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

[elastep]

@elastep
Thank you for posting the reply.
There is one clarification. I am not married but living with the partner.
My concerns are :
1) I am the only income provider and I got suspended from work because of the recent development of " no outstanding application".
2) my third child will be born any time.
Where do I stand? It looks like my right to work is gone.
How can I reinstate that?

@marar
I don't think that you can reinstate your right to work. Your right to work continues only if it is found out that, the HO made an error by writing that you don't have any outstanding application when as you said "you won your appeal" and they have failed to look at your case. The only option left to you is to get your case sorted out quickly so that you can start working.

[elastep]

Hello Guys, just to let you all know how it went at my hearing today.
After what happened at my hearing today, I'm feeling very positive about my case. My barrister argued my case very strongly and the Judge agreed that the HO had failed to consider my circumstances when they made a decision about my case and I'm very pleased about it.
My case has been scheduled for further hearing in May because the Judge wants to give the HO a chance to reconsider my case properly as their presenting officer said "that they didn't know about my immigration history" and if they still refuse to grant me a Visa, permission to proceed for JR will be granted.
I'm very happy to say that If I'm again refused FLR after further reconsideration, the refusal letter will come with a deportation order which will automatically generate a right of appeal for me

Thank you very much @all for your prayers and the words of encouragement you sent my way. It was a source of comfort for me today and I pray that God's mercy and blessing will be with you all.... Amen.
Stay blessed.

Wow, this is very positive news! Can you please let me know did the judge make the comment (HO had failed to consider) on the hearing day? Thank you hun

@naba
This is how it went down. My barrister said "As you can see, her immigration history was not taken into consideration when this decision was made to refuse her leave to remain."
The judge said "Yes.I can see that this is the case." He then asked the HPO if he wants to say anything regarding this matter and the HPO replied by saying "we were not privy to her immigration history as this was not included in the application for LTR that was sent to us. We would require more time to reconsider her case."
Judge then said to my barrister " Seeing as the Home secretary failed to take the immigration history of Ms....... into consideration I, will be giving the Home Secretary 8 weeks to reconsider their decision."

[Seneca]

@naba
This is how it went down. My barrister said "As you can see, her immigration history was not taken into consideration when this decision was made to refuse her leave to remain."
The judge said "Yes.I can see that this is the case." He then asked the HPO if he wants to say anything regarding this matter and the HPO replied by saying "we were not privy to her immigration history as this was not included in the application for LTR that was sent to us. We would require more time to reconsider her case."
Judge then said to my barrister " Seeing as the Home secretary failed to take the immigration history of Ms....... into consideration I, will be giving the Home Secretary 8 weeks to reconsider their decision."

You are close elastep to your freedom,very close, Goodluck in the final leg of the journey.
Wishing also positive outcome to everybody waiting.
Congratulations to all who recently got visas.

[marar]

@elastep

I don't understand, without serving me a notice of refusal for the reconsideration how can they send a letter to MP saying that there is no basis to stay and I am an over stayer. I can't get my head around it. Anyways I am going to see a solicitor to help me. I have to reinstate my work somehow. I can't leave my family starving.

Congrats for all who got through this trauma in life. Thank you.

[east579new]

Hi everyone
i have been silent viewer of this forum from past 6 months and inspired how people are united on this forum and wishing best to each other . i wish everyone best who has been granted and those who have been refused dont give up because ur day is coming before u know it . my story is
i came in to uk in 2006 as student. applied for extension in Dec 2010 which got refused . got married in OCT 2011 with the girlfried i met in spring 2009 .applied for FLR M which got refused as i overstayed visa in the begining of 2011 .i applied for RECONSIDERATION which home office accepted and after 6 months i sent them reminder by my MP as my wife was diagnosed with extreme anxiety by her phsycologist, along with the proof of my mother cancer treatment going on in USA with photographs and hospital documents and my family proof of addresses and permanent resident copies in USA as my whole family moved from pakistan to usa . MP requested them to give decision quickly as i am the only son of my parents and their delay is disturbing my family life .Home office replied back confirming from the documents i provided them that my family is suffering from the delay and promised they will reply soon but they never did.

