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

nilemarques · Post by **nilemarques** » Sat Nov 23, 2013 12:14 pm

[quote="Shondra Sharma"]@nile and kukuwife, thanks for the link and response. Because of this kind of decision coming from court, thats why HO DID MASS REFUSAL UNDER THIS RULE. As @kukuwife mention in the first judgement, if the child starts 7 years continuous residence in uk at the age of 4, have greater weigh and chance to get a stay, i.e child should be 11 or over in the time of application. Anyway this judgement is killer for us, what you think guys any hope remaining or not?[/quote]

@ Shondra. I believe it still depends on the judge and also as Kukuwife said, to some extent the caseworker. Other judges might take a different approach. Like playing the lottery I guess. Oh yeah, the fight is still on!!

Shondra Sharma · Post by **Shondra Sharma** » Sat Nov 23, 2013 12:21 pm

@nile as in the second judgement probably its because of the 14 months prison sentences but still judge look at the two 8 years old kid best interest of child. Solicitor saying go JR, 100% granted, they are not true, still very diffcult, doesnot matter how long your child lived in uk, still HO and court denying.

summer2013 · Post by **summer2013** » Sat Nov 23, 2013 1:41 pm

nilemarques wrote:
Shondra Sharma wrote:@nile and kukuwife, thanks for the link and response. Because of this kind of decision coming from court, thats why HO DID MASS REFUSAL UNDER THIS RULE. As @kukuwife mention in the first judgement, if the child starts 7 years continuous residence in uk at the age of 4, have greater weigh and chance to get a stay, i.e child should be 11 or over in the time of application. Anyway this judgement is killer for us, what you think guys any hope remaining or not?
@ Shondra. I believe it still depends on the judge and also as Kukuwife said, to some extent the caseworker. Other judges might take a different approach. Like playing the lottery I guess. Oh yeah, the fight is still on!!

what hope is for as who have never been legal and never payed tax in this country!!!?? if judges are rejecting family with children who after all have overstayed only for a short period. that's tough. if we rely on luck only and hoping to have a generous judge is not very promising.

i want to stay positive but i feel a waste of time in all this
sorry guys:(

shareen24h · Post by **shareen24h** » Sat Nov 23, 2013 3:56 pm

[quote="nilemarques"]Hi guys!! Been keeping an eye on court judgements recently looking out for cases that involve the 7 year residency for kids. Until today I hadn't come across any and the one I came across today leaves a sour taste in my mouth. It now seems that Mrs May is having her way with the judges now and I just hope and pray that it's not going to set a precedents. Have a read below and tell me what you make of this.::::

http://www.bailii.org/ew/cases/EWHC/Adm ... /3575.html[/quote]

Hello everybody

If I don't misunderstood this judgement has making us our hope narrow and put a sharp axe in our last resorts. Sorry guys if you got hurt.

summer2013 · Post by **summer2013** » Sat Nov 23, 2013 4:33 pm

[quote="shareen24h"][quote="nilemarques"]Hi guys!! Been keeping an eye on court judgements recently looking out for cases that involve the 7 year residency for kids. Until today I hadn't come across any and the one I came across today leaves a sour taste in my mouth. It now seems that Mrs May is having her way with the judges now and I just hope and pray that it's not going to set a precedents. Have a read below and tell me what you make of this.::::

Shondra Sharma · Post by **Shondra Sharma** » Sat Nov 23, 2013 4:39 pm

@summer2013 have you applied JR?

Believe2013 · Post by **Believe2013** » Sat Nov 23, 2013 4:53 pm

26.Mr Malik referred me to the statutory guidance of November 2009 issued under s.55 of the BCI Act 2009 ("Every Child Matters Change For Children") in particular at para 2.7 which, he submitted, imposed an obligation upon the UKBA to act in accordance with the principles stated therein as follows:

Oh dear it looks like Lawyers do invoke article 12 of CRC afterall. Judges and the HO are on crack or blue meth. If it does go to Strasbourg the judgement will be over turned no doubt.

summer2013 · Post by **summer2013** » Sat Nov 23, 2013 5:15 pm

Shondra Sharma wrote:@summer2013 have you applied JR?

im still waiting for permition shondra

Shondra Sharma · Post by **Shondra Sharma** » Sat Nov 23, 2013 5:21 pm

@summer2013 Today is our 3 month completed after refusal

summer2013 · Post by **summer2013** » Sat Nov 23, 2013 6:43 pm

Shondra Sharma wrote:@summer2013 Today is our 3 month completed after refusal

that's right hmm i didn't realise that though, i hope my solicitor knows what he is doing.

nilemarques · Post by **nilemarques** » Sat Nov 23, 2013 7:44 pm

Hi guys. Quick question on behalf of someone I know. They put in an application which was refused within 2 months sometime this year ( imagine I had to wait 16 months). The person has just received a letter from Capita ( which I incidently haven't received as of yet). The person has put in a JR for removal directions and is yet to receive a reply from HO. Question is, what should they do about the Capita idiots who thrive on the misfortunes of others. Are they obliged to fill in the form and return it to Capita or just tell em to eff off. I do understand that Capita get paid for making contact with someone who then replies to them. Thinking of suggesting to the person not to reply so that they won't have the pleasure of being paid. What do you think? I remember Keisha getting a text. Has anyone received the letter form?

