- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
@Verbina, Thanks for the link and your kind advise, I am going to try and see a solicitor by thursday, from the comments on the link you sent, I think I will rather go for reconsideration first and see how it goes. Thanks a lotverbina wrote:@socrates ok thats good. So then what they should eventually do is send you removal directions notice in the post. But be prepared, you may only get a couple days notice..
Do have a look at the link above, also scroll down to comments, some useful info from solicitors there re Pre Action Protocol letters and Reconsideration requests.
@Verbina, Thanks for the link and your kind advise, I am going to try and see a solicitor by thursday, from the comments on the link you sent, I think I will rather go for reconsideration first and see how it goes. I became an overstayer due to their fault in the first place, I was sitting down for 8 months waiting for reconsideration as allowed by the appeal tribunal, not knowing they have sent the refusal letter to a different solicitor I never used, not until I contacted my MP after 8 months I was informed of their decision, I have the letter UKBA sent acknoleging their error. Thanks a lotverbina wrote:@socrates ok thats good. So then what they should eventually do is send you removal directions notice in the post. But be prepared, you may only get a couple days notice..
Do have a look at the link above, also scroll down to comments, some useful info from solicitors there re Pre Action Protocol letters and Reconsideration requests.
@ Believe2013, so what is your suggestion? I think the pros outweighs the Cons. What do you think?Believe2013 wrote:Forum, my honest opinion at the moment and not based on anecdotal evidence, if you are refused and not given a right of appeal you are better off waiting for a removal notice my arguments for and against are below.
pros
1) The obvious one, the removal notice generates an automatic right of appeal
2) once served with notice you will getting a hearing date ASAP as opposed to Judicial Review you WILL have to wait until 2014.
3) Save your self at least £4000-£6000 in Judicial Reviews fees as the HO is not perturbed by PAPs and threat of Judicial Review at the moment. Why that figure? because you end up lodging a JR proceedings for the delay of your first JR for the refusal.
What a mess but if you are in commercial law you are laughing.
Cons,
1) There is no guarantees whether or not you will be served with a removal notice immediately it could take months if not a year.
2) You narrow your options by bypassing the JR proceedings.
The legal representatives I have spoken to all agree with the mess the HO have created - so entirely up to you which way you want to go but I have been quite lucky to get real, honest and realistic opinions from these guys
So sorry Socrates....as a mother of 2 I know what it means to be out of work for 2years.God is your strength.i can't stop thinking about your twins and your wife.i believe there is light at the end of a dark tunnel.everything will come out in your favour in Jesus name.Be strong bro.....socrates wrote:@Believe2013, thanks so much for your encouragement, it is disheartning to say the least, the case worker did not even made any mention of my time with the Army, despite letter from my old regiment, photographs while in the Army, certificate of allegiance to Her Majesty while in the Army. God is on his throne. The most painful is this endless wait because I lost my job becauseBelieve2013 wrote:@Socrates commiserations sir - I don't normally lose my cool but I am on the brink. The decision making has been poor, irrational, illogical and the list goes on and on. Well it could be a blessing in disguise that all the emphasis and power shifts to the courts now. They understand Article 8 better than these idiots in the HO. Don't lose faith people, it's emotionally harrowing and draining, I have been there but certainly not over. The backlog is truly indeed been passed on to the courts. Very coy and stupid of the HO to sabotage the Judicial system, it will backfire spectacularly.
of this problem and has been out of job for about two years now
@ Call me dude, Thanks so much Sis, I really appreciate your empathy and your encouragement. May God grant you your heart desires in Jesus NameCall me dude wrote:So sorry Socrates....as a mother of 2 I know what it means to be out of work for 2years.God is your strength.i can't stop thinking about your twins and your wife.i believe there is light at the end of a dark tunnel.everything will come out in your favour in Jesus name.Be strong bro.....socrates wrote:@Believe2013, thanks so much for your encouragement, it is disheartning to say the least, the case worker did not even made any mention of my time with the Army, despite letter from my old regiment, photographs while in the Army, certificate of allegiance to Her Majesty while in the Army. God is on his throne. The most painful is this endless wait because I lost my job becauseBelieve2013 wrote:@Socrates commiserations sir - I don't normally lose my cool but I am on the brink. The decision making has been poor, irrational, illogical and the list goes on and on. Well it could be a blessing in disguise that all the emphasis and power shifts to the courts now. They understand Article 8 better than these idiots in the HO. Don't lose faith people, it's emotionally harrowing and draining, I have been there but certainly not over. The backlog is truly indeed been passed on to the courts. Very coy and stupid of the HO to sabotage the Judicial system, it will backfire spectacularly.