in june 2013 my soliciter sent them PAP twice giving them 21 days time each time to give decision or we will go to the court but they dint bother replying . case lodged in to the court and treasury solicitors took 3 extensions from court .21 days each. in september CAPITA sent letter to me saying that they are REJECTING THE REQUEST OF RECONSIDERATION as my case is already in the high court and whatever the decision will be given by high court thats the decision we will follow . in return my solicitor wrote letter to treasury solicitors saying that after wasting two years of my client , disturbing his family life now you are not going to fulfil the promise you made of reconsidering .
In return Treasury Solicitors sent CONSENT LETTER to me saying that we take that decision back which CAPITA gave you and if you sign this consent order we will give decision within 3 months from the date it get signed by judge and there is no cost to be charged from both sides .
on 6th feb 2014 H O has refused me again . its heartbreaking but i am happy that atleast i am out of that pain and stress in which HO kept me for 2 years .
i want to ask gurus to please share ur experiance and tell me what shall i do . my solicitor is advising me to go back to your country and get entry clearance from there . i just want to know if they are not going to ban me or something from uk as i m married to british citizen from over 2 years and if you can please tell me what sort of documents do i required before i go back and apply . i will really appreciate it . God bless us all ! Amen

TAKE NOTE

In return Treasury Solicitors sent CONSENT LETTER to me saying that we take that decision back which CAPITA gave you and if you sign this consent order we will give decision within 3 months from the date it get signed by judge and there is no cost to be charged from both sides .
on 6th feb 2014 H O has refused me again


That paragraph should serve as a warning to anybody else NEVER EVER TRUST THE UKBA its a comman tactic they use which makes you belive they will issue a more favourable outcome then they just refuse again its done in the hope you eventually run out of finances to fight them.

Most people agree to it for that very reson i would imagine, think about it like this if they are asking you to withdraw your court action they MUST BE SCARED OF SOMETHING. my OPINION is fight fight fight never agree to withdraw anything once you have paid all that money and gone through all that pain the least you want is your day in court.

[naba]

Hello Guys, just to let you all know how it went at my hearing today.
After what happened at my hearing today, I'm feeling very positive about my case. My barrister argued my case very strongly and the Judge agreed that the HO had failed to consider my circumstances when they made a decision about my case and I'm very pleased about it.
My case has been scheduled for further hearing in May because the Judge wants to give the HO a chance to reconsider my case properly as their presenting officer said "that they didn't know about my immigration history" and if they still refuse to grant me a Visa, permission to proceed for JR will be granted.
I'm very happy to say that If I'm again refused FLR after further reconsideration, the refusal letter will come with a deportation order which will automatically generate a right of appeal for me

Thank you very much @all for your prayers and the words of encouragement you sent my way. It was a source of comfort for me today and I pray that God's mercy and blessing will be with you all.... Amen.
Stay blessed.

Wow, this is very positive news! Can you please let me know did the judge make the comment (HO had failed to consider) on the hearing day? Thank you hun

@naba
This is how it went down. My barrister said "As you can see, her immigration history was not taken into consideration when this decision was made to refuse her leave to remain."
The judge said "Yes.I can see that this is the case." He then asked the HPO if he wants to say anything regarding this matter and the HPO replied by saying "we were not privy to her immigration history as this was not included in the application for LTR that was sent to us. We would require more time to reconsider her case."
Judge then said to my barrister " Seeing as the Home secretary failed to take the immigration history of Ms....... into consideration I, will be giving the Home Secretary 8 weeks to reconsider their decision."

Thank you for the reply. You are nearly there...Congratulations! By the way, have you been asked by the judge? Thanks again hun.