Believe2013 · Post by **Believe2013** » Sat Nov 23, 2013 8:28 pm

nilemarques wrote:Hi guys. Quick question on behalf of someone I know. They put in an application which was refused within 2 months sometime this year ( imagine I had to wait 16 months). The person has just received a letter from Capita ( which I incidently haven't received as of yet). The person has put in a JR for removal directions and is yet to receive a reply from HO. Question is, what should they do about the Capita idiots who thrive on the misfortunes of others. Are they obliged to fill in the form and return it to Capita or just tell em to eff off. I do understand that Capita get paid for making contact with someone who then replies to them. Thinking of suggesting to the person not to reply so that they won't have the pleasure of being paid. What do you think? I remember Keisha getting a text. Has anyone received the letter form?

Nile tell your friend to ignore or disregard Capita's correspondence. If they are persistent then they should send them copies of the JR proceedings documentation e.g copy of PAPs and any correspondence from the administrative courts or perhaps they should let their legal reps write to them and deal with them directly. I quite like the idea of effing and blinding at them though

All the best

nilemarques · Post by **nilemarques** » Sat Nov 23, 2013 9:46 pm

[quote="Believe2013"][quote="nilemarques"]Hi guys. Quick question on behalf of someone I know. They put in an application which was refused within 2 months sometime this year ( imagine I had to wait 16 months). The person has just received a letter from Capita ( which I incidently haven't received as of yet). The person has put in a JR for removal directions and is yet to receive a reply from HO. Question is, what should they do about the Capita idiots who thrive on the misfortunes of others. Are they obliged to fill in the form and return it to Capita or just tell em to eff off. I do understand that Capita get paid for making contact with someone who then replies to them. Thinking of suggesting to the person not to reply so that they won't have the pleasure of being paid. What do you think? I remember Keisha getting a text. Has anyone received the letter form?[/quote]

Nile tell your friend to ignore or disregard Capita's correspondence. If they are persistent then they should send them copies of the JR proceedings documentation e.g copy of PAPs and any correspondence from the administrative courts or perhaps they should let their legal reps write to them and deal with them directly. I quite like the idea of effing and blinding at them though

All the best[/quote]

Nice 1 Believe. Exactly what I was thinking! These guys are milking the taxpayers and if it was me, I wasn't going to give them the pleasure of making money out of someone's misfortunes!

Kukuwife · Post by **Kukuwife** » Sun Nov 24, 2013 12:22 am

nilemarques wrote:
Believe2013 wrote:
nilemarques wrote:Hi guys. Quick question on behalf of someone I know. They put in an application which was refused within 2 months sometime this year ( imagine I had to wait 16 months). The person has just received a letter from Capita ( which I incidently haven't received as of yet). The person has put in a JR for removal directions and is yet to receive a reply from HO. Question is, what should they do about the Capita idiots who thrive on the misfortunes of others. Are they obliged to fill in the form and return it to Capita or just tell em to eff off. I do understand that Capita get paid for making contact with someone who then replies to them. Thinking of suggesting to the person not to reply so that they won't have the pleasure of being paid. What do you think? I remember Keisha getting a text. Has anyone received the letter form?
Nile tell your friend to ignore or disregard Capita's correspondence. If they are persistent then they should send them copies of the JR proceedings documentation e.g copy of PAPs and any correspondence from the administrative courts or perhaps they should let their legal reps write to them and deal with them directly. I quite like the idea of effing and blinding at them though All the best
Nice 1 Believe. Exactly what I was thinking! These guys are milking the taxpayers and if it was me, I wasn't going to give them the pleasure of making money out of someone's misfortunes!

nilemarques- pls check your inbox. Tx

Kukuwife · Post by **Kukuwife** » Sun Nov 24, 2013 12:26 am

hatchsead- hope you are ok

Kukuwife · Post by **Kukuwife** » Sun Nov 24, 2013 12:26 am

hatchsead- hope you are ok

davdav · Post by **davdav** » Sun Nov 24, 2013 6:18 am

I am not new face in this forume.good luck everyone.i have a friend that have british son and he was not with her anymore but he take care of his son.pls canit possible for ukba to grant him for being partake in his son upbringing.and what document can he send to ukba.cheers mate.

