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

summer2013 · Post by **summer2013** » Mon Sep 02, 2013 5:40 pm

Shondra Sharma wrote:@summer2013 did you spoke with your solicitor? what he suggest? I only make an appointment to my solicitor on Wednesday.

yes he suggests PAP letter as soon as possible for JR he said my son can speak for himself on the court.... can he manage that? if not what can happen??

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 5:51 pm

@summer2013 what is PAP letter mean?

summer2013 · Post by **summer2013** » Mon Sep 02, 2013 5:54 pm

PAP means giving HO 14 days to review the case if they dont reply then solisitor lodge an appeal

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 5:56 pm

does this PAP letter secure our life in for 14 days, I mean enforcement team not able to come and arrest if we send PAP LETTER

Believe2013 · Post by **Believe2013** » Mon Sep 02, 2013 5:59 pm

Afternoon @Shondra @summer2013

I suggest you speak to your solicitors and see what options they advise you. I know it's cheeky and unfair of the HO to give you both less than a week to make arrangements with the enforcement team malarkey, all those that have been refused with no right of appeal receive the exact thing. I wouldn't panic at all. carefully weigh your options and hear what the solicitors say and take it from there.

I have emailed the BBC panorama people and I will do so daily until I get a favourable response. Anyone watch the Shawshank Redemption. Andy Dufreune sent a letter a week for 6 years to secure funding for the prison library. Now there is a nice film about HOPE

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 6:03 pm

@Believe2013 I am worried about enforcement team action i.e removal things my question is if we send PAP do we safe from that until 14 days, before the JR launghed. I want to safe from them at least some time, I will make my daughters british citizenship in one months time.

Believe2013 · Post by **Believe2013** » Mon Sep 02, 2013 6:08 pm

Shondra Sharma wrote:does this PAP letter secure our life in for 14 days, I mean enforcement team not able to come and arrest if we send PAP LETTER

In a way it does buy you some time as they need to respond to it before 14 days and only after that period can you apply for permission for JR. So a PAP is the first step in the JR procedure, so once initiated within 3 months if they do arrest you (very very very very very unlikely) they will have to let you go.

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 6:16 pm

Thanks @believe2013 I should forget about enforcement contact date and DO PAP as soon as possible Isn't it?

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 6:18 pm

one final thing@believe2013 for PAP do they have home office fee i.e charge some money

summer2013 · Post by **summer2013** » Mon Sep 02, 2013 6:31 pm

£500 PAP letter £1500 JR

Believe2013 · Post by **Believe2013** » Mon Sep 02, 2013 6:31 pm

Well are you doing the PAP yourself or solicitors? there is no charge from the HO end but your solicitors will probably charge you. no need to speak to the enforcement team after you have sent a PAP. They are bunch of clueless numpties anyways all they do is refer you to the 08707 number and if they do this it means they haven't received your file so you are a few months away from being earmarked for removal.

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 6:36 pm

@How can I do myself PAP? probably need a solicitor isn't it? money money everywhere, we limbo people how we can manage this, no job difficult to survive already £3000 gone for previous application, oh my god how we can fight with home office, what a life? God help us plz help us plz......................

Believe2013 · Post by **Believe2013** » Mon Sep 02, 2013 6:51 pm

Shondra Sharma wrote:@How can I do myself PAP? probably need a solicitor isn't it? money money everywhere, we limbo people how we can manage this, no job difficult to survive already £3000 gone for previous application, oh my god how we can fight with home office, what a life? God help us plz help us plz......................

if you are operating on a shoe string and finances are extremely tight the format of the letter is in the link below

http://www.justice.gov.uk/courts/proced ... v#IDAGJKCC

HOWEVER, I would stress you need some strong legal arguments in the letter to argue your case clearly so it's best if a solicitor does it for you. Only if you know what to argue and write then you can do it yourself.
All the best

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 7:01 pm

thanks for your valuable information@believe2013 if PAP works what happened? no need to go JR

Time503 · Post by **Time503** » Mon Sep 02, 2013 7:22 pm

Shondra Sharma wrote:my 7 year child application refused today with no right of appeal shocking been waiting for 11 months and decision go negative.

Hi shondra I'm totally speechless about the refusal but please be strong and focused. Thank God we have some gurus here that are already giving you some advice. Your child will soon qualify to be registered as a British citizen and surely they will have to rule in your favour!!!

