Ombudsman

[Joejo]

Hello Joejo
I have been following your posts. I am very delighted that you won your case. Hopefully you ll recieve good news.
I have also been waiting for 6.5 months for home office to rectify their mistak. I am very frustrated too.
I came to UK in 2005 as a student. got married to my boyfreind on 2009 and applied for spouce visa in 2010, after 5 months they issued me one, but unfortunaly the wrong stamp. I didnt notice it because nothing were written on the stamp. I also went outside the country 3 time and came back, even border agency didnt told me anything.
So I lived my life 2 years knowing that I have got the spouce visa. After finishing the probationary period I went to public enquery office to apply in person for my Indefinite Leave to Remain. That day was the worst day of my life They told me I have not been granted a spouce visa and refused the application. They asked me to send it by post and told me this is very complicated I did. Still no news!!

I am living in fear not knowing what will happen!! i found this really unfair that I have to pay for their mistake.

Your posts help me to know the procedure. I decided to wait for another two weeks and then send a complain to UKBA and also MP!

Hello Mariyeh

I understand where ya coming from i was in abit of the same yaz ago when i went to court and my case was reffered back to the HO to reconsider by the Judge.But i was kept in limbo for 6yrs me knowing that i'm entilted to stay under sec 3. When they got me working they said i overstayed i was in shock thou it gave me the strength to fight and sort it out.

Since you have contacted the MP and them selves put all ya evidence together from ya MP and any correspondence you've had with UKBA and try to contact the Ombudsman they have helped me with my case and i may say they are very helpful and nice people. I wish you all the best keep us posted of any progress.

[Joejo]

Hello Joejo
I have been following your posts. I am very delighted that you won your case. Hopefully you ll recieve good news.
I have also been waiting for 6.5 months for home office to rectify their mistak. I am very frustrated too.
I came to UK in 2005 as a student. got married to my boyfreind on 2009 and applied for spouce visa in 2010, after 5 months they issued me one, but unfortunaly the wrong stamp. I didnt notice it because nothing were written on the stamp. I also went outside the country 3 time and came back, even border agency didnt told me anything.
So I lived my life 2 years knowing that I have got the spouce visa. After finishing the probationary period I went to public enquery office to apply in person for my Indefinite Leave to Remain. That day was the worst day of my life They told me I have not been granted a spouce visa and refused the application. They asked me to send it by post and told me this is very complicated I did. Still no news!!

I am living in fear not knowing what will happen!! i found this really unfair that I have to pay for their mistake.

Your posts help me to know the procedure. I decided to wait for another two weeks and then send a complain to UKBA and also MP!

Hello Mariyeh

I understand where ya coming from i was in abit of the same yaz ago when i went to court and my case was reffered back to the HO to reconsider by the Judge.But i was kept in limbo for 6yrs me knowing that i'm entilted to stay under sec 3. When they got me working they said i overstayed i was in shock thou it gave me the strength to fight and sort it out.

Since you have contacted the MP and them selves put all ya evidence together fro prof

[Ket]

Hey Joejo, UKBA website says the following:

[b]If your appeal is successful[/b]

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form.

Please do not contact the visa section until 12 weeks after the date when you or your representative received the judge's decision. This date will be stated on your written determination.

Do not contact the FTTIAC or our immigration enquiry bureau about your appeal after you have received your allowed determination. They will not be able to issue you with a visa or deal with your enquiry.

I won my appeal nearly 7 months back and UKBA has advised my MP that it will be another 2 months for the visa to be implemented ie mid October.

[Joejo]

Hi Ket

Yeah your right i have read that too but hey i'm just not taking any chances i would rather nag them with letters from different corners from Solicitors,MP and most especially the Ombudsman as its past 8wks and no letter from them at all. They left me in limbo years ago after court for 6yrs as i said in my previous post but hey ho we will get thru we all just need to keep it together and preserve our sanity. Have you contacted the Ombudsman too.

[Greenie]

The appeal has only been allowed to a limited extent-so that ukba can reconsider it in accordance with section 55. This does not necessarily mean that leave will be granted-they could just issue a new refusal letter.

[Ket]

Hi Joejo,

How could i contact Ombudsman?

[Joejo]

Greenie
The appeal has only been allowed to a limited extent-so that ukba can reconsider it in accordance with section 55. This does not necessarily mean that leave will be granted-they could just issue a new refusal letter.

Hi Greenie

yes that true it was allowed to that extent, if they issue another refusal letter does that mean they will be disagreeing with my family life/private with all the evidence in black and white besides all give a right of appeal again.yet they didn't even bother to come to court the first time. Is this really how they operate .I don't no....,i thout it was all done so i sup i need to prepare my self for the crazy again. Any thoughts.

[Joejo]

Hey Ket

07624 813 005 text call back they will give you a ring back then tell you what they will do next

[Ket]

Thanks Joejo. I am soo frustated.Been waiting for nearly 7 months for visas to be issued.

[Joejo]

Hey Ket

I no wats its like but try not to get so worked out you've managed up to now am sure there's a light at the end of the turnnel. Just keep it together GOOD THINGS COME TO THOSE WHO WAIT we'll get there trust me nothing stays the same for ever.Let me no how you get on.

[Ket]

Hey Joejo, thanks for your inspirational message. Would you be knowing if we will have to enrol for biometrics residence permit as i have not received an invitation letter?
I assume that as i had won my appeal in January 2012, old rules for discretionary leave will be applicable to me. New rules came to force on 9th July.

[Joejo]

Hi Ket
Ur very welcome...........,we're all init together. Am not so sure about that as people are asked differently in time frames I think old rules apply as it all started before 9th July just be prepared for anything so as you may always plan ya next move in time.

