont know what can be done..

we are so worried.

my daughter is british and I am a settled person.

her dad is illegal and we would like him to stay with us.


please help


thx

Send your original documents with first application reference number again and explain in covering letter about mistake of Soliciator

Secondly report your soliciator conduct to Law society and when Law Society reply comes send that reply to home office.

This is purely professional negligence and should be reported immediately to Law society

[asim72]

In my humble opinion, there is no need to send the so called original. Just wait to see if UKBA come back. There are no deadlines that could be missed. The applicant's legal status won't be put under jeopary if the application is returned as invalid, as he has no legal status to begin with.

[justice12]

[quote="asim72"]First of all it sounds like your solicitor is really dumb who made a mistake by sending copies, and then did a dumber mistake to send the originals set too.
Now he wants to do another mistake and apply once more. I would say the guy is an idiot. The easiest way would have been to just send the page with declaration and signature, and explain the whole thing in a covering letter, rather than sending the whole application again.

Anyways, if they have taken the payment of the copied application, then its fine. They might pick on the point that signatures need to be original, but then they might just accept it and decide on the basis of whatever you have provided.

If they somehow decide that your copied application is invalid and return it to you, then you will have to send the application again. But wait till they send it back, that is if they do this at all.

Now the most important bit. For you there is no old rules as such. DLR applications before 9th july were considered outside the rules. So it follows that there can be no "old rules" for an application which is/was outside the rules to begin with. It is home office policy that any pending DLR applications which are decided on or after 9th july will be dealt with under the new rules. Even if you had applied 6 months ago, and it was decided on or after 9th july, it will still be considered under new rules.[/quote]

You still talking without any knowledge ! have you got any evidence that's they will decide applications made before 9th july under the new rules ? they can't just turn the clock and ignore the case law do you understand .

(you applied on or after 9 July 2012 to come to the UK or for permission to stay here for the 10-year family route, or for permission to stay here on the 10-year private life route and that permission was granted, you will need to be in the UK for 10 years before you can apply for settlement. You will initially be given leave to enter for 2 and a half years, and then you can apply for three more periods of 2 1/2 years.)

[asim72]

I am still talking without knowledge? Really? Do you think so?

Well, I am talking with all the knowledge, and what I have mentioned is the current policy. If you are smart enough to find where this information exists, then find it. I am not going to quote and post anything I know just to prove a point to an amateur who just trawls the net and pretends to know the real deal.

And what case law are you on about?

Which clock is being turned in this particular case?

There is no caselaw that suggests that UKBA must forever give a particular kind of status to everyone.

Pre 9th july DLR was given outside the rules on case to case basis, and there was no hard and fast express written policy as such. And from a very recent high court judgement, UKBA is entitled to change their position in such cases.

Now the question is, which high court judgement am I talking about? Which recent case is it? Where exactly in the long complicated judgement is this point mentioned by judges?

Well, I ain't going to tell you that. If you have any knowledge about interpreting complex judgement, you will work it out yourself.

[Azhaar]

thank you very much for your answers and opinons,

we'll wait and see if they require the original signatures but defenitly they will require the passport,

i know its so silly what happend

i have spoke to the HO, they keep giving diffferent opinons everytime u talk to a different adviser.


i will let you know if there is any news.

all what matters now that whether there is new rule or there isnt, i just want my child's father to be here with us.

thank you asim72 and justice12. i think both of your advise is correct in some way. the home office gave me similar advices.

one said that i have to wait to hear from the case work team to whether they require additional documents or return the application for being invalid.

another said to send a cover letter with all the originals and explain what happend.

all application made before or after july 2012 for DLR, has been always outside the immigration rule. so the only difference now that if they accept the application it will only be 2.5 years visa instead of 3.