application before 9th july decided by new rules

[rioses]

hi All,

I made an application outside the rules FLR(O) in June 2012 under compelling and compassionate grounds.
My application was refused based on the new rule.
The UKBA stated that on the 12th June 2012,the secretary of state announced changes to the immigration rules and those changes were used to give me a refusal decision,even though my acknowledgement letter was received on the 2nd of July 2012.

my solicitor wants to resend the application hilighting on the fact that my application falls under the old rules.
I've lived in the UK for over 8 yrs and my wife and 2 kids joined me three yrs ago.the last one was born in the UK 18 months ago.
What are my chances?

[Lucapooka]

I made an application outside the rules FLR(O) in June 2012 under compelling and compassionate grounds.
My application was refused based on the new rule.?

Yes, of course, because applications made outside the rules are, by definition, not subject to the immigration rules, they are subject to the prevailing policy for applications made outside the rules which, unlike an application within the rules, would not see those conditions carried over to applications made before the date of the change but decided after the date of change. You can't cite the old rules because the old rules never applied to you in the first place. Your application was considered under the current policy for such applications on the date of the decision and really has nothing to do with what policy used to apply on the date you applied.

[diggingdeep]

You can try and send for reconsideration as you have nothing to lose.

What does refusal letter says? The ground of your application was it only compassionate and compelling circumstances? It is pretty hard to win on the those grounds.

Have conversation with your solicitor to ascertain whether your might be eligible under new rule article 8 family and private life.

[rioses]

My ARTICLE 8 application was refused in April last year.
I was sent a letter to report with My wife at Dallas court.We could
not attend the first appointment b'cos the letter was sent to our previous address,
however, we eventually received the letter and went to report at the second appointment.

We were asked to report once every three months.

We have no outstanding application as yet.

Can someone who has gone through this please advise me on the pros and cons in this regard.

Thanks