[Al Haqq]

TAKE NOTE

In return Treasury Solicitors sent CONSENT LETTER to me saying that we take that decision back which CAPITA gave you and if you sign this consent order we will give decision within 3 months from the date it get signed by judge and there is no cost to be charged from both sides .
on 6th feb 2014 H O has refused me again


That paragraph should serve as a warning to anybody else NEVER EVER TRUST THE UKBA its a comman tactic they use which makes you belive they will issue a more favourable outcome then they just refuse again its done in the hope you eventually run out of finances to fight them.

Most people agree to it for that very reson i would imagine, think about it like this if they are asking you to withdraw your court action they MUST BE SCARED OF SOMETHING. my OPINION is fight fight fight never agree to withdraw anything once you have paid all that money and gone through all that pain the least you want is your day in court.

True talk, however, what we need to bear in mind is that even if you insist on going ahead with the JR, the onus is still on the Judge to either allow it or reject. My understanding is that the court try to encourage settling out of court as much as possible. What one could do as another option in this type of situation is to insist to the HO that they pay the costs, then at least one is not loosing both ways. In my case they requested a withdrawal which I had to agree to mainly because I could not think of another alternative and the lawyer was able to make them pay the legal aid back. I won't be surprised with any of their decision, it is either yes / no.

@hadz7 you may want to check if this latest refusal generates a right of appeal i.e. Tribunal. GOOD LUCK.

[hadz7]

TAKE NOTE

In return Treasury Solicitors sent CONSENT LETTER to me saying that we take that decision back which CAPITA gave you and if you sign this consent order we will give decision within 3 months from the date it get signed by judge and there is no cost to be charged from both sides .
on 6th feb 2014 H O has refused me again


That paragraph should serve as a warning to anybody else NEVER EVER TRUST THE UKBA its a comman tactic they use which makes you belive they will issue a more favourable outcome then they just refuse again its done in the hope you eventually run out of finances to fight them.

Most people agree to it for that very reson i would imagine, think about it like this if they are asking you to withdraw your court action they MUST BE SCARED OF SOMETHING. my OPINION is fight fight fight never agree to withdraw anything once you have paid all that money and gone through all that pain the least you want is your day in court.

True talk, however, what we need to bear in mind is that even if you insist on going ahead with the JR, the onus is still on the Judge to either allow it or reject. My understanding is that the court try to encourage settling out of court as much as possible. What one could do as another option in this type of situation is to insist to the HO that they pay the costs, then at least one is not loosing both ways. In my case they requested a withdrawal which I had to agree to mainly because I could not think of another alternative and the lawyer was able to make them pay the legal aid back. I won't be surprised with any of their decision, it is either yes / no.

@hadz7 you may want to check if this latest refusal generates a right of appeal i.e. Tribunal. GOOD LUCK.

@ Alhaqq
Thanks for ur reply . u can not imagine that how they are humilating human rights . They do not give a damn about human rights anymore . Me and my whole family is suffering from past over two years just because i was overstayer for 4 months at the time of applying for spouse visa .
HO hasnt given me any Right of Appeal and i am thinking not to take it for JR anymore because i am tired of waiting and struggling , but i still want to ask gurus if its worth taking it to High Court or is it going to be waste of time again as if i go High court ..
1 - Atleast 3 to 4 months going to be wasted before my hearing date come .
2 - Home office might withdraw again just before hearing date and waste another 6 months of my life to give decision .

But i still want to ask is it better to fight my case from here or is it better to go back home and apply from there .

Kind Regards

[nilemarques]

Good day folks. Been following the Immigration Bill in the House of Lords! http://m.parliamentlive.tv/MeetingDetails/HouseOfLords

Good to know that there are some sane people in that house who believe in human rights!!

[Al Haqq]

@hadz7
Yes! true talk and spot on your description.

[Al Haqq]

Hi all,
Well my solicitor called me yesterday am, to inform me that we have been refused after agreeing to withdraw the JR. I am yet to receive any information from the HO. This new refusal generates a right of appeal apparently.

In a nutshell, if you think you have a strong case you may want to insist with your lawyer that irrespective of what the HO promises you want to go ahead with the JR.

Just to mirror what east579new said TAKE NOTE when accepting to withdraw the JR.