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 7:26 pm

Thanks@time503 for your encouragement refusal reason is only you are a overstayer you have no leave to remain at the time of application shocking, they didn't say nothing about my child and my family life.

Believe2013 · Post by **Believe2013** » Mon Sep 02, 2013 7:31 pm

Shondra Sharma wrote:thanks for your valuable information@believe2013 if PAP works what happened? no need to go JR

Well PAP is what they call the letter before claim basically you are informing the HO that you wish to undertake Judicial review proceedings.

After the 14 days or longer if you wish, then you can now apply for Judicial review to the administrative courts. You will have the option of choosing whether your case is reviewed on paper or you have a hearing. I was advised to go for a hearing so that you can see the judge and put your case across in person. After your hearing or paper review whichever you chose you, will be notified whether or not your case can proceed for Judicial review which would have been in the High court but it's due to change as of 6 September.

So from the PAP you have exactly 3 months to lodge the claim if you have been granted permission for JR. It's sounds convoluted but is pretty straightforward. The only reason why solicitors charge a lot of money for it is there is a lot of photocopying, filing, collating, indexing and other administrative tasks when you prepare what they call the trial bundle.
One copy goes to the HO (treasury solicitor) 2 copies go the Judge, I copy to the court and you keep 2 copies just in case. so 6 documents or bundles have to be produced. depends on your case each bundle could be 200 pages in length - an entire rain forest for a trial that will last 30 mins to 45 mins - Anything you wish to argue in court has to be mentioned in the bundle otherwise new evidence on the day is ruthlessly thrown out.

all the best.

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 8:03 pm

@believe2013 thanks owo! what a wonderful explanination. God bless

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 8:05 pm

@beleive2013 does sometimes PAP accept the home office and no need to go for judicial review?

Believe2013 · Post by **Believe2013** » Mon Sep 02, 2013 9:12 pm

Shondra Sharma wrote:@beleive2013 does sometimes PAP accept the home office and no need to go for judicial review?

Hi it's not unprecedented and the HO have been known to change their decision or make a reconsideration due to a fact loaded or strongly worded PAP so you could be lucky and may not have to go the whole way with the JR procedure. So it's worth a try

Kukuwife · Post by **Kukuwife** » Mon Sep 02, 2013 10:29 pm

Shondra Sharma- so sorry for the refusal.

All the advices given seems fine and accurate.
Now, on the issue of parents with non British child is becoming clear that HO caseworkers are not following the guidelines. Most of the fresh applications are been refused with silly reasons.
How can they give a reason such as when the application was made you are an overstayer. Having said that I hope that your solicitor raise the issue of article 8 along with the application.

Shondra Sharma · Post by **Shondra Sharma** » Mon Sep 02, 2013 11:22 pm

I just get a email from my solicitor so interesting for my refusal home office didn't consider my child lived in uk 7 years, home office say parents have no leave to remain that's why even child lived in uk 7 years doesn't apply, even home didn't follow family life ex1, just refuse as their wish want to clear backlog with the minimum wage staff... owo my god its shocking

shareen24h · Post by **shareen24h** » Mon Sep 02, 2013 11:58 pm

[quote="Shondra Sharma"]I just get a email from my solicitor so interesting for my refusal home office didn't consider my child lived in uk 7 years, home office say parents have no leave to remain that's why even child lived in uk 7 years doesn't apply, even home didn't follow family life ex1, just refuse as their wish want to clear backlog with the minimum wage staff... owo my god its shocking[/quote]

@Sharma

HO trying to make our life harder to harder by no means. Thanks to your solicitors to send you an mail out of the office time. Stay positive.

Shondra Sharma · Post by **Shondra Sharma** » Tue Sep 03, 2013 12:06 am

thanks shareen24h I am always positive and fighting for a every moment I am here in uk 15 years still no stay, no job. The problem now is difficult to survive, even friends also fed up to help me, anyway its a life in it? what can I do? This time I thought I can make it but they refused on a purpose, living in a limbo life very hard, sometimes I forgot who am I? God bless

ali90 · Post by **ali90** » Tue Sep 03, 2013 12:16 am

watching some lawyers on tv channels lately saying that HO are basically refusing everyone and sending same letters to everyone seems to be worrying that they just dont care anymore. also with latest immigration posters how can people at ukba be so evil and cruel. havent they got any emotions

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