slightly confusing decision..settlment visa

[kaloul]

hi o recive a lettre from my solicitor and im so confused
the entry clerance refused my applivation on november 2011 and they give me the right to appeal .. we won the appeal on may 2012 the the home office appeal against the jugd decision then we go to court again in last september but the judg didnt make decision ..
thats what the lettre say ...

-the Senior Immigration Judge has decided that the original decision of the Entry Clearance Officer was made so badly with so little regard to the guidance and the fact that you had left the United Kingdom voluntarily that a fresh decision from them is needed. Whilst this is slightly frustrating, the Senior Judge has given a clear message to the Entry Clearance Officer that it is important that jay left the United Kingdom voluntarily, had been advised to seek Entry Clearance by the Home Office, and that you have been found to have genuine family life together.



I need to wait 10 working days for the decision of the Senior Tribunal to be final. I will then e-mail the Entry Clearance Office with detailed further representations about your case in the hope that this will lead to a quick positive decision.



If the decision is positive then Entry Clearance will be issued. If the decision is negative then a fresh appeal can take place although obviously we would not want this to happen given the lengthy nature of the current proceedings.

i recive this lettre on04 october and my solicitor told me the homme office didnt appeal to the court and the 10 days is over ..

if somone he understand he can help me .. please ..thank you

[kaloul]

any help please ...

[kaloul]

i really i want to know please ..

[harv]

Help does not come in minutes of posting a question. I would say you keep patient and allow some hours to let the members of the forum read your post first.

Best of luck

[kaloul]

hope someone he can tell me what i can do

thank you .

[Franko]

I think your problem here is your situation is a little unusual and you question is a little unclear, as to what you actually want to know. It seems your paying for the services of an immigration lawyer have you asked him to clarify what the situation is? he should be best placed to know the details of your case and what is going on? after all isn't that why your paying him?

[kaloul]

I think your problem here is your situation is a little unusual and you question is a little unclear, as to what you actually want to know. It seems your paying for the services of an immigration lawyer have you asked him to clarify what the situation is? he should be best placed to know the details of your case and what is going on? after all isn't that why your paying him?

yes thats true may thank you ..i call him and he stiil dont know

[kaloul]

I think your problem here is your situation is a little unusual and you question is a little unclear, as to what you actually want to know. It seems your paying for the services of an immigration lawyer have you asked him to clarify what the situation is? he should be best placed to know the details of your case and what is going on? after all isn't that why your paying him?

hi i recive this letre from my solicitor today ..

I understand how frustrating it is for the two of you that we still do not have a final decision in jay case to grant him Entry Clearance.



I confirm that the legal position is that the Upper Tribunal has made a decision that the original decision of the Entry Clearance Officer was unlawful because it did not take into account any of the guidance about encouraging people with immigration difficulties to return home to apply for visas when they were in genuine relationships. The Upper Tribunal decided that the decision was so bad that the Entry Clearance Officer should start again and make a fresh decision. The Upper Tribunal gave a very clear hint to the Entry Clearance Officer that the application should be granted, but without expressly saying so.



The position is therefore that the Entry Clearance Officer should now make a new decision. It is difficult to give a precise timescale for this but based on experience I feel that it should take no more than around six weeks. If I do not hear anything within the next two weeks I will make further representations directly to the Officer for them to speed up and reach a positive decision. The best case scenario is that we will have a grant of a Visa before Christmas in which case no further cost or delay will result, and jay will be finally reunited with you in the UK.



The worst-case scenario is that there could be a longer delay before a new decision and that decision could be to refuse the application again, in which case there will be a further right to appeal and the new appeal will need to be brought, taking many months as before. Obviously I hope that this will not happen in view of the delay and the cost that would be involved in this. I will do everything possible to prevent this.



I will report to you again in two weeks but if you have any questions in the meantime please do not hesitate to contact me.



Yours sincerely

[geriatrix]

In simple words, Tribunal has directed the ECO to make a new decision. Do not assume that this new decision will be an approval only. It can be a refusal (again).

No one can comment on the possibility of either without knowing the actual reason(s) for refusal of entry clearance.

[Franko]

If the judge doesnt agree whith the decision why didnt he just over turn it? whats the point in waiting all that time for a hearing date just for the judge to bounce it back? it doesnt seems to serve any purpose except to keep the applicant waitng longer.

[kaloul]

If the judge doesnt agree whith the decision why didnt he just over turn it? whats the point in waiting all that time for a hearing date just for the judge to bounce it back? it doesnt seems to serve any purpose except to keep the applicant waitng longer.

yes thats true may i dont understand why im waiting and still waiting

the problem i dont know how long i need to wait its been now nearly 3 month but still nothing from the homme office

hope to hear good news soon

[kaloul]

In simple words, Tribunal has directed the ECO to make a new decision. Do not assume that this new decision will be an approval only. It can be a refusal (again).

No one can comment on the possibility of either without knowing the actual reason(s) for refusal of entry clearance.

the reason for refusal was about 320.11 ..

[kaloul]

hello everyone

from 04.10.2012 till today

i didnt recive anything from the home office or court or my solicitor
i call my solicitor few times and all he said he send a lettere to home office and stil didnt hear nothing from theml

mycase so complicated i dont know what to do

[kaloul]

hello eevryone

from 04.10.2012 till today 10.04.2013 i didint hear anything from the home they didnt say yes or even they refused me ..26 weeks now and nothing

my lawyer send them more then 10 lettre and no answer from the home office ..my local mp contacting them twice and still nothing
all im doing is WAITING WAITING WAITING

INCHALAH ALLAH WITH US

[vinny]

See also Ara (successful appeal – no entry clearance) Bangladesh [2011] UKUT 00376 (IAC) and PS (paragraph 320(11) discretion: care needed) India [2010] UKUT 440 (IAC) (28 September 2010).

[kaloul]

hello ....to much time to wait

my case is taking so so long ...i dont belived from 04.10.2012 till today 30.05.2013 no news no yes opr evn no

my wife contact the MP and the mp send few emails to the home office....

Dear -------- this was on 06.03.2013

I am still waiting to hear back from the UKBA, despite chasing them. Unfortunately the team are overseas and it seems to be taking a while longer than we expected.
As soon as I have some news, I will be back in touch.



Many thanks,

Regards
Teresa

Sent: Monday, 13 May 2013, 10:10

I chased this up last Thursday. Apparently the case is still with the Entry Clearance Manager and the Home Office have requested a further update.

I will come back to you shortly.

Kind regards,
Teresa

[kaloul]

hello ...any one here for some advice please

I will appreciate your help and guidance.

Thanks

[pennylessinindia]

hello ...any one here for some advice please

I will appreciate your help and guidance.

Thanks

You are employing a legal adviser seek information from them. Your case is clearly complicated and you have given so little information that it would be hard for anyone here to give you any better help than your adviser.

[kaloul]

SALAM ALKOUM hello every one here


after 27 month fightng with home office i got my visa today stamepd in my passport 27 month ..i was illegal migrant in uk and i use frude idendity and fraud passport and fake credit card i did all staff in uk . bt no crimianl record ..


i wish every body the best luck and just have faith and all wi sorted

RAMADAN KARIM S

[/i]