I am glad I belong to this forum, so it was not a suprise for me when I heard the message fro the Sol.

Next step is the tribunal

[nilemarques]

[quote="Al Haqq"]Hi all,
Well my solicitor called me yesterday am, to inform me that we have been refused after agreeing to withdraw the JR. I am yet to receive any information from the HO. This new refusal generates a right of appeal apparently.

In a nutshell, if you think you have a strong case you may want to insist with your lawyer that irrespective of what the HO promises you want to go ahead with the JR.

Just to mirror what east579new said TAKE NOTE when accepting to withdraw the JR.

I am glad I belong to this forum, so it was not a suprise for me when I heard the message fro the Sol.

Next step is the tribunal[/quote]

@Al Haqq. Sorry to hear if the bad news. Do not despair my friend. Hold your chin up and fight for your right.

[Al Haqq]

@nilemarques
Thank you. Yes,I am trying to put that chin up. I hope the chin does not end up too saggy by the time I get a stay

[nilemarques]

[quote="Al Haqq"]@nilemarques
Thank you. Yes,I am trying to put that chin up. I hope the chin does not end up too saggy by the time I get a stay [/quote]

@Al Haqq!!! Lol!! You'll be ok. I guess saggy chins are the least of our problems. I'm sure we'll get through this!

[ThisYear]

Wow! @alhaq...I truly empathise with you. I guess there is a silver lining since this refusal generates a right of appeal.

Hopefully the amoebas will see reason when it gets to the tribunal. Keep the 'chin' up, your expectations will not be cut short.

Update on my JR, the HO requested for 21 days which ended yesterday with no feedback from them so my solicitor is saying the next step will be Oral hearing. HAs anyone been through this before and what should I be expecting?

[es2013]

Hi all,
Well my solicitor called me yesterday am, to inform me that we have been refused after agreeing to withdraw the JR. I am yet to receive any information from the HO. This new refusal generates a right of appeal apparently.

In a nutshell, if you think you have a strong case you may want to insist with your lawyer that irrespective of what the HO promises you want to go ahead with the JR.

Just to mirror what east579new said TAKE NOTE when accepting to withdraw the JR.

I am glad I belong to this forum, so it was not a suprise for me when I heard the message fro the Sol.

Next step is the tribunal

Sorry to hear about your refusal Al Haqq, with God all is Possible. You are near your freedom with the appeal.

[Keisha]

Hello...Hello...Eerbady

Hope all is good with you and that you keeping warm in this crazy weather.

To those who have been refused,don't loose hope for God will make a way.They may try to dampen your spirit with their copy&paste letter but God will fight the battle for you!

@New Bloggers...welcome to the forum and may God be with you throughout the process!All the best with your application form.

@Olapoint....*Danceskukere* Congratulations on your freedom and we thank God for His grace.I reckon you couldn't stop rejoicing after the great news!

To those who I failed to mention,CONGRATULATIONS on your freedom and enjoy every moment of it.

@Elastep...Praise be to the most High God and we thank Him for making a way for you.I pray that you may be granted that Visa in May.Surely,the amoebas seems they can't comprehend their own mother-tongue...lol!

Well,excuse me for hibernating but I want to thank God for His grace.The amoebas were sent a PAP end of Nov and never bothered to respond.So,the solicitor the filed for JR end of Jan and last week the amoebas sent a letter to acknowledgement of my application.So,I pray to God that I may find favour with those judges who will be dealing with my application!I also pray those who are still waiting for response not to despair but trust in God that He will make a way!We will receive those visas in Jesus name by fire by force!!

@Usual Suspects...*waves*...how's the going so far??

Lastly....*dancesskelewu&azonto*...we serve a leaving God indeed!Mark Harper is no longer part of the amoeba club coz he's amoeba tendecies came to bite his behind!That's what happens when one doesn't bother about what we go through....*wavesbye-bye*.Teresa May...*waves* better do what's best for you...*wink*

[nontsomi]

Hi everyone

I have been in this country for 13years now with no status. I have a two year old , her dad is English but we broke up a week ago. is there anything that I can do to resolve this situation in this country at all or will I have to go back home ??

thank you in advance.

