FLR(O) Discretionary Leave waiting times ..??

[Believe2013]

Congratulation Tao, another victory which rising our hops to get our extension granted soon inshallah

Good morning Verbs, yummymummy, khaldoon, SDP, Summer2013, Shareen, Bobby04, Time503, Shondra, Dapsonlee, hatchsead, Tao, Nilemarques, poketoholo, chandhi, smatts07, 11ab rammie20, Godgives and those hiding behind the scenes too! (and if I have left anyone my profuse apologies )

Congrats Tao you have earned it - Poketoholo thanks indeed our time will come. Dapsonlee chin up buddy we are on the home straight. I know you are tired but almost there buddy, almost there.

Hi Believe2013! Am just going through the post. Been drafting letters to he Hate Office!!

Nile no worries, "I ain't going nowhere type of letter" worked for one of the clients from the same solicitors as mine. Way quicker and cheaper than JR too. By law they should issue you with removal notice once 1)either you have declared you are not leaving 2) after 3 months of the refusal decision. All the best.

[ali90]

hi all i just wanted to know that after you have submitted further documents if request how long does it usually take to get a decision

and also some lawyer on tv said that if u call HO regularly to find out about your application they will get fed up and refuse you is it true or it depends if you are calling to get a update rather than writting letter straight to the caseworker

[GodGives]

hi all i just wanted to know that after you have submitted further documents if request how long does it usually take to get a decision

and also some lawyer on tv said that if u call HO regularly to find out about your application they will get fed up and refuse you is it true or it depends if you are calling to get a update rather than writting letter straight to the caseworker

Hi Ali nice to hear from you. Hope Ur sister is doing great. It shouldn't take long prob 6werks but seems like urs is taking a while. It's best to contact mp for update on Ur case. Ho won't refuse just because you are calling that's absolute rubbish

[ali90]

hi all i just wanted to know that after you have submitted further documents if request how long does it usually take to get a decision

and also some lawyer on tv said that if u call HO regularly to find out about your application they will get fed up and refuse you is it true or it depends if you are calling to get a update rather than writting letter straight to the caseworker

Hi Ali nice to hear from you. Hope Ur sister is doing great. It shouldn't take long prob 6werks but seems like urs is taking a while. It's best to contact mp for update on Ur case. Ho won't refuse just because you are calling that's absolute rubbish

Hey they did contact me again for more documents andit vbeen 2 weeks since I sent documents so hoping this week be it

[alina143]

Hi my partners soliciter just put in his application on Friday when will I receive an acknowledgement letter from home office they told him to return back on the 29.08.2013 what would happen about that as the application was just put in on the Friday gone

[EB1227]

hi all i just wanted to know that after you have submitted further documents if request how long does it usually take to get a decision

and also some lawyer on tv said that if u call HO regularly to find out about your application they will get fed up and refuse you is it true or it depends if you are calling to get a update rather than writting letter straight to the caseworker

from the time thry asked for more documents to the time I received my bio card was 7 weeks I wkuld reccomend waiting about 4 weeks to see if thry get back to you and if they dont contsct your mp snd let them phone on ur behalf they will get more information out if them about the status if ur case

[Shondra Sharma]

If it sounds too good to be true, it probably is.” I was optimistic last year at the apparent reintroduction of the 7-year rule. This followed the caselaw which in turn had followed the old policy of DP/5/96, which said that where a child had lived in the UK for seven years, it would not usually be reasonable to expect them to leave.

However, the reality of the situation has turned out to be less than ideal. The EX.1 part of Appendix FM is only applicable to those who also meet certain specified parts of the Immigration Rules – so, for example, UKBA are currently refusing applications where the applicant does not have ‘sole responsibility’ for the child and therefore cannot meet E-LTRPT.2.3 of Appendix FM which states that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK); or
(b) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Essentially, the interpretation of EX.1 being applied by UKBA excludes married or partnered parents from the policy. This seems like insanity: given that the rule is, according to UKBA’s own guidance, in existence in order to ensure that the rights of the child are respected, what does the marital status of their parents have to do with it? Are UKBA seriously suggesting that parents who apply jointly are excluded, thus encouraging them to divorce in order to ensure their child gets to continue in education?