nilemarques · Post by **nilemarques** » Sun Nov 24, 2013 6:34 am

[quote="Kukuwife"][quote="nilemarques"][quote="Believe2013"][quote="nilemarques"]Hi guys. Quick question on behalf of someone I know. They put in an application which was refused within 2 months sometime this year ( imagine I had to wait 16 months). The person has just received a letter from Capita ( which I incidently haven't received as of yet). The person has put in a JR for removal directions and is yet to receive a reply from HO. Question is, what should they do about the Capita idiots who thrive on the misfortunes of others. Are they obliged to fill in the form and return it to Capita or just tell em to eff off. I do understand that Capita get paid for making contact with someone who then replies to them. Thinking of suggesting to the person not to reply so that they won't have the pleasure of being paid. What do you think? I remember Keisha getting a text. Has anyone received the letter form?[/quote]

Nile tell your friend to ignore or disregard Capita's correspondence. If they are persistent then they should send them copies of the JR proceedings documentation e.g copy of PAPs and any correspondence from the administrative courts or perhaps they should let their legal reps write to them and deal with them directly. I quite like the idea of effing and blinding at them though

All the best[/quote]

Nice 1 Believe. Exactly what I was thinking! These guys are milking the taxpayers and if it was me, I wasn't going to give them the pleasure of making money out of someone's misfortunes![/quote]

nilemarques- pls check your inbox. Tx[/quote]

Kukuwife, inbox pliz!

Kukuwife · Post by **Kukuwife** » Sun Nov 24, 2013 9:44 am

Nilemarques - thanks for your reply. Pls check box. Tx

Shondra Sharma · Post by **Shondra Sharma** » Sun Nov 24, 2013 9:56 am

Good morning forum. @nile & kukuwife l applied my child british citizenship do I have chance after that.

verbina · Post by **verbina** » Sun Nov 24, 2013 11:16 am

Believe2013 wrote:
26.Mr Malik referred me to the statutory guidance of November 2009 issued under s.55 of the BCI Act 2009 ("Every Child Matters Change For Children") in particular at para 2.7 which, he submitted, imposed an obligation upon the UKBA to act in accordance with the principles stated therein as follows:
Oh dear it looks like Lawyers do invoke article 12 of CRC afterall. Judges and the HO are on crack or blue meth. If it does go to Strasbourg the judgement will be over turned no doubt.

Yeah but who can actually afford to go to Strasbourg these days....

@summer2013 You just keep your chin up luvvie!!! Im totally in the same boat overstayed all these years, not paid a penny in taxes....
Im sure your lawyer knows what he's doing, so just hang in there for now princess! Your Article 8 is growing stronger with each day! Remember @Time503 and another lady here, they had similar stories and had been refused and eventually they had been granted!! x

Kukuwife · Post by **Kukuwife** » Sun Nov 24, 2013 12:22 pm

[quote="Shondra Sharma"]Good morning forum. @nile & kukuwife l applied my child british citizenship do I have chance after that.[/quote

absolutely yes. when it the passport is out then apply

summer2013 · Post by **summer2013** » Sun Nov 24, 2013 12:35 pm

verbina wrote:
Believe2013 wrote:
26.Mr Malik referred me to the statutory guidance of November 2009 issued under s.55 of the BCI Act 2009 ("Every Child Matters Change For Children") in particular at para 2.7 which, he submitted, imposed an obligation upon the UKBA to act in accordance with the principles stated therein as follows:
Oh dear it looks like Lawyers do invoke article 12 of CRC afterall. Judges and the HO are on crack or blue meth. If it does go to Strasbourg the judgement will be over turned no doubt.
Yeah but who can actually afford to go to Strasbourg these days....

@summer2013 You just keep your chin up luvvie!!! Im totally in the same boat overstayed all these years, not paid a penny in taxes....
Im sure your lawyer knows what he's doing, so just hang in there for now princess! Your Article 8 is growing stronger with each day! Remember @Time503 and another lady here, they had similar stories and had been refused and eventually they had been granted!! x

verbina thankyou very much for the moral support darling. you will celebrate your success very soon!!!!

The thing is im just trying to think about other options while waiting for the court, the outcome can also be negative so we need to be prepared at what the next action will be. The worst thing this bloody process takes so long and i cannot imagine myself after waiting for a year and then back to step one

[[b]b]HAVENT HAD ANY OPPINION FROM ENYONE HERE ABOUT APPLYING FOR CITIZENSHIP FOR MY SON WHO WASNT BORN HERE BUT CAME HERE AT THE AGE OF 2 ???

has any of you heard about this from your llowyers?

Shondra Sharma · Post by **Shondra Sharma** » Sun Nov 24, 2013 1:05 pm

@kukuwife I am waiting my child british citizenship applied a month ago. @summer2013 child born & lived in uk for first 10 years is eligible for applying birtish citizenship.

Kukuwife · Post by **Kukuwife** » Sun Nov 24, 2013 1:54 pm

Shondra Sharma wrote:@kukuwife I am waiting my child british citizenship applied a month ago. @summer2013 child born & lived in uk for first 10 years is eligible for applying birtish citizenship.

you Will soon hear from them

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