[nilemarques]

[quote="Keisha"]Hello...Hello...Eerbady

Hope all is good with you and that you keeping warm in this crazy weather.

To those who have been refused,don't loose hope for God will make a way.They may try to dampen your spirit with their copy&paste letter but God will fight the battle for you!

@New Bloggers...welcome to the forum and may God be with you throughout the process!All the best with your application form.

@Olapoint....*Danceskukere* Congratulations on your freedom and we thank God for His grace.I reckon you couldn't stop rejoicing after the great news!

To those who I failed to mention,CONGRATULATIONS on your freedom and enjoy every moment of it.

@Elastep...Praise be to the most High God and we thank Him for making a way for you.I pray that you may be granted that Visa in May.Surely,the amoebas seems they can't comprehend their own mother-tongue...lol!

Well,excuse me for hibernating but I want to thank God for His grace.The amoebas were sent a PAP end of Nov and never bothered to respond.So,the solicitor the filed for JR end of Jan and last week the amoebas sent a letter to acknowledgement of my application.So,I pray to God that I may find favour with those judges who will be dealing with my application!I also pray those who are still waiting for response not to despair but trust in God that He will make a way!We will receive those visas in Jesus name by fire by force!!

@Usual Suspects...*waves*...how's the going so far??

Lastly....*dancesskelewu&azonto*...we serve a leaving God indeed!Mark Harper is no longer part of the amoeba club coz he's amoeba tendecies came to bite his behind!That's what happens when one doesn't bother about what we go through....*wavesbye-bye*.Teresa May...*waves* better do what's best for you...*wink*[/quote]

@Keisha. Lol!!! You crack me up. Welcome back. Well, the amoebas continue giving us the silent treatment! I'd bet my bottom dollar that next thing is that they are going to ask for an extension as they did in my case!

[ali90]

hi everyone i havent been on here since months as i been busy with work after being granted my status. my sister still hasnt been granted sadly waiting for JR . i just want to know that if anyone on here has a number to contact home office to get update on immigraton status regardless of what application it is?


my sister sec4 has been canceled the reasons are confusing as 1 page say it because she been granted leave to remain and other page just says that she is over 18 even tho she was over 18 2 years ago and think they just remembered now so help will be great please

and hope everyone get good decisions

[Daniel97]

Hi everyone

I have been in this country for 13years now with no status. I have a two year old , her dad is English but we broke up a week ago. is there anything that I can do to resolve this situation in this country at all or will I have to go back home ??

thank you in advance.

Is your little girl British citizen?

[es2013]

Hi everyone

I have been in this country for 13years now with no status. I have a two year old , her dad is English but we broke up a week ago. is there anything that I can do to resolve this situation in this country at all or will I have to go back home ??

thank you in advance.

hi and welcome, have you got sole responsibility for your child? give more details to your story, you will get lots of advice here. all the best

[nontsomi]

thank you guys for getting back to me much appreciated.

Daniel, my daughter was born in this country but me and her dad were not married, but few days back her dad sent off application for her british passport but I heard that the parents have got to be married for her to be entitled to one ? please feel free to give me more information on what you know as I am clueless.
@ ea2013 we've been living together so both of us had parental responsibility even though now shes more on my side and also his been claiming child benefit for her.

[nontsomi]

sorry I meant to say es2013 #

[Daniel97]

thank you guys for getting back to me much appreciated.

Daniel, my daughter was born in this country but me and her dad were not married, but few days back her dad sent off application for her british passport but I heard that the parents have got to be married for her to be entitled to one ? please feel free to give me more information on what you know as I am clueless.
@ ea2013 we've been living together so both of us had parental responsibility even though now shes more on my side and also his been claiming child benefit for her.

I don't think so, you don't have to be married with him for your daughter to be issue with British passport,make sure you have the passport with you or the photocopy,then you will fine,and also try if you can get copy of his passport,