DLR Extension Refused - Right of Appeal Outside of the UK

I have today received a recorded delivery letter from the Home Office dated the 27 April 2015. Checked up with Royal Mail it has indeed been delivered today, not sure why it hask taken nearly a month to the package to be delivered.

I am meeting a Barrister tomorrow to discuss my possibilities.

Here is the brief review:

I shall be completing my 10 year lawful stay in the UK around the 22nd August 2015 but need to consider my options to get through to that.

According to Home Office letter I have five working days from the date of the letter before they take any action to remove me from the UK.

I have all my immediate family here in the UK (on ILR's) and have nobody to go back to in India. A barrister I spoke with today is suggesting a meeting tomorrow and then a representation to the Home Office with a view to take this matter for a Judicial Review.

Is there any other option somebody could suggest?

Did you have leave to remain at the time you applied for permission?

Obie wrote:Did you have leave to remain at the time you applied for permission?

Indeed I had a valid DLR at the time of the application.

So what was the reason for the refusal and certification?

What changed has occurred since the last grant, that made them refuse to renew it?

Obie wrote:So what was the reason for the refusal and certification?

What changed has occurred since the last grant, that made them refuse to renew it?

Back in 2011 when I was on a spouse visa, I applied for an ILR however, instead of the ILR, I was granted a DLR. ILR was rejected on two grounds.

1. They were not satisfied with the documents of cohabitation
2. Unspent conviction

Now they have taken the same two grounds to refuse my DLR extension.

Ideally I just need to buy another 3 months so that I can apply for a 10 year Long Residence category.

Are you still in a relationship with your wife?

Are you still in a relationship with your wife?

Are there any child or children?

Sorry no to both.

Technically married yet not living together.

Further to my Barrister's preparing a pre-action protocol letter and sending it to the HO.

I have now received a letter titled: (they have caps on)

Immigration Act 1971- Notification To A Person Who Is Liable To Be Detained

(Ticked box) You are a person without leave who has been served with a notice of liability to removal

Restrictions

I hereby authorise your (further) temporary admission to the United Kingdom subject to the following restrictions

You must reside at the address shown at X above
You must report to an immigration official at::

{Local HO Office}

{Date & Time}

And then every 2 weeks...


In addition it includes a schedule of attendance every two weeks up until 15 December 2015 and then it says, "and then further events to be added".

Now I am not sure what they are trying to do?

Are they asking me to attend to the Local HO so that they can detain me?

Do I need to take a Solicitor with me?

How long would this carry on and what would be their intention/motto behind this letter?

I do notice some of the mods here provide paid services and would be kind if somebody could tell me more about either Obie or Amber's office phone lines so I can book an appointment with them.

BUMP

I am really troubled why they have done this to you. There is a puzzle, which i have been unable to solve.

You had leave before you applied, and you were refused. Section 3C should be engaged in these circumstances.

It is unclear why your appeal was certified, and why an Out of COuntry appeal was given instead of an In country.

It makes little sense to me.

Solicitors are not usually allowed into the reporting centre, unless there is an Asylum Interview.

But you will not be removed, as you have an ongoing proceedings.

If however you do not go, you risk being detained, and getting a bail at that point will be difficult.

Obie wrote:I am really troubled why they have done this to you. There is a puzzle, which i have been unable to solve.

You had leave before you applied, and you were refused. Section 3C should be engaged in these circumstances.

It is unclear why your appeal was certified, and why an Out of COuntry appeal was given instead of an In country.

It makes little sense to me.

Solicitors are not usually allowed into the reporting centre, unless there is an Asylum Interview.

But you will not be removed, as you have an ongoing proceedings.

If however you do not go, you risk being detained, and getting a bail at that point will be difficult.

Thank you very much for taking time to read and reply.

Would I perhaps be able to obtain paid legal advice from yourself?

Now till date I have spoken with 2 Barristers, 1 Solicitor and 1 Immigration Adviser and all 4 haven't been 100% identical.

Now both the barristers I spoke with including the one I instructed have suggested that I need to continue with the JR process.

The solicitor I spoke with today, said the same, with some small changes to the existing PAP.

The adviser I spoke with appeared to be total nonsense.

I emailed/faxed/posted my PAP on the 26th May 2015 (18 days ago) and I requested HO to reply within 14 days which, they clearly have failed to do.

To me it appears that JR is indeed the only available option and that too, to be filed before my first attendance at the local HO office.

What region of the UK are you based?

I am Cardiff based but I am happy to travel or do a phone based consultation with you having my documents via email prior to the call.

Also could possibly use google hangouts.

Well I will not mind helping you as it appears you have been getting troubling advises, and i am not able to make a decision why your case has been certified, and if the Secretary Of State has power in law to do so.

You appear to fall way outside my catchment area, which is London and the Home Counties.

I will not provide my details on the forum, as it will amount to advertising, which I will not do.

Furthermore i fear that If my details is put, I will have significant difficult in managing my day to day job, and the overwhelming response i may get.

Obie wrote:Well I will not mind helping you as it appears you have been getting troubling advises, and i am not able to make a decision why your case has been certified, and if the Secretary Of State has power in law to do so.

You appear to fall way outside my catchment area, which is London and the Home Counties.

I will not provide my details on the