of this problem and has been out of job for about two years now
Yep! Exactly! Good luck with your solicitor hun and let us know what course of action you planning to take! Keep your chin up!!socrates wrote:@Verbina, Thanks for the link and your kind advise, I am going to try and see a solicitor by thursday, from the comments on the link you sent, I think I will rather go for reconsideration first and see how it goes. Thanks a lotverbina wrote:@socrates ok thats good. So then what they should eventually do is send you removal directions notice in the post. But be prepared, you may only get a couple days notice..
Do have a look at the link above, also scroll down to comments, some useful info from solicitors there re Pre Action Protocol letters and Reconsideration requests.
@Verbina, Thanks a bunch. Yes I will keep you all informed. God blessverbina wrote:Yep! Exactly! Good luck with your solicitor hun and let us know what course of action you planning to take! Keep your chin up!!socrates wrote:@Verbina, Thanks for the link and your kind advise, I am going to try and see a solicitor by thursday, from the comments on the link you sent, I think I will rather go for reconsideration first and see how it goes. Thanks a lotverbina wrote:@socrates ok thats good. So then what they should eventually do is send you removal directions notice in the post. But be prepared, you may only get a couple days notice..
Do have a look at the link above, also scroll down to comments, some useful info from solicitors there re Pre Action Protocol letters and Reconsideration requests.
@yummymummy3j,verbina wrote:Office of the Immigration Services Commissioner -OISCyummymummy3j wrote:@HATCHSEED I AGREE KNOWLEDGE IS INDEED POWER.... THERE IS NOT A LOT ONE CAN DO WITHOUT A VALID VISA FROM HO.... BUT IN GODS TIME WE WILL BE GRANTED ALL OUR HEART DESIRES AND WE CAN PROCEED TO MAXIMISE OUR POTENTIALS.. WATS IOSC ?????
Its a training in immigration law thats approved by OISC.
So all the qualified immigration advisers must be OISC accredited hun
@believe Im sorry hun, it doesnt generate automatic right of appeal, unfortunately there is still a chance the application can be 'certified' by HO, then no right of appeal follows.socrates wrote:@ Believe2013, so what is your suggestion? I think the pros outweighs the Cons. What do you think?Believe2013 wrote:Forum, my honest opinion at the moment and not based on anecdotal evidence, if you are refused and not given a right of appeal you are better off waiting for a removal notice my arguments for and against are below.
pros
1) The obvious one, the removal notice generates an automatic right of appeal
2) once served with notice you will getting a hearing date ASAP as opposed to Judicial Review you WILL have to wait until 2014.
3) Save your self at least £4000-£6000 in Judicial Reviews fees as the HO is not perturbed by PAPs and threat of Judicial Review at the moment. Why that figure? because you end up lodging a JR proceedings for the delay of your first JR for the refusal.
What a mess but if you are in commercial law you are laughing.
Cons,
1) There is no guarantees whether or not you will be served with a removal notice immediately it could take months if not a year.
2) You narrow your options by bypassing the JR proceedings.
The legal representatives I have spoken to all agree with the mess the HO have created - so entirely up to you which way you want to go but I have been quite lucky to get real, honest and realistic opinions from these guys
@Verbina, please explain what you mean by ''a chance the application can be certified by HO''verbina wrote:@believe Im sorry hun, it doesnt generate automatic right of appeal, unfortunately there is still a chance the application can be 'certified' by HO, then no right of appeal follows.socrates wrote:@ Believe2013, so what is your suggestion? I think the pros outweighs the Cons. What do you think?Believe2013 wrote:Forum, my honest opinion at the moment and not based on anecdotal evidence, if you are refused and not given a right of appeal you are better off waiting for a removal notice my arguments for and against are below.
pros
1) The obvious one, the removal notice generates an automatic right of appeal
2) once served with notice you will getting a hearing date ASAP as opposed to Judicial Review you WILL have to wait until 2014.
