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Hi Greeniedo you have a solicitor? you need to seek advice on whether you have grounds for JR or at the least a pre-action protocol letter?
Hi Tier-1Hey Joejo,
Dont go to solicitor first as that is the way to spend money and time and energy. I have had great success with PHSO onmudsman. They are great people and they are good at calling a spade a spade and good at bringing fairness.
I have had excellent experiences with them. They have helped me in my tier-1 extension case. They have help me get a refund from home office of £1600 as well.
So I would say, raise it to ombudsman, if you can. Just to tell you, you need to first raise a formal complaint to the UKBA ( there is a seperate form for this ) and if you are not satisfied with the reply, ask your MP to escalate this to ombudsman. You have waited for 28 months. Start this process. It will take one month of complaint-process with UKBA initially. Thats it. If you are on the right side, you are just one month away from being doled fairness.
Hey tier-1You can call up PHSO and discuss with the person who is going to deal with your case. They are very good people and will answer your queries very well. Thier SLA is 40 working days however they generally take 20 working days.
Look, Since you do not get a chance to do some sort of litigation/hearing with the ombudsman, you need to provide the ombudsman with all the evidence and information that you have in your favour. A lot will depend on how convincing your claims and evidences supporting your claims are. Sometimes an evidence may not be possible. In such case they make a discretionary decision.
Also I do not mean to say that ombudsman will make a decision in your favour. They do give UKBA a chance to tell their side of story.
But they definitely will fix any unwarranted delays and wrong decisions.
Good luck.
Hi tier-1You can call the PHSO anytinme. They will be happy to talk to you.
DO CALL THEM and explain your case. If you dont they rely on what is written in your forms. You have the opportunity/right to detail your case to ombudsman through the phone. DONT miss this.
Hi tier-1Thats a great news Joejo. You have got a definite date now. Just make sure that you have sent all documents in support of your visa, to the UKBA.
Also remember, however much UKBA says that they will not consider documents sent after the main application, the fact is that they are oblisged to consider documents sent after the main application, at least as long as it is sufficiently before the decion is made and you have made them well aware about the additional docs sent.
In my case, I had sent additional bank statements. Asked over the phone, customer care used to say that additioanal documents sent after the maimn application submission will not be considered. However I still sent the docs to them and informed about the same by email as well.
And you know what, it was only after the intervention of ombudsman that the UKBA was forced to consider the addtional stmts and change thier decision,from refusal to grant.
I think this thread can be made sticky, to let eveyone know about ombudsman. Currently I think not many people know about them.
Hey Tier-1They will not play any more games, as they used to, any-more. MPs are not enforcement bodies whereas Ombudsmen are.
An ombudsman is like a police for government bodies. Just as you go to police if you are a victim of crime, the same way you go to ombudsman if you are victim of government bodies. And just as you have to give an FIR to the police, in this case you give a format complain to the govt body itself.
Moderators, Can this thread be made a sticky please. It can be a source of information ( and inspiration as well) for so many people.
Hey tier-1Thats why I am saying, don't give UKBA any reason to reject your visa. Submit all the docs. Get them all checked and reviewed by friends, family, solicitor etc.
Joejo wrote:"tier-1"Thats why I am saying, don't give UKBA any reason to reject your visa. Submit all the docs. Get them all checked and reviewed by friends, family, solicitor etc.
Hey tier-1
Got my copy of the confirmation letter from the Ombudsman on saturday 16th/3/12 to my MP,stating "In response to our enquiry UKBA said that they would conclude their reconsideration by the 7th/5/12,However we will monitor UKBA'S handling of their reconsideration,and should there be unnecessary delay,we will intervene again ".And then on the same date i got another letter from my solicitors,UKBA had faxed stating"that they are currently in the process of considering my case but needed a faxed copy of my application as its not on file yet they had sent a few letters to my MP before saying that they have considered the application and are yet to make a decision asap" so my solicitors reffered them back to their correspondence and enclosed copies as well. As we submitted all and they have everything, even what they have requested,its now time to tell.
Hi guys
Well well well as tier-1 mentioned above, UKBA hatched another plan and responded yesterday with a refusual claiming that i need to prove more of my article 8,not enough evidnce on their file,although i did give them all they asked for.but they want from the 2.5yrs that i have been waiting for their reconsideration. To catch me out if i have not been in contact, as my claim is based on my daughter and how i have been active in her life,though i'm not with my common law baby mother,we gat a very good understanding when it comes to the best intrest of my daughter.with all the evidence of finacial support, visits and communication from the day she was born 7yrs now. but however i need some advice or samples of letters of support. for my close friends and family who are all citizens to help me put together my appeal as i want to attach pictures to each, please can someone who has been sucessful in an appeal regarding Art8,advice me on how to go about this in the best way possible.Am quiet pleased that i know where i stand and can hatch the next move.
I will be looking forward to hearing from you all
I'm still
Thanks
the ombudsman cannot tell the UKBA to make a certain decision. Decisions on applications based on human rights are made on the basis of the circumstances on the date of decision, not on the date of application.tier-1 wrote:Hello Joejo,
What does yur solicitor say about this. I have no clue about the kind of visa you are trying to get but I would say that rather than appealing straight away, speak to your ombudsman again and tell them why you think your visa should be granted rather than refused. But as I said you really need to study carefully the reason why UKBA has refused.
Also, the visa needs to be granted based on the situation that prevailed at the time you made application and not on how things transpired after that.
Take this to ombudsman. What is your solictor doing. Did you take his advise.
tier-1 wrote:Well I cannot directly refute the point Greenie made since I am not familliar with the kind of visa in question here.
However I can say for certain that if there is a process for grant of visa and is based in documentary evidence, then it can be taken to ombudsman. Anyway there is no harm in trying speaking to ombudsman and checking out.
With regards to date: Greenie, Waht you are saying could be true but again I differ. If only that was the case, then UKBA could always hold on to an application untill the applicants circumstances are not good enough and then refuse.
All visa application have timelimit and if the UKBA go beyond that and the circustances of the applicant detoriate, then that is not for the advantage of UKBA.
And exactly these are the points that need to be taken to Ombudsman. From my experience, ombudsman can tell UKBA to reconsider their decision, which is a cue to UKBA. If the UKBA stil refuses and the matter goes at ahigher level, the UKBA will be flogged to give the decion ombudsman thinks right. Fortunately UKBA are intelligent enough to pick the cues and avoid being flogged.
Hey Guys,Agree with you points. However there is a time limit within which the decisions have to be made.
However in course of time spent in delay, if an applicant becomes less elligible, UKBA cannot take advantage of it.
How do you know that the detoriation, in this case of family-life and relationship, has not resulted from stress due to the very delay itself.
Going to ombudsman is faster and better than appeal. If the appeal process does not help, ombudsman cant intervene. However it is not the otherway. So its best to go to ombudsman as it is fast and free as well.