FLR(O) Discretionary Leave waiting times ..??

ali90 · Post by **ali90** » Thu Sep 12, 2013 5:22 pm

EB1227 wrote:
ali90 wrote:
EB1227 wrote:
ali90 wrote:hi all i just wanted to know that after you have submitted further documents if request how long does it usually take to get a decision

and also some lawyer on tv said that if u call HO regularly to find out about your application they will get fed up and refuse you is it true or it depends if you are calling to get a update rather than writting letter straight to the caseworker
from the time thry asked for more documents to the time I received my bio card was 7 weeks I wkuld reccomend waiting about 4 weeks to see if thry get back to you and if they dont contsct your mp snd let them phone on ur behalf they will get more information out if them about the status if ur case

thanks what were your circumstances
@ali91 i was applying for a extension i was previously granted 3 years dlr based on family life in the uk my husband and 2 children are british when they requested more info it was for my familys passport and my husband proof of income and gp letters.usually when they request more info it is good news cause it means that they are considering your case so be postive there is good news to come your way very soon

hey i did receive the good news today granted 2.5 years stay

does anyone know how long till i can apply for ILR and i am british born so could i apply for citizenship or have to wait for ILR

EB1227 · Post by **EB1227** » Thu Sep 12, 2013 5:22 pm

ali90 wrote:Good news guys got call from my lawyer got my permit there with 2.5 years leave but with no public funds whichddon't matter to ne

congrats ali 90 and to everyone else who has been granted the home office seem to be picking up the pace finally

EB1227 · Post by **EB1227** » Thu Sep 12, 2013 5:27 pm

ali90 wrote:
EB1227 wrote:
ali90 wrote:
EB1227 wrote:from the time thry asked for more documents to the time I received my bio card was 7 weeks I wkuld reccomend waiting about 4 weeks to see if thry get back to you and if they dont contsct your mp snd let them phone on ur behalf they will get more information out if them about the status if ur case
It should tell you on the letter that the home office has sent you how many years you have to serve before you are edgible for your ilr congrats again

thanks what were your circumstances
@ali91 i was applying for a extension i was previously granted 3 years dlr based on family life in the uk my husband and 2 children are british when they requested more info it was for my familys passport and my husband proof of income and gp letters.usually when they request more info it is good news cause it means that they are considering your case so be postive there is good news to come your way very soon
hey i did receive the good news today granted 2.5 years stay

does anyone know how long till i can apply for ILR and i am british born so could i apply for citizenship or have to wait for ILR

ali90 · Post by **ali90** » Thu Sep 12, 2013 5:52 pm

my sister was refused in july do you think she can still do the reconsideration part ?

CrystalNewbie · Post by **CrystalNewbie** » Thu Sep 12, 2013 5:53 pm

EB1227 wrote:
ali90 wrote:Good news guys got call from my lawyer got my permit there with 2.5 years leave but with no public funds whichddon't matter to ne
congrats ali 90 and to everyone else who has been granted the home office seem to be picking up the pace finally

Congratulations...good news is welcome...all the best

verbina · Post by **verbina** » Thu Sep 12, 2013 7:14 pm

ali90 wrote:my sister was refused in july do you think she can still do the reconsideration part ?

I hope so. She should definitely write a reconsideration letter!! I mean, presumably your circumstances are pretty much identical, so how the hell can one case worker grant you a visa when some other blatantly refused hers....

hatchsead · Post by **hatchsead** » Thu Sep 12, 2013 7:41 pm

verbina wrote:
ali90 wrote:my sister was refused in july do you think she can still do the reconsideration part ?
I hope so. She should definitely write a reconsideration letter!! I mean, presumably your circumstances are pretty much identical, so how the hell can one case worker grant you a visa when some other blatantly refused hers....

It only goes to show that just about anything can happen in HELL OFFICE

yahwadud · Post by **yahwadud** » Thu Sep 12, 2013 7:52 pm

ali90 wrote:my sister was refused in july do you think she can still do the reconsideration part ?

.hello ali90.just a bit of info for you!.you can challenge home office at the court before 21 days of receiving yr grant letter if you believe you deserve to be granted an indefinite leave istead of 2.5 yrs 10 years route
AM talking from a personal experience. goodluck

yahwadud · Post by **yahwadud** » Thu Sep 12, 2013 7:58 pm

Just an advice to those of you who are still waiting for a decision of just recently granted 2.5 years visa.