The application of the rule seems to fly in the face of the purpose of it and also the guidance. Such decisions may also contravene Article 8 ECHR as applied outside Appendix FM. The only way to challenge is usually via judicial review. Needless to say, I’ve spent much of the last fortnight writing judicial reviews on this point.
Because of that our 7 year child application refused. Could you elaborate please?

[yummymummy3j]

good evening all....
@dapsonlee and vebina , sdp, i know how down you guys are feeling right now but i urge you to hang in there and know that this is another phase in your various lives and it will soon pass ...there is light at the end of the tunnel..the lord almighty will meet you all at the point of your needs.i i am sending you lots of cuddles and kisses as well as praying for you all..chin up guyzzz
@believe how are you dear? this is just to say all yr wonderful contributions have not gone un noticed..thnk you..may God grant all yr heart desires..

[yummymummy3j]

@hatchseed thx 4 yr words of wisdom

[Shondra Sharma]

does that means we(husband and wife married) under this rule, we both look after the kids, we both are overstayers, and our child lived in uk 7 or more years, we have both sole responsibility of our child isn't it? I didn't get it how this rules implemented by case workers and refused?

[nilemarques]

[quote="Believe2013"][quote="nilemarques"][quote="Believe2013"][quote="Khaldoon"]Congratulation Tao, another victory which rising our hops to get our extension granted soon inshallah[/quote]

Good morning Verbs, yummymummy, khaldoon, SDP, Summer2013, Shareen, Bobby04, Time503, Shondra, Dapsonlee, hatchsead, Tao, Nilemarques, poketoholo, chandhi, smatts07, 11ab rammie20, Godgives and those hiding behind the scenes too! (and if I have left anyone my profuse apologies )

Congrats Tao you have earned it - Poketoholo thanks indeed our time will come. Dapsonlee chin up buddy we are on the home straight. I know you are tired but almost there buddy, almost there.[/quote]

Hi Believe2013! Am just going through the post. Been drafting letters to he Hate Office!![/quote]

Nile no worries, "[b]I ain't going nowhere type of letter[/b]" worked for one of the clients from the same solicitors as mine. Way quicker and cheaper than JR too. By law they should issue you with removal notice once 1)either you have declared you are not leaving 2) after 3 months of the refusal decision. All the best.[/quote]

Thanks Believe2013! I will keep bombarding the enforcement team by e-mail until they block me! lol!! No going back,nothing to lose!
@ Shondra. What have you done about your issue?

[Believe2013]

does that means we(husband and wife married) under this rule, we both look after the kids, we both are overstayers, and our child lived in uk 7 or more years, we have both sole responsibility of our child isn't it? I didn't get it how this rules implemented by case workers and refused?

Yummymummy you rock you keep this forum sane and alive.

Shondra, according to your second last post so in a nutshell yes the rule is not applicable to married couples and cohabiting partners too. You would have thought that your lawyers and their beady eyes would have spotted that perhaps they did and are arguing the point from an article 8 perspective and if so, then they are correct, easily a case that could be won in European Courts of Justice. There is a misapplication of the law by the HO and clearly the welfare of children is not put at the forefront of the case. If anything their decision is punitive to children, who are helpless innocent victims in all this. They have gone nutts we need people that can understand and interpret the law accurately in the HO. Another example is whereby they state you must not be over 25 and must have lived more than half your adult life in the UK bla bla . well the term adult refers to somebody who is 18. so technically if you are 25 you have lived 7 adult years and if you have been in the uK for 4 years you think you will fall into that category but of course not what they mean is half your entire life not adult life. The degree of ambiguity is too much. How the hell do they get away with this in the courts of law.

[hatchsead]

does that means we(husband and wife married) under this rule, we both look after the kids, we both are overstayers, and our child lived in uk 7 or more years, we have both sole responsibility of our child isn't it? I didn't get it how this rules implemented by case workers and refused?

Yummymummy you rock you keep this forum sane and alive.

