old or new rules for discretionary leave

Ket · Post by **Ket** » Wed Aug 08, 2012 9:02 am

Hi all,

I am new to this forum and would appreciate your advise.

I won my appeal based on article 8 on 31st January 2012 and received a positive determination from the courts on 22nd February. My passport is still with UKBA waiting for visas to be processed.

I would like to know whether the new or old rules will be applicable to me as obviously my visas will be issued after 9th July 2012. Still wondering why visas have not issued as it has 22 weeks since i received my determination from the courts. Any advise?

All advise is appreciated.

Many thanks.
Ket

naija99 · Post by **naija99** » Tue Sep 18, 2012 9:43 am

old rules

Post by **Greenie** » Tue Sep 18, 2012 10:25 am

7 months is an unreasonable delay. Do you have a solicitor-if so have they considered applying for judicial review? Have you contacted your mp?

Ket · Post by **Ket** » Tue Sep 18, 2012 9:06 pm

Hey Greenie, i have contacted my MP. My MP has made contact with UKBA 3 times and they always say that my case has been assigned to a case worker but they cant give a time frame when my documentation will be issued to me. I am thinking of now writing to Prime Minister. Has anyone written to the Prime Minister ?

Ket · Post by **Ket** » Tue Sep 18, 2012 9:08 pm

Hey Greenie, why do you suggest judicial review? What is judicial review? I am so frustated. My life is at a standstill.

Ket · Post by **Ket** » Wed Sep 19, 2012 8:20 pm

reply to peppekalle and sudeshmehta following other posts. Let me give you a brief history of my case:

1. Appeal allowed in January 2012
2. My solicitor started to chase UKBA in May 2012 but they would not respond and always said my case is in transit.
3. Made contact with MP in July who spoke to UKBA. UKBA advised MP that a caseworker is now being assigned to work on my case but they cant give a time frame when visas will be issued.
4. MP again contacted UKBA in August. UKBA said my case has been assigned to case worker and it will be minimum 8 weeks before UKBA may get in touch with me.
5. MP again made contact with UKBA in mid September and was advised that caseworker has been assigned to work on my case but cant give a time frame when visas will be issued.

We are just going in circles and cant see any progress.

I really need help.I advised MP that i need to start working again. How do I survive?

UKBA is really taking such a long time to work on my case. Their rules and regulations on their website says successful appeals are implemented in 3 months. My one has been more than double the time.
My solicitor now wants money for chasing UKBA.
How can this matter be resolved? Can me complaining to UKBA resolve it?
I really need help and advise.

peppekalle · Post by **peppekalle** » Wed Sep 19, 2012 11:33 pm

Ket wrote:reply to peppekalle and sudeshmehta following other posts. Let me give you a brief history of my case:

1. Appeal allowed in January 2012
2. My solicitor started to chase UKBA in May 2012 but they would not respond and always said my case is in transit.
3. Made contact with MP in July who spoke to UKBA. UKBA advised MP that a caseworker is now being assigned to work on my case but they cant give a time frame when visas will be issued.
4. MP again contacted UKBA in August. UKBA said my case has been assigned to case worker and it will be minimum 8 weeks before UKBA may get in touch with me.
5. MP again made contact with UKBA in mid September and was advised that caseworker has been assigned to work on my case but cant give a time frame when visas will be issued.

We are just going in circles and cant see any progress.

I really need help.I advised MP that i need to start working again. How do I survive?

UKBA is really taking such a long time to work on my case. Their rules and regulations on their website says successful appeals are implemented in 3 months. My one has been more than double the time.
My solicitor now wants money for chasing UKBA.
How can this matter be resolved? Can me complaining to UKBA resolve it?
I really need help and advise.

Go to your local law center http://www.lawcentres.org.uk/lawcentres/ Some centers offer free immigration advice and they could even chase your case for free.

Have you phoned UKBA?Don't bother phoning the 0870 number ........the number to phone is on the refusal decision or the local enforcement team if they are holding your passport.

Is your mp conservative by any chance?Have you got evidence that UKBA said in may 2012 your case was in transit?

net5 · Post by **net5** » Fri Sep 21, 2012 5:22 pm

just to give you an update on my case, got my immigration status document today and even though my appeal was allowed on 17th of september i was given 3 years dlr under the old rules. Am so happy about how quick it took to get this. Keep the faith and it would happen soon.

Ket · Post by **Ket** » Sun Sep 23, 2012 12:51 pm

Hey net5, that is soo quick. Am happy for you. How did you get discretionary leave under old rules when appeal was allowed on 17th September? You got immigration status document in just a week.

