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Can home office reconsider its decision while they are in appeal against me, Although this appeal was allowed to me

General UK immigration & work permits; don't post job search or family related topics!

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kamran1986
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Appeal allowed, which home office challenging and at the same time home office UK Work and Visa sending Reconsideration

Post by kamran1986 » Fri Mar 31, 2023 12:00 am

Hello,

Just need an expert advice on my matter.

My appeal was allowed on 27/01/2023, which was against the allegation of ETS TOEIC and hence I was allowed to make an application of ILR on the basis of 10 years.

But home office ask for permission to appeal against the decision of first tier tribunal on 13th day, which was in time.

The tribunal accepted home office stance and allowed that they will re-consider their decision as an error might have been made in the court of law. Although no further information is provided that this next hearing will be paper based or oral. It was approved by the court on 22/03/2023

But at the same time UK work and visa sent an email to my solicitor on 21/03/2023 explaining that they have received a decision of 27/01/2023. They informed that Post decision unit is working on it and they will reconsider their decision as soon as possible and may ask me some further documents which I would be needed to submit within a given deadline. I have also been informed not to make any travel arrangement yet.

My question is why this email from work and visa, when home office is still pursuing the appeal and it is also allowed by the court.

Is it a mistake from the home office or home office is still considering to grant visa although appeal is still in process.

Or if any of the experienced member can tell me something what is happening in my case.

I would really appreciate it

Thanks

Kamran

AmazonianX
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Posts: 8123
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Appeal allowed, which home office challenging and at the same time home office UK Work and Visa sending Reconsiderat

Post by AmazonianX » Fri Mar 31, 2023 2:10 am

You will need to wait further to
1. The appeal process from HO
2. Reconsideration decision

Sometimes the information and workings of the agencies poses confusion however with time there will be clarity.

Be patient while hoping for the best possible outcome.

kamran1986
Newly Registered
Posts: 4
Joined: Thu Mar 30, 2023 11:32 pm
United Kingdom

Re: Appeal allowed, which home office challenging and at the same time home office UK Work and Visa sending Reconsiderat

Post by kamran1986 » Sat Apr 01, 2023 6:13 pm

Dear Amazonianx,

Thanks for your reply. I am already waiting as that's the only option for me right now.

Could you please clarify me about:

1 Roughly how long it takes from the court to give date of hearing or for the whole process.
2 Is there any possibility that home office can still reconsider its decision while we are in appeal? or they will wait for the court appeal to be decided and only then reconsider their decision.
3 By any chance is it possible that both of the department of home office post decision woking unit and appealing department have not communicated regarding recent court allowing of their appeal.

Have you experienced similar cases like mine in the past?

Thanks for your time and valuable advice.

kamran1986
Newly Registered
Posts: 4
Joined: Thu Mar 30, 2023 11:32 pm
United Kingdom

Can home office reconsider its decision while they are in appeal against me, Although this appeal was allowed to me

Post by kamran1986 » Tue Apr 04, 2023 12:20 pm

Dear CASA or Zimba,

Just need your expert advice on my matter.

My appeal was allowed on 27/01/2023, which was against the allegation of ETS TOEIC and hence I was allowed to make an application of ILR on the basis of 10 years.

But home office ask for permission to appeal against the decision of first tier tribunal on 13th day, which was in time.

The tribunal accepted home office stance and allowed that they will re-consider their decision as an error might have been made in the court of law. Although no further information is provided that this next hearing will be paper based or oral. It was approved by the court on 22/03/2023

But at the same time UK work and visa sent an email to my solicitor on 21/03/2023 explaining that they have received a decision of 27/01/2023. They informed that Post decision unit is working on it and they will reconsider their decision as soon as possible and may ask me some further documents which I would be needed to submit within a given deadline. I have also been informed not to make any travel arrangement yet.

My question is why this email from work and visa, when home office is still pursuing the appeal and it is also allowed by the court.

Is it a mistake from the home office or home office is still considering to grant visa although appeal is still in process.

Could you please clarify me about:

1 Roughly how long it takes from the court to give date of hearing or for the whole process.
2 Is there any possibility that home office can still reconsider its decision while we are in appeal? or they will wait for the court appeal to be decided and only then reconsider their decision.
3 By any chance is it possible that both of the department of home office post decision working unit and appealing department have not communicated regarding recent court allowing of their appeal.

Have you experienced similar cases like mine in the past?

Thanks for your time and valuable advice.

I would really appreciate it

Kamran

AmazonianX
Respected Guru
Posts: 8123
Joined: Tue Jun 11, 2019 2:09 pm
United Kingdom

Re: Can home office reconsider its decision while they are in appeal against me, Although this appeal was allowed to me

Post by AmazonianX » Tue Apr 04, 2023 1:06 pm

You do have an existing topic for this question already.

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CR001
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Re: Can home office reconsider its decision while they are in appeal against me, Although this appeal was allowed to me

Post by CR001 » Tue Apr 04, 2023 1:12 pm

Topics merged!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kamran1986
Newly Registered
Posts: 4
Joined: Thu Mar 30, 2023 11:32 pm
United Kingdom

Re: Can home office reconsider its decision while they are in appeal against me, Although this appeal was allowed to me

Post by kamran1986 » Tue Apr 04, 2023 2:46 pm

Dear Sirs,

That's absolutely fine. I addressed to specific members again as the member who replied me initially was not able to answer clearly, therefore I addressed specifically to 2 members who I believe might be able to answer specifically, but definitely not an immigration advice. I hope it might clarify.

Thanks

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