Shondra, according to your second last post so in a nutshell yes the rule is not applicable to married couples and cohabiting partners too. You would have thought that your lawyers and their beady eyes would have spotted that perhaps they did and are arguing the point from an article 8 perspective and if so, then they are correct, easily a case that could won in European Courts of Justice. There is a misapplication of the law by the HO and clearly the welfare of children is not put at the forefront of the case. If anything their decision is punitive to children, who are helpless innocent victims in all this. They have gone nutts we need people that can understand and interpret the law accurately in the HO. Another example is whereby they state you must not be over 25 and must have lived more than half your adult life in the UK bla bla . well the term adult refers to somebody who is 18. so technically if you are 25 you have lived 7 adult years and if you have been in the uK for 4 years you think you will fall into that category but of course not what they mean is half your entire life not adult life. The degree of ambiguity is too much. How the hell do they get away with is in the courts of law.

Its not a mistake rather, its a deliberate act of wickedness

[nilemarques]

[quote="Shondra Sharma"]If it sounds too good to be true, it probably is.” I was optimistic last year at the apparent reintroduction of the 7-year rule. This followed the caselaw which in turn had followed the old policy of DP/5/96, which said that where a child had lived in the UK for seven years, it would not usually be reasonable to expect them to leave.

However, the reality of the situation has turned out to be less than ideal. The EX.1 part of Appendix FM is only applicable to those who also meet certain specified parts of the Immigration Rules – so, for example, UKBA are currently refusing applications where the applicant does not have ‘sole responsibility’ for the child and therefore cannot meet E-LTRPT.2.3 of Appendix FM which states that:

E-LTRPT.2.3. Either-

(a) the applicant must have sole parental responsibility for the child or the child normally lives with the applicant and not their other parent (who is a British Citizen or settled in the UK); or
(b) the parent or carer with whom the child normally lives must be-

(i) a British Citizen in the UK or settled in the UK;
(ii) not the partner of the applicant (which here includes a person who has been in a relationship with the applicant for less than two years prior to the date of application); and
(iii) the applicant must not be eligible to apply for leave to remain as a partner under this Appendix.

Essentially, the interpretation of EX.1 being applied by UKBA excludes married or partnered parents from the policy. This seems like insanity: given that the rule is, according to UKBA’s own guidance, in existence in order to ensure that the rights of the child are respected, what does the marital status of their parents have to do with it? Are UKBA seriously suggesting that parents who apply jointly are excluded, thus encouraging them to divorce in order to ensure their child gets to continue in education?

The application of the rule seems to fly in the face of the purpose of it and also the guidance. Such decisions may also contravene Article 8 ECHR as applied outside Appendix FM. The only way to challenge is usually via judicial review. Needless to say, I’ve spent much of the last fortnight writing judicial reviews on this point.
Because of that our 7 year child application refused. Could you elaborate please?[/quote]

@ Shondra. What the HO are are doing is unlawful. They are only considering the parents application under 276ADE but are not even considering the children under 276ADE (iv) as far as I can understand from my refusal. They didn't even attempt to consider. I have written a reconsideration letter stating the obvious and hope to have them refuse my children under that context. In the meantime I am pushing for a removal decision.

[yummymummy3j]

@alina143... you shld get acknowledgement letter within 2weeks but in my case i got it 4wks after

[Shondra Sharma]

@nile in our case my solicitor saying home office must first consider the rules and then human rights, he told me high court ruled out home office new rules in march 2012 (he told me Nagre case) so we all 7 year child case people win the case in court if you don't have a any criminal conviction.

[nilemarques]

[quote="Shondra Sharma"]@nile in our case my solicitor saying home office must first consider the rules and then human rights, he told me high court ruled out home office new rules in march 2012 (he told me Nagre case) so we all 7 year child case people win the case in court if you don't have a any criminal conviction.[/quote]

Seems about right Shondra! What I'm failing to understand is that the HO is being taken to court and losing in the majority of cases. I thought this government was cash strapped and yet they are losing and paying 000's in costs. Even those with severe criminal convictions seem to be winning.

[Shondra Sharma]

@nile in my refusal home office saying we might consider your child under 7 year rule but parents doesn't have any leave to remain its totally home office refused on a purpose not implementing the rules. My solicitor also saying on purpose they refusing and making more difficult for people because they are in limbo for years, no job, might be they left volentairly.

