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

[nilemarques]

[quote="Shondra Sharma"]@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.[/quote]

@Shondra. Good on you. Put in a reconsideration and wait for your child's 10th. It will defo strengthen you're case.

[tei123]

morning guys,called to check the progress and after the lady checked my details i was put on hold for abt 2mins,she later came back and said no decision has been made yet and that i ve to carry on waiting till i hear from them so i went on to ask if my application has been look at or is just in a queue she said she can confirm it has been looked at but they ve not come out with a decision yet.mmmmm this waiting really sucks






Date Applied: 27/09/2012
Date Received at HO: 28/09/2012
Date of Ack. Letter from HO: 08/10/12
BioMetric Letter: 21/2/13
Biometrics Done:27/02/2013.
Return of Docs: Waiting
BRP : Waiting

[verbina]

morning guys,called to check the progress and after the lady checked my details i was put on hold for abt 2mins,she later came back and said no decision has been made yet and that i ve to carry on waiting till i hear from them so i went on to ask if my application has been look at or is just in a queue she said she can confirm it has been looked at but they ve not come out with a decision yet.mmmmm this waiting really sucks






Date Applied: 27/09/2012
Date Received at HO: 28/09/2012
Date of Ack. Letter from HO: 08/10/12
BioMetric Letter: 21/2/13
Biometrics Done:27/02/2013.
Return of Docs: Waiting
BRP : Waiting

morning hun ! yeah, I know the feeling!!! Waiting waiting waiting is sooo debilitating!!!

[Believe2013]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means to bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

[verbina]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

Its not even that, its the conflicting info one gets!! You can speak to one person and they tell you one thing, then you phone back ten min later and speak to a different person that tells you the opposite!! Frustrating!!!

[Believe2013]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

Its not even that, its the conflicting info one gets!! You can speak to one person and they tell you one thing, then you phone back ten min later and speak to a different person that tells you the opposite!! Frustrating!!!

Hi Verbina,

I was telling Dasponlee the other day that I was bored and decided to ring the enforcement number supplied in my refusal letter and played a bit of reverse psychology with them... Oh I rang the generic number 08706 and was told to ring you and the very kind lady (unusual, I know) laughed and said I was about to give you the same number too. Anyways she was able to look into my file and tell me everything including the JR process I am undertaking and she said 'I hope things work out for you' and wished me luck before we concluded the call. Well it did put a smile on my face as she was so pleasant and warm very rare hey! Well, i think leaving people in limbo is got to be up there with sleep deprivation. it bloody hurts......

[verbina]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

Its not even that, its the conflicting info one gets!! You can speak to one person and they tell you one thing, then you phone back ten min later and speak to a different person that tells you the opposite!! Frustrating!!!

Hi Verbina,

I was telling Dasponlee the other day that I was bored and decided to ring the enforcement number supplied in my refusal letter and played a bit of reverse psychology with them... Oh I rang the generic number 08706 and was told to ring you and the very kind lady (unusual, I know) laughed and said I was about to give you the same number too. Anyways she was able to look into my file and tell me everything including the JR process I am undertaking and she said 'I hope things work out for you' and wished me luck before we concluded the call. Well it did put a smile on my face as she was so pleasant and warm very rare hey! Well, i think leaving people in limbo is got to be up there with sleep deprivation. it bloody hurts......

Mmmm maybe she was new or something... Im sure she s been since thoroughly brainwashed into a soulless zombie freak, programmed to parrot on the same rubbish to every caller: bla bla your app is with a caseworking team , we cant give you no time frame, you have to wait!!!
Grrr makes my skin crawl!!!

[Call me dude]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means to bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

@beleive 2013,u are correct.it realy sad the way they are milking us.i just called this morning and was told my application is still under consideration.im on my 10th month now.getting depressed everyday.

[shareen24h]

[quote="nilemarques"][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![/quote]

Hi Nile

Thank you for response. What about the PAP before reconsideration or JR for you.

[SDP]

morning guys,called to check the progress and after the lady checked my details i was put on hold for abt 2mins,she later came back and said no decision has been made yet and that i ve to carry on waiting till i hear from them so i went on to ask if my application has been look at or is just in a queue she said she can confirm it has been looked at but they ve not come out with a decision yet.mmmmm this waiting really sucks






Date Applied: 27/09/2012
Date Received at HO: 28/09/2012
Date of Ack. Letter from HO: 08/10/12
BioMetric Letter: 21/2/13
Biometrics Done:27/02/2013.
Return of Docs: Waiting
BRP : Waiting

Mine is same timeline as yours !