[Mariyeh]

Hi Ket
Ur very welcome...........,we're all init together. Am not so sure about that as people are asked differently in time frames I think old rules apply as it all started before 9th July just be prepared for anything so as you may always plan ya next move in time.

Hi guys
The Biometric rule was enforced on 29th of Feb 2012 and we wont get any biometric enrollment letter as we applied before that date.

I contacted UKBA 10 times and every time i have got the same answer so I am sure of this.
Good luck guys

[Ket]

Thanks Joejo and Mariyeh for your responses. Ideally as we won our appeals prior to 9th July, old rules should be applicable to us.

Read the below which i got from Statement of Intent for family migration from UKBA website:

Those who, before 9 July 2012, have been granted leave under the Discretionary Leave policy will continue to be dealt with under that policy through to indefinite leave to remain if they qualify for it (normally after two periods of three years’ Discretionary Leave), subject to the application of the new criminality thresholds, including in respect of cases awaiting decision on a further period of Discretionary Leave on that date.

The above are old rules.

The new rules are as follows:

Those granted leave following an appeal allowed on or after 9 July 2012 on Article 8 grounds against a refusal under other rules (not family) in force prior to that date will not be granted leave under the Discretionary Leave policy, but will instead be granted 30 months’ leave on the new 10 year family route.

I am confused.

[Ket]

Hey. Any suggestions on the above post?

[Joejo]

[quote="Ket"]Thanks Joejo and Mariyeh for your responses. Ideally as we won our appeals prior to 9th July, old rules should be applicable to us.

Read the below which i got from Statement of Intent for family migration from UKBA website:

Those who, before 9 July 2012, have been granted leave under the Discretionary Leave policy will continue to be dealt with under that policy through to indefinite leave to remain if they qualify for it (normally after two periods of three years’ Discretionary Leave), subject to the application of the new criminality thresholds, including in respect of cases awaiting decision on a further period of Discretionary Leave on that date.

The above are old rules.

The new rules are as follows:

Those granted leave following an appeal allowed on or after 9 July 2012 on Article 8 grounds against a refusal under other rules (not family) in force prior to that date will not be granted leave under the Discretionary Leave policy, but will instead be granted 30 months’ leave on the new 10 year family route.


Hey Ket


To my understanding from the above post of your query, its that those whose appeals where allowed on the 9th July 2012 or after the 9th July 2012 of the new rules under ART8 folllowing a refusal, will be granted 2.5yrs DL on the new 10yr family policy.

But you said that you won ya appeal in Jan 2012, i did mine on the 13 june 2012 so i would think that we may be under the Old rule of 3+3=6=ILR.

However i not 100% sure but thats my interpretation of what they gat to say with new rule changes besides we should not forget what they are like in implementing the wrong thing.

Wat do you think

[Ket]

Hey Joejo, I feel the old rules should be applicable to us as we won appeals or made applications before 9th July. To be honest, i am confused as to what rules we fall under. May be we should just wait for the visas to be issued and fight again if we fall under new rules.

[Joejo]

Ket
Hey Joejo, I feel the old rules should be applicable to us as we won appeals or made applications before 9th July. To be honest, i am confused as to what rules we fall under. May be we should just wait for the visas to be issued and fight again if we fall under new rules.

Hey Ket

ya right lets just chille a little all will come thru but however we need to push thru the MPs or Ombudsman after a while.

Under general reasons for refusing section 4-v10.0 based on immigration rules says ''If you refuse under general reasons and an appeal is allowed, you cannot then re-consider them for the specific category and leave to remain will have to be given ''. Considering any exceptional, Human rights and compelling circumstances.

So i think that all is well and we shall be answered soon.

[Ket]

Hey Joejo. Absolutely true. I am gonna chase MP after 2 weeks. Fingers crossed we get what we want soon.

[Ket]

hey Joejo, You heard from your MP , UKBA or Ombudsman about your visas? I am still waiting and really frustated.

[Joejo]

[quote="Ket"]hey Joejo, You heard from your MP , UKBA or Ombudsman about your visas? I am still waiting and really frustated.

Hey Ket

Its hard but don't get too frus all be okay at some point. I called my MP office yesterday and they sent a letter to the UKBA and i got confirmation today. I also called the Ombudsman and she confirmed that UKBA did reply her and said that they will determine my case by mid Oct 2012. Rang my solicitor today and he says that he'll send them a reminder in 2wks. So that my update what about you...

[Ket]

Hey Joejo, I did contact my mp 3 weeks back and he confirmed that my visas will be processed by mid October. Have not contacted MP again. I have not made contact with Ombudsman as yet as MP dealing with case. If i will not get my visas by mid October , then i will contact Ombudsman. When my Solicitor contacted UKBA in mid August, she was promised that i will get my visas by mid September. I dont know who to be believe as i am getting different answers from MP and solicitor.

[Joejo]

Hi Ket

Lets wait till Mid Oct and see what happens with fingers crossed that its all over,was ya appeal allowed out right, I really don't know wat they mean by that but the UKBA web page doesn't mention any of that thus to say that appeals are either allowed or dismissed with or without directions. but the process should be the same do you know of any similar cases.

Can any reader on this forum please clarify this, one who has had their appeals allowed and remitted to the HO after which they got results and how long it took.

[Ket]

Hey Joejo, My first appeal was dismissed in the first tier tribunal so i asked it to be reconsidered as i was not happy with the decision. My appeal was reconsidered so it then went to upper tribunal. I was then given a new hearing date (January 2012) and that is when my appeal was allowed. Since then i am waiting for visas to be issued.

[net5]

Hi ket,
my appeal was allowed in august and i received a letter requesting me to send my passport yesterday. I hope i don't have to wait as long as you have to get something issued to me. I hope your visa get sorted soon.