[nilemarques]

[quote="Shondra Sharma"]@nile in my refusal home office saying we might consider your child under 7 year rule but parents doesn't have any leave to remain its totally home office refused on a purpose not implementing the rules. My solicitor also saying on purpose they refusing and making more difficult for people because they are in limbo for years, no job, might be they left volentairly.[/quote]

@Shondra. That's the nature of home office decisions at the moment. They are refusing just for the sake of it and trying to clear the backlog by doing unlawful and rushed decision. Don't despair. We will win when we get to court. We just have to brace ourselves for the difficult times ahead financially and emotionally.

[ali90]

hi all i just wanted to know that after you have submitted further documents if request how long does it usually take to get a decision

and also some lawyer on tv said that if u call HO regularly to find out about your application they will get fed up and refuse you is it true or it depends if you are calling to get a update rather than writting letter straight to the caseworker

from the time thry asked for more documents to the time I received my bio card was 7 weeks I wkuld reccomend waiting about 4 weeks to see if thry get back to you and if they dont contsct your mp snd let them phone on ur behalf they will get more information out if them about the status if ur case

thanks what were your circumstances

[alina143]

@alina143... you shld get acknowledgement letter within 2weeks but in my case i got it 4wks after

thank you

[verbina]

good evening all....
@dapsonlee and vebina , sdp, i know how down you guys are feeling right now but i urge you to hang in there and know that this is another phase in your various lives and it will soon pass ...there is light at the end of the tunnel..the lord almighty will meet you all at the point of your needs.i i am sending you lots of cuddles and kisses as well as praying for you all..chin up guyzzz
@believe how are you dear? this is just to say all yr wonderful contributions have not gone un noticed..thnk you..may God grant all yr heart desires..

@yummymummy Thank you so much darling!! Was just having an 'off' day all sad and depressed. But back to normal now and gotta be positive. Surely things can only get better!!!! Cuddles and kisses right back at you and the yummybabba!

[hatchsead]

good evening all....
@dapsonlee and vebina , sdp, i know how down you guys are feeling right now but i urge you to hang in there and know that this is another phase in your various lives and it will soon pass ...there is light at the end of the tunnel..the lord almighty will meet you all at the point of your needs.i i am sending you lots of cuddles and kisses as well as praying for you all..chin up guyzzz
@believe how are you dear? this is just to say all yr wonderful contributions have not gone un noticed..thnk you..may God grant all yr heart desires..

@yummymummy Thank you so much darling!! Was just having an 'off' day all sad and depressed. But back to normal now and gotta be positive. Surely things can only get better!!!! Cuddles and kisses right back at you and the yummybabba!

@Verbina, thats the spirit! this is the state they want people to be hence the demoralization, time wasting, suspense, rejection, refusal resulting in frustration & depression in people's lives thereby hoping to make them think of voluntary departure.
But you know what? They got it all wrong from the start, my people are stronger and toughter than they think. Either they like it or not, we shall all partake in the milk and honey of this land in the name of LORD
Hold on tight, we are almost there!

[verbina]

good evening all....
@dapsonlee and vebina , sdp, i know how down you guys are feeling right now but i urge you to hang in there and know that this is another phase in your various lives and it will soon pass ...there is light at the end of the tunnel..the lord almighty will meet you all at the point of your needs.i i am sending you lots of cuddles and kisses as well as praying for you all..chin up guyzzz
@believe how are you dear? this is just to say all yr wonderful contributions have not gone un noticed..thnk you..may God grant all yr heart desires..

@yummymummy Thank you so much darling!! Was just having an 'off' day all sad and depressed. But back to normal now and gotta be positive. Surely things can only get better!!!! Cuddles and kisses right back at you and the yummybabba!

@Verbina, thats the spirit! this is the state they want people to be hence the demoralization, time wasting, suspense, rejection, refusal resulting in frustration & depression in people's lives thereby hoping to make them think of voluntary departure.
But you know what? They got it all wrong from the start, my people are stronger and toughter than they think. Either they like it or not, we shall all partake in the milk and honey of this land in the name of LORD
Hold on tight, we are almost there!

@hatchsead Damn right we re stronger and tougher!!!
Amen to your prayers!!

[ali90]

Good news guys got call from my lawyer got my permit there with 2.5 years leave but with no public funds whichddon't matter to ne