Its very possible and advisable for an applicant to challenge Home Office if you think you deserve more than what you have been granted.but you have to do these before the deadline date that is written on your grant letter.

i wish you all good luck

SDP · Post by **SDP** » Thu Sep 12, 2013 9:07 pm

Congrats @Ali...your wait is over at last...hope you don't have to go through all these hassle for your next extension ...lets really hope and pray HO streamlines its procedures/system they work on.

ali90 · Post by **ali90** » Thu Sep 12, 2013 9:45 pm

yahwadud wrote:
ali90 wrote:my sister was refused in july do you think she can sdo the reconsideration part ?
.hello ali90.just a bit of info for you!.you can challenge home office at the court before 21 days of receiving yr grant letter if you believe you deserve to be granted an indefinite leave istead of 2.5 yrs 10 years route
AM talking from a personal experience. goodluck

Can they even end up cancelling the stay I have got? And what are the chances because I have solid proof of last 10 years in uk but then most of them has been as over stayer and what are theffees for it

I hhaven't recieved the letter yet and nor the document

yahwadud · Post by **yahwadud** » Thu Sep 12, 2013 10:36 pm

ali90 wrote:
yahwadud wrote:
ali90 wrote:my sister was refused in july do you think she can sdo the reconsideration part ?
.hello ali90.just a bit of info for you!.you can challenge home office at the court before 21 days of receiving yr grant letter if you believe you deserve to be granted an indefinite leave istead of 2.5 yrs 10 years route
AM talking from a personal experience. goodluck
Can they even end up cancelling the stay I have got? And what are the chances because I have solid proof of last 10 years in uk but then most of them has been as over stayer and what are theffees for it

I hhaven't recieved the letter yet and nor the document

.No matter what happen in court,your visa will never be revoke
fee is free if you decided to represent yourself in court

poketoholo · Post by **poketoholo** » Thu Sep 12, 2013 11:12 pm

Congrats! Ali90..more blessings in the future!

ali90 · Post by **ali90** » Fri Sep 13, 2013 12:28 am

yahwadud wrote:
ali90 wrote:
yahwadud wrote:
ali90 wrote:my sister was refused in july do you think she can sdo the reconsideration part ?
.hello ali90.just a bit of info for you!.you can challenge home office at the court before 21 days of receiving yr grant letter if you believe you deserve to be granted an indefinite leave istead of 2.5 yrs 10 years route
AM talking from a personal experience. goodluck
Can they even end up cancelling the stay I have got? And what are the chances because I have solid proof of last 10 years in uk but then most of them has been as over stayer and what are theffees for it

I hhaven't recieved the letter yet and nor the document
.No matter what happen in court,your visa will never be revoke
fee is free if you decided to represent yourself in court

Okay what about access to public funds can th be changed if I can granted ilr it be great

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 7:05 am

[quote="shareen24h"][quote="nilemarques"][quote="Shondra Sharma"]If it sounds too good to be true, it probably is.” I was optimistic last year at the apparent reintroduction of the 7-year rule. This followed the caselaw which in turn had followed the old policy of DP/5/96, which said that where a child had lived in the UK for seven years, it would not usually be reasonable to expect them to leave.

However, the reality of the situation has turned out to be less than ideal. The EX.1 part of Appendix FM is only applicable to those who also meet certain specified parts of the Immigration Rules – so, for example, UKBA are currently refusing applications where the applicant does not have ‘sole responsibility’ for the child and therefore cannot meet E-LTRPT.2.3 of Appendix FM which states that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK); or
(b) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Essentially, the interpretation of EX.1 being applied by UKBA excludes married or partnered parents from the policy. This seems like insanity: given that the rule is, according to UKBA’s own guidance, in existence in order to ensure that the rights of the child are respected, what does the marital status of their parents have to do with it? Are UKBA seriously suggesting that parents who apply jointly are excluded, thus encouraging them to divorce in order to ensure their child gets to continue in education?

The application of the rule seems to fly in the face of the purpose of it and also the guidance. Such decisions may also contravene Article 8 ECHR as applied outside Appendix FM. The only way to challenge is usually via judicial review. Needless to say, I’ve spent much of the last fortnight writing judicial reviews on this point.
Because of that our 7 year child application refused. Could you elaborate please?[/quote]

@ Shondra. What the HO are are doing is unlawful. They are only considering the parents application under 276ADE but are not even considering the children under 276ADE (iv) as far as I can understand from my refusal. They didn't even attempt to consider. I have written a reconsideration letter stating the obvious and hope to have them refuse my children under that context. In the meantime I am pushing for a removal decision.[/quote]

Hi Nile

As you are pushing a removal decision. If they issue removal decision what should be outcome or next step. if you don`t mind Please explain.[/quote]

@ Shareen! Wasn't online yesterday! Removal notice carries with it the right of appeal! Then we can escalate it to JR, courts and so forth. I hope that answers your question!

verbina · Post by **verbina** » Fri Sep 13, 2013 8:26 am

@nilemarques have you sent a reconsideration letter already and announced to enforcement and everyone else that you re not leaving right?

carrotcake · Post by **carrotcake** » Fri Sep 13, 2013 9:00 am

@Ali90 - When the HO requested for more documents for your application, what documents did they request for?

They requested for more docs for hubby two weeks ago and again received another letter this week asking for more different docs.

How many times did they send a letter to you?

majojo · Post by **majojo** » Fri Sep 13, 2013 9:02 am

yahwadud wrote:
ali90 wrote:my sister was refused in july do you think she can still do the reconsideration part ?
.hello ali90.just a bit of info for you!.you can challenge home office at the court before 21 days of receiving yr grant letter if you believe you deserve to be granted an indefinite leave istead of 2.5 yrs 10 years route
AM talking from a personal experience. goodluck

Hi seems there is a confusing here. Is u applied for partner/partner on 10 year route this is how it is ... Regardless how long you have stayed here you will be granted 2.5 and you have renew it four times then u can apply for idlr. But if you applied for the private life / family life that is when you will be giving idlr is you have stayed here for more thann10 years it says that in the appendix requirements so please guys don't get this confused

Shondra Sharma · Post by **Shondra Sharma** » Fri Sep 13, 2013 9:07 am

@nile my solicitor saying the same, no point to go for JR right now, just he send reconsideration letter, if home office put removal notice then you have a right of appeal, if home office won't issue removal notice, then go for a JR, JR IS FINAL STAGE

verbina · Post by **verbina** » Fri Sep 13, 2013 9:34 am

OMG!!! Every Friday I get proper butterflies in my stomach, no joke!!! I pray today brings us good news!!! Amen!

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 9:58 am

[quote="verbina"]@nilemarques have you sent a reconsideration letter already and announced to enforcement and everyone else that you re not leaving right?[/quote]

Morning Verbina, morning everyone!!!! Congrats to those who have succeeded in getting their leave. Those still waiting,good luck and to those who have been refused, hang in there!!

@Verbina, I have put in a reconsideration letter and "not going anywhere' to the person who made my decision and enforcement team e-mailed as well as a posted letter. So, its a sit and wait game now.

Guess now, I'll be avoiding public places where they might profile and pounce on me. Any news on your part??

verbina · Post by **verbina** » Fri Sep 13, 2013 10:02 am

nilemarques wrote:
verbina wrote:@nilemarques have you sent a reconsideration letter already and announced to enforcement and everyone else that you re not leaving right?
Morning Verbina, morning everyone!!!! Congrats to those who have succeeded in getting their leave. Those still waiting,good luck and to those who have been refused, hang in there!!

@Verbina, I have put in a reconsideration letter and "not going anywhere' to the person who made my decision and enforcement team e-mailed as well as a posted letter. So, its a sit and wait game now.

Guess now, I'll be avoiding public places where they might profile and pounce on me. Any news on your part??

Right, I see what you mean... gotta lay low for now... Well fingers crossed they get the message and use their brain for once to make a sensible decision.
Immigrant x have the app that supposedly warns users of any raids in public places.
Nope, all quiet down my end, no news at all , thank you for asking!!

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 10:13 am

[quote="Shondra Sharma"]@nile my solicitor saying the same, no point to go for JR right now, just he send reconsideration letter, if home office put removal notice then you have a right of appeal, if home office won't issue removal notice, then go for a JR, JR IS FINAL STAGE[/quote]

@Shondra. With the reconsideration letter, I think HO staff go to a "let them suffer in limbo" training course so I'm not really seeing them changing their mind. Probably same decision but this time with some reasons for my kids, albeit unlawful. My gut instinct tells me court is where they will get their comeuppance.

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 10:19 am

[quote="verbina"][quote="nilemarques"][quote="verbina"]@nilemarques have you sent a reconsideration letter already and announced to enforcement and everyone else that you re not leaving right?[/quote]

Morning Verbina, morning everyone!!!! Congrats to those who have succeeded in getting their leave. Those still waiting,good luck and to those who have been refused, hang in there!!

@Verbina, I have put in a reconsideration letter and "not going anywhere' to the person who made my decision and enforcement team e-mailed as well as a posted letter. So, its a sit and wait game now.

Guess now, I'll be avoiding public places where they might profile and pounce on me. Any news on your part??[/quote]

Right, I see what you mean... gotta lay low for now... Well fingers crossed they get the message and use their brain for once to make a [b]sensible [/b] decision.
Immigrant x have the app that supposedly warns users of any raids in public places.
Nope, all quiet down my end, no news at all , thank you for asking!!

[/quote]

Well, if they took 16 months to look at my application the first time, I don't see them looking at the reconsideration letter for a while yet.

Yeah, Immigrant X have one but I think that at the mo, its only available on the Android. Anyway,hang in there. We'll fight them to the end. Like boxer's, if they knock us down,we just need to keep getting up!

Shondra Sharma · Post by **Shondra Sharma** » Fri Sep 13, 2013 10:27 am

@nile thats true I am applying my child british citizenship in a month time, lets see what will happend? I hope it helps me to strengthed to my case.

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FLR(O) Discretionary Leave waiting times ..??