Intresting call from ukba

[pakhtoon77]

hi, my visa was rejecting on the grounds that my contract does not mention my services( it clearly does mention it). we appealed it and at the same time wrote to the HO regarding the error they have made in deciding my application. 3 months later my solicitor received a call from the UKBA firstly apologising for the delay in responding to our letter. he accepted that there is an oversight however he was not clearly accepting it as an error from HO.
he offered to reconsider my case but the time that I have spent in uk since the refusal which is about 3 months will not be counted as legal.....effectively breaking my 10 years. My 10 years completing end of dec while my hearing is in july.(5 months after hearing at FTT).
Has anybody received similar call??? I think its just a trap...to break my 10 year...what do you guys think...

[Olasunkanmi]

@ pakhtoon77, HO cannot break your legal stay even if they reconsider your case, your extension of previous leave under section 3C was base on immigration rule which was drafted up by parliament and not HO, so HO cannot decide to break your section 3C even if they refuse or approve your application during reconsideration

You have the option to send them another letter stating that if they try to break your section 3C leave, the court will promptly re-instate it and you will have to seek for compensation for absolute waste of your time and money. They will definitely retract the statement and will either issue your visa or go on with the appeal which you are very likely to win anyways.

[tanvir1985th]

well one thing is unclear from yr post. did the case worker give an offer saying that he will reconsider if u accept the break of yr continuity? or did he ask to withdraw the appeal should he reconsider? the first one is quite impossible. but second one is a valid proposal and a legal one but it will break yr continuity as it does not reinstate section 3c. but if the FTT decides to send the case back to UKBA for a new decision then section 3c is reinstated and yr continuity will go on. so dont withdraw appeal

[Ameer_zyzom]

Re: Intresting call from ukba
by tanvir1985th » Sun Feb 16, 2014 9:37 pm

well one thing is unclear from yr post. did the case worker give an offer saying that he will reconsider if u accept the break of yr continuity? or did he ask to withdraw the appeal should he reconsider? the first one is quite impossible. but second one is a valid proposal and a legal one but it will break yr continuity as it does not reinstate section 3c. but if the FTT decides to send the case back to UKBA for a new decision then section 3c is reinstated and yr continuity will go on. so dont withdraw appeal

. 100% right

[pakhtoon77]

Thanks for the sincere opinion, well the UKBA spoke to my solicitor not me so I just written down what he told me. he says that he have written down the name of the individual from the HO and also made notes of there discussion for future reference(with HO and also in court). but yes I think he must have proposed to reconsider the case if we take the appeal back since this is the only way in which my time spent after refusal could have become illegal.

[teddybear79]

if HO calls again , ask them for their proposal in writing