JR Time Line and UKBA not Submitted the Answer Yet

[kevin185080]

I withdrew jr after I got my visa.

[via]

Thanks @kevin185080

For sharing your valuable experience with us.

[Basra]

@kevin,
you have written in your previous post that "My barrister did an ' undertaking' with our conditions on it. what does it mean, what type of conditions your barrister has asked from HO should agree then you will withdraw your case from high court? thank you for your detailed answer previously....
Actually I have received consent letter from Treasury Solicitors for with draw my case then they will reconsider my application,,
but I have written back to them on three conditions,

1) Do my application decide with in 4 weeks time.
2) Pay back my all case cost.
3) Allow in country right of appeal in case of refuse my application again.

But my fears are HO will not decide my application with in 4 weeks as Adi has face the same problem.
secondly if HO will refuse my application again on what ever reason I will become again on 0 point,Then I will need to apply new application in high court on new grounds..
Kevin thats why i have more concern with your case how did you deal with HO in your case....
I mean what type of conditions you have asked from HO to agree then you will withdraw your case...
Just to come in your knowledge my refusal reason was only one " services not clearly written in my services contract" but I have written very clearly under two different headings.
High Court Judge approved my application and said in order there is clearly unfair decision made by home office.
secondly judge said it is really regrettable that home office did not answer against your two APA and three times reminders and they took 2 times extension from me and 2 time extension from the court but still they are not able to submit their answer why they have refused my application, so Judge said he will not allow they to further any extension,HO must be answer able regarding this case. then HO sent me consent letter to settle my case out of court...

Thats all my case history and progress.....what should I do thats the time to decide..........please share your experiences. thank you

[adilzia]

An Update on my case.

As i told u guys,Case worker asked me to provide passport few weeks ago.Today we both team members have received letters from case worker.And he is asking about our third parties bank letters with full contact details of third parties from pakistan.As our refusal reason was just that there was no contact details on third party's letters.I am very glad that they have touched my case. :)We are going to provide these bank letters in 4 to 5 days.

What do u think guys.How long they gonna take now?

[adi786]

@ adilzia

I am happy for u 2 as they finally contacted you and your case worker and please provide them with their required docs ASAP before your case back in the pile of files. I dont want to scare you by telling some few weeks or month just pray from ALLAH that you get your VISA quickly. Because no body can predict your case worker mood

@ basra

when is your current leave expiring the reason i am asking i asked home office the same thing you asked although they agreed on time line (which they never accomplished) 2) Cost they agreed but in country right of appeal they refused it because my current leave will expire in the month of may so if you have valid leave according to the law they cant allow you in country right appeal but i hope we don't need that root any way inshallah we all get visa in this reconsideration process.

[adi786]

An update regarding about my Case my solicitor wrote letter to TS yesterday and mentioned them My client is upset over the information provided by HO to you which says due to missing information they were not able to decide my case so if thats the reason so why on earth case worker did not contacted my client or write to us if she required any further evidence my client can fulfil this very easily.
According to us its just time wasting tactics by HO in order to frustrate my client. My client don't trust any of the time frame set by HO as they did breached Consent order. My clients want his decision ASAP. My client wants damage done by HO as HO clearly wasting time of my client and respectable court. HO wasted his opportunity to setup business here in the UK which we can prove as well.

My client advised me he will wait few more days and if no decision will come we will lodged the case in the court again and will advise court to decide his case as matter of urgency.


So guys i took the risk My solicitor wrote some thing like this and i am hoping i will get result very soon because now it's my time to take action because why should i be penalised if i have nothing to be scared of so the battle is on until i get my visa. I am already prepared for the worse

[Basra]

@Adi,
Thats is the big question, I have submit my application after 3 days of expire my current leave to remain but submit application with in 28 days that's why UKBA did not give me in country right of appeal.....

1) My barrister present the ground in the High Court that Immigration law said if application submit after October 2012 with in 28 days of current leave expire will consider in time application according to immigration law...As Immigration law says if a person submit the application with in 28 days of current leave expire the overstay days will disregarded and application will consider as in time application...so in time application will get right of appeal in case of refusal...
On this ground High Court Judge give the decision yes my barrister ground is right and it is clearly show Immigration law that if a person apply with in 28 days of current leave expire application will consider as in time application. so in time application will give appeal right in case of refusal.......

2) My barrister said it is a new immigration rule so most lawyers do not think about it....But High Court judge clearly give the decision in the light of immigration rule that you should have right of appeal...My barrister said if I will fight on it you will get right of appeal as well this high court decision will help lot of people as well.

[adi786]

@ basra gud luck i hope HO agree on your set terms and condition about the time frame don't gave to much hope because i am a prime example on this forum when HO agreed and then came up with stupid reason of not achieving that time line

[Basra]

@Adi,
I think you should,nt withdraw your case from the court,, as you can see Abu,s case he is still waiting HO reply...
You are right HO just waster applicant time and avoid to go in court thats it.......This is useless to give them time frame what ever 4,5 weeks because HO do not follow these time line,,when any applicant withdraw the case from the court they fell relax and again put the case in pipe line and applicant keep writing letter to them...According to these situations kevin did well thats only way to deal with HO....What is your opinion...?

