should i go 4 JUDICIAL REVIEW?

migrant80 · Post by **migrant80** » Mon Sep 15, 2014 5:53 pm

hi all
on 5 apr 2014 my wife and daughter sent a request to vary their outstanding application of pbs dependents into FLR M.

DIDn't paid the fee for FLR M BUT requesting HO to adjust the previous application fee into FLR M.as i understand from the HO published guidance that in case of variation fee will be adjusted.

on 15 apr 2014 HO returned application as invalid because fee not paid.

i made an online complaint to ukba and then asked MP for his help .but never got any reply from ukba.

now 12 nov we received our passports back from ukba saying as me(main applicant)have been granted ILR in august so ukba is returning our pbs dependents applcation/passports.

now i dont know what should i do?

thinking to go for JUDICIAL REVIEW but confused which date they will consider i mean JR can be applied within 3 months of the decision. in my case is it starting from 15 apr OR 12 nov? (i was waiting for a reply of my complaint)

do we have 28 days to apply any other visa? as my wife and daughter visa already expired long time ago.

please anyone has any info please tell me. many thanks

Post by **Obie** » Tue Sep 16, 2014 1:48 am

It will have to be from the date of the decision, as you will have difficulties if you base it on the day of the refusal to accept variation request.

I guess you did not obtain ILR under the PBS provision.

migrant80 · Post by **migrant80** » Tue Sep 16, 2014 7:19 pm

thanks obie for your help

i was granted ILR on 10 yrs long stay.

can i argue that i was waiting for the outcome of my complaint as ukba assured me in their acknowledgement that they will reply me as soon as possible.

but instead they returned our passports without any update of complaint.so 9 nov (date on letter with passports) should be considered as as decision date? does it looks acceptable? many thanks

Post by **Obie** » Wed Sep 17, 2014 3:40 pm

Yes you could do that, send a Pre-action protocol and start ASAP.

The court will extend time if they believe it is in the interest of justice to do so.

ddfan20 · Post by **ddfan20** » Wed Sep 17, 2014 3:49 pm

sorry for writing in your post but I need an answer...

I was wondering what next?
I won the appeal with FTT on human rights ground by also fulfilling all immigration rules , HO requested permission to appeal to UT but was refused. What next with HO continue to make it hell for me or it will stop. how long will I have to wait for in order to know whether I will get my passport back with visa?

looking forward for some answers thank you.

D

migrant80 · Post by **migrant80** » Wed Sep 24, 2014 5:55 pm

please guide me what should i do

i have sent pre action protocol to ukvi.
on other hand i am also in contact with MP and going to request him to approach ombudsman (in case JR permission is not given)

meanwhile what should i do to keep my status legal?i mean visas have already expired and from 9 sep(date of returned application) i have 28 days to apply any visa.
if i go for ombudsman/JR do i have to apply any visa to stay legal (as after ombudsman/JR investigation my complaint can be rejected.)
i can not fulfill flr m financial requirement.according to new rules.

is there any other category which i can apply?

my son 8 years born in uk but lived for 4 years in uk.

daughter 6 years born in pakistan living in uk last 3 years.

i got ILR last month on 10 yrs base.

please guide me in this situation. many thanks

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should i go 4 JUDICIAL REVIEW?

should i go 4 JUDICIAL REVIEW?

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