Ket · Post by **Ket** » Sun Sep 23, 2012 1:00 pm

Hey peppekalle, thanks for your advise.My MP is conservative. I have not called UKBA 0870 as people on this forum said not to bother calling them. I dont have evidence saying papers in transit as my solicitor had called and not me. I have evidence from MP in july saying that my case been given to a case worker but UKBA cant give a time frame as to when i will get my documentation. Got evidence from MP in August that i will hear from UKBA in minimum 8 weeks.
I need help. What can i do? Its been a long time since i won my appeal.

Ket · Post by **Ket** » Sun Sep 23, 2012 3:34 pm

Hey peppekalle, what department shall i talk to at the local enforcement team?

Ket · Post by **Ket** » Sun Sep 23, 2012 4:03 pm

Anyone got the number for Home Office in Liverpool besides the 0870 as that is from where I first received refusal letter.

temmyt · Post by **temmyt** » Sun Sep 23, 2012 5:36 pm

Ket wrote:reply to peppekalle and sudeshmehta following other posts. Let me give you a brief history of my case: hello while your case is in transit, you CAN still work as this happened to me and i was still working till they requested for my passport

1. Appeal allowed in January 2012
2. My solicitor started to chase UKBA in May 2012 but they would not respond and always said my case is in transit.
3. Made contact with MP in July who spoke to UKBA. UKBA advised MP that a caseworker is now being assigned to work on my case but they cant give a time frame when visas will be issued.
4. MP again contacted UKBA in August. UKBA said my case has been assigned to case worker and it will be minimum 8 weeks before UKBA may get in touch with me.
5. MP again made contact with UKBA in mid September and was advised that caseworker has been assigned to work on my case but cant give a time frame when visas will be issued.

We are just going in circles and cant see any progress.

I really need help.I advised MP that i need to start working again. How do I survive?

UKBA is really taking such a long time to work on my case. Their rules and regulations on their website says successful appeals are implemented in 3 months. My one has been more than double the time.
My solicitor now wants money for chasing UKBA.
How can this matter be resolved? Can me complaining to UKBA resolve it?
I really need help and advise.

net5 · Post by **net5** » Sun Sep 23, 2012 6:34 pm

thanks ket, i still don't know why they gave me under old rules even though i was expecting the new rules. Am not going to complain because i got my isd within 2 weeks of them requesting for my passport. Just keep complaining and chasing your mp , it will happen soon.

Ket · Post by **Ket** » Sun Sep 23, 2012 7:13 pm

Hi net5, have they returned your passport with isd? Did you win your appeal in August or Septemeber? Its better you have fallen under old rules.well done.

net5 · Post by **net5** » Sun Sep 23, 2012 8:08 pm

i don't have a passport hence why they issued an isd. I went to the upper tribunal on 2nd of august and my determination was received on the 16th. I received a letter on the 6th of september requesting for my passport but my solicitor replied that i didn't have any and got my isd on the 21st of september with 3 years DLR

Ket · Post by **Ket** » Sun Sep 23, 2012 8:23 pm

Hi net5, that was soo quick.Lucky you. I am still waiting for my documentation. What details does an isd have if you dont mind me asking? Does it have a photo of you? What other details?

net5 · Post by **net5** » Sun Sep 23, 2012 8:53 pm

it has a photo of you, valid from and end date of a visa. It looks just a normal visa that would be in a passport but on a paper with a stamp for autencity

Ket · Post by **Ket** » Sun Sep 23, 2012 9:47 pm

Thanks net5 for the info. Would anyone be knowing what department i have to talk to at the local enforcement team? Does anyone have the local number for Liverpool Office for UKBA as they had first refused my application.

Ket · Post by **Ket** » Mon Sep 24, 2012 9:48 am

what department shall I talk to at the local enforcement team in Hounslow?

Ket · Post by **Ket** » Mon Sep 24, 2012 6:47 pm

hey net5, i know you won your appeal on 2nd August at Upper Tribunal but when you did make an application to appeal?

Post by **Greenie** » Mon Sep 24, 2012 7:49 pm

Net5 wasn't your appeal originally allowed several months ago but ukba appealed? Perhaps that's why you were granted discretionary leave and not leave under the new rules.

Ket · Post by **Ket** » Mon Sep 24, 2012 8:23 pm

It could be that net5 made an application to appeal prior to 9th July and went for court hearing on 2nd August, thus getting discretionary leave under old rules. Right?

net5 · Post by **net5** » Mon Sep 24, 2012 8:34 pm

i won my first tier appeal in october last year and home office appealled the decision. It then took 9 months to get a date at the upper tribunal

Ket · Post by **Ket** » Mon Sep 24, 2012 9:02 pm

Thanks net5.

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old or new rules for discretionary leave

old or new rules for discretionary leave