Secondly Adi if you go back to court again you should lodge a new application and start process from beginning?

[adi786]

@ basra HO is full of nuts yes i have to start from scratch but the positive thing will be curt can clearly see that i gave them ample opportunities to give me decision on time but they just can't be bothered to do so. In my opinion we did the correct thing it gave a strength in the case if court want to see. We will write to the court to give me decision as HO is enable to do so .

In the light of kevin case i think the amount of time they took at kevin case is the same time period they took to decide my case as i applied for JR in AUG as well so i am hoping HO will wake up soon

[Alubosa]

Can JR be done twices?..

[adi786]

YES it can be done

[kevin185080]

Hi. An undertaking is a procedure where you lay down your conditions and tell ho that it is your conditions or nothing. You have to mention that it is an undertaking in your letter as there are legalities surrounding it. We gave them 21 to reach a decision and also said that they have to take cost. Unless this was done, I was not going to withdraw jr and was more than happy for judge to take decision. Five days later ho sent me a letter asking for more evidence of my current address within next 7 days. Sent the evidence and I received my visa 3 days later. I also noticed that the caseworker who reconsidered my application was from a temporary case working team and the address where I had to send my evidence was not the usual ho address. I guess there are too many cases and they had to recruit temp caseworker for the job. Hopefully, you all get your decisions pretty quick.

[Basra]

@Kevin,
thank you your detail answer. it will definitely help us to deal with HO.can you share your refusal reasons please.? thank you

[kevin185080]

One of my documents said flat 5 instead of just 5... Because of the word 'flat' appeared on one of them, they were not satisfied that I lived at the address I mentioned on my application form.

[adi786]

@ kevin YES YOU ARE RIGHT HO JUST TRYING TO establish a reason to refuse an application. I had same problem couple of weeks ago as they confirmed my back regarding about my address because on my application form i used correspondence address and permanent address differently but now my correspondence address is my permanent address because when they verified my bank account Case worker asked my bank about change of address.

Do i need to inform HO about this that my correspondence address is now also my permanent address \

[adi786]

HEllo all


Is there any 1 here on this group who used ETS Toeic Certificate. As you all might know UKBA suspended ETS to stop all their activities recently. So i am wondering whats going to happen who's case is already in process like mine i appeared in this exam in 2012 does it going to affect my application as well.
Every day there's some more mystery

[sade8788]

Hi,

Can you please guide me little bit about JR, Like if appeal is not allowed then can we go for JR and what ais the procedure for that? thanks

[adi786]

I hope ur appeal will be allowed. If your appeal is refused then u can go for Upper tribunal hearing. JR is the process when the applicant doesn't have right of appeal. Initially applicant needs to write Pre- action protocol letter to HO regarding about the refusal and its explanation. In this letter applicant normally give 21 days to HO to respond to them.
If you don't hear any thing from HO which is most likely then you have to submit JR application in the court with the refusal points and your back up answer which should explain y u think the decision made by HO is wrong and unlawfully.

Then you have to wait for HO to submit Acknowledgement Services Letter which they take months. In some cases HO offer's out of curt settlement which again take bit of time

in total this JR process takes around 6-8 months to finish

so gud luck

[Basra]

@Adi 786,
Any update regarding your case? What you are going to do now?

[adi786]

@basra
As i mentioned earlier TS send me a letter on the 28th of Jan and they advised me due to lack of information Case worker couldn't decide my case on agreed time frame ( which is just an excuse nothing else because in my reply i wrote down that if there was lack of information provided why case worker never contacted us for additional documentation. they said i should be getting decision with in 1 month period time. so i am hoping by the end of this month. They haven't responded to us of our last letter.
Other wise i just have to go back to court which HO know will cost them further cost as they breeched the agreement and as agreed previously.
SO pls pray for all and for me as well

whats happening in your case

[adi786]

@ abu whats happening with your case ?

[pak2013]

I hope ur appeal will be allowed. If your appeal is refused then u can go for Upper tribunal hearing. JR is the process when the applicant doesn't have right of appeal. Initially applicant needs to write Pre- action protocol letter to HO regarding about the refusal and its explanation. In this letter applicant normally give 21 days to HO to respond to them.
If you don't hear any thing from HO which is most likely then you have to submit JR application in the court with the refusal points and your back up answer which should explain y u think the decision made by HO is wrong and unlawfully.

Then you have to wait for HO to submit Acknowledgement Services Letter which they take months. In some cases HO offer's out of curt settlement which again take bit of time

in total this JR process takes around 6-8 months to finish

so gud luck

Hi adi786

For JR do we need to hire Barrister or applicant can present case himself in court?
while JR is in process long residence continues or break up
can we make fresh application after JR rejected?
thanks

[adi786]

HI
Its good to send your application through good solicitor. Long residence will continue. Yes you can apply for fresh application in case of JR get refused. But its good to consult good solicitor because they can give you most up to date answer as par law

[adi786]

@ basra


Did HO asked you to submit your passport and old BRP when they decided to reconsider your application. They haven't asked from me yet