3) Save your self at least £4000-£6000 in Judicial Reviews fees as the HO is not perturbed by PAPs and threat of Judicial Review at the moment. Why that figure? because you end up lodging a JR proceedings for the delay of your first JR for the refusal.
What a mess but if you are in commercial law you are laughing.
Cons,
1) There is no guarantees whether or not you will be served with a removal notice immediately it could take months if not a year.
2) You narrow your options by bypassing the JR proceedings.
The legal representatives I have spoken to all agree with the mess the HO have created - so entirely up to you which way you want to go but I have been quite lucky to get real, honest and realistic opinions from these guys
But then the same stands for JR, there s a chance they wont allow a JR if they see little merit in it.
But everything else I totally agree with! Although its vital you see solicitor as soon as you can @Socrates , so then they will evaluate everything and advise you on the best way to deal with this.
@Believe, Thanks. It is just the waiting that is killing me as the whole appeal/reconsideration/JR takes a bit of time again, after wasting more than a year waiting to get this outragous decisionsBelieve2013 wrote:@Socrates yes they do sir, I wish I hadn't paid for mine, I am still waiting for a date for court and have been told more likely 2014. My JR blocks any removal notice from being issued so I have no idea when I will get my hearing.
I totally agree that you can include this having served in Her Majest's Service for 3 years should count for something. This is also to show that you intend not only to make UK your home having served her but also committed to it.Fayvritt wrote:@Socrates, I still believe u can get a discretionary leave out of it, if u apply and raise that issue with evidence of discharge certificate and documents relating to it. it wasn't your fault, you were discharged on medical grounds, 3 years deserves a reward.
@Verbina, Thanks for the explanationverbina wrote:@ socrates The right of appeal will be on the grounds that your removal from the UK will be in breach of the UK's obligations under the European Convention On Human Rights (ECHR) unless the Home Office certified your human rights claim as manifestly unfounded.
@Fayvritt and Htachsead, Yes, I will raise the issues. The caseworker did not even mention anything about my years in the Army. Thanks guysFayvritt wrote:@Socrates, I still believe u can get a discretionary leave out of it, if u apply and raise that issue with evidence of discharge certificate and documents relating to it. it wasn't your fault, you were discharged on medical grounds, 3 years deserves a reward.
Am really sorry to hear this Socrates and Keisha. They draft the same rubbish on all refusal letters. They told me to call the enforcement team as well with a deadline I didn't. You all have to be strong and fight for your right.socrates wrote:I applied for FLR(O) in July 29th 2012. Fresh application, came here as a student in 2004, been in study until 2010 when my application for extention was refused. I went to appeal tribunal and was allowed for reconsideration, but home office still refused based on the fact that I did not prove my relationship with my sponsor/guardian, even though he ahs been my sponsor in all my other applications that were granted. I did not know UKBA refused the reconsideration allowed by the appeal tribunal until after 8 months because UKBA sent the letter to a solicitor I never used, so I became an overstayer without knowing. I have children (TWINS) that are 4 years old and were born in the UK, served three years in the British Territorial Army, wife has been depressed for over 7 years and the social services are involved in helping her and the kids, all documents provided but still got refusedcarrotcake wrote:@socrates, sorry to hear about the refusal. When did u apply? was it a fresh application and your story plz
@GodGives, Thanks for your encouragement. So what have you done so far? Reconsideraion/Appeal/JR.GodGives wrote:Am really sorry to hear this Socrates and Keisha. They draft the same rubbish on all refusal letters. They told me to call the enforcement team as well with a deadline I didn't. You all have to be strong and fight for your right.socrates wrote:I applied for FLR(O) in July 29th 2012. Fresh application, came here as a student in 2004, been in study until 2010 when my application for extention was refused. I went to appeal tribunal and was allowed for reconsideration, but home office still refused based on the fact that I did not prove my relationship with my sponsor/guardian, even though he ahs been my sponsor in all my other applications that were granted. I did not know UKBA refused the reconsideration allowed by the appeal tribunal until after 8 months because UKBA sent the letter to a solicitor I never used, so I became an overstayer without knowing. I have children (TWINS) that are 4 years old and were born in the UK, served three years in the British Territorial Army, wife has been depressed for over 7 years and the social services are involved in helping her and the kids, all documents provided but still got refusedcarrotcake wrote:@socrates, sorry to hear about the refusal. When did u apply? was it a fresh application and your story plz