[summer2013]

thanks everyone for all the support all i would say is that this forum helped me alot especially with replies to HO because when they asked for more documents someone on here told me to attach all the policies with it that i come under and that seem to have helped so thanks to that person whoever it was. i have won this without my lawyer he just send the application but the main work was done when they request more documents. my case was more harder to win than my sisters so i guess it also depends on the caseworker too.

no one should give up . because if i can get the stay with me being over stayer from 2001. then everyone else can aswell.

just got one query tho haha. i got the permit but how do i get the passport lol like if i have to go to different country in europe or anywhere

Congratulation Ali, im happy for you!!

[nilemarques]

[quote="Believe2013"]Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means to bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......[/quote]

@Believe2013. I rang them on a Thursday and I was told that the file is not yet completed and Lo and Behold, I receive a package a couple of days later!

[Believe2013]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means to bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

@Believe2013. I rang them on a Thursday and I was told that the file is not yet completed and Lo and Behold, I receive a package a couple of days later!

Nile don't be surprised there was a guy that was sent a refusal letter and a few weeks later he received a letter granting a visa and a biometric card followed - nothing surprises me with the Home office now.

[verbina]

Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means to bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......

@Believe2013. I rang them on a Thursday and I was told that the file is not yet completed and Lo and Behold, I receive a package a couple of days later!

Nile don't be surprised there was a guy that was sent a refusal letter and a few weeks later he received a letter granting a visa and a biometric card followed - nothing surprises me with the Home office now.

Hahaha! Yehhh I think I remember him!!!

[11akb]

morning guys,called to check the progress and after the lady checked my details i was put on hold for abt 2mins,she later came back and said no decision has been made yet and that i ve to carry on waiting till i hear from them so i went on to ask if my application has been look at or is just in a queue she said she can confirm it has been looked at but they ve not come out with a decision yet.mmmmm this waiting really sucks






Date Applied: 27/09/2012
Date Received at HO: 28/09/2012
Date of Ack. Letter from HO: 08/10/12
BioMetric Letter: 21/2/13
Biometrics Done:27/02/2013.
Return of Docs: Waiting
BRP : Waiting

date applied 25/06/2012
bio metric done 8/08/2102
return of doc : waiting
brp : waiting

just call them and application still pending huh

[summer2013]

nilemarques please check your inbox

[nilemarques]

[quote="shareen24h"][quote="nilemarques"][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![/quote]

Hi Nile

Thank you for response. What about the PAP before reconsideration or JR for you.[/quote]

@Shareen24h. That's all part of the process. Obviously we wanted to start with the free options and work our way up.

[nilemarques]

[quote="verbina"][quote="Believe2013"][quote="nilemarques"][quote="Believe2013"]Good morning all.

Just a little observation on this forum in my 8 months of following and being an active participant, I have not read one comment from someone having called the HO and been told your case has been resolved positively or negatively. So my deduction is it's all rhetoric call this number to monitor the progress of your case bla bla and a cruel means to bleed you dry of more pennies. I am not too sure if it's their policy to divulge such info over the phone. They keep changing the story oh your case has been allocated to a caseworker or not yet. Well good people if you have received your acknowledgement letter your case would have been filed or assigned to the appropriate case unit and they in turn decide which cases to prioritise or work on. I can not even picture or imagine as to what criteria is used to determine this but surely it lacks common sense and is unfair . It's cruel and can understand why we call, we are looking for something to hold on to and work off. I have called several times myself but decided in the end I am not getting anywhere and only getting more frustrated. Its very sad indeed.......[/quote]

@Believe2013. I rang them on a Thursday and I was told that the file is not yet completed and Lo and Behold, I receive a package a couple of days later![/quote]

Nile don't be surprised there was a guy that was sent a refusal letter and a few weeks later he received a letter granting a visa and a biometric card followed - nothing surprises me with the Home office now.[/quote]


Hahaha! Yehhh I think I remember him!!! [/quote]

LOL!!!@ Believe and Verbina. Anything is possible with the HO. I also remember reading on one of the other forums how one got two letters.One wasn't even his.

[nilemarques]

[quote="summer2013"]nilemarques please check your inbox[/quote]

Hi summer2013. inbox. Replied.

[summer2013]

guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar

[ali90]

@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?

for my sister they only requested once and then refused

but with me they requested twice so it seem like the caseworker was good person and wanted to make sure he makes the right decision you should be hearing them from them soon about a decision hopefully

[hatchsead]

guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar

Yes, £10 cheque or postal order along with the letter

[ali90]

i am going to stick with my 2.5 years leave for now and just extend it later rather than try to challenge them right now and try get ILR. dont want more stress for now


and does any one know what can a person do for letter for reconsideration like the layout of the letter

[nilemarques]

[quote="summer2013"]guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar[/quote]

Hi summer2013. I made one last year,just before I sent in my application. I paid £10.00. I got the info here and I didn't fill in a form.

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

[summer2013]

guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar

Hi summer2013. I made one last year,just before I sent in my application. I paid £10.00. I got the info here and I didn't fill in a form.

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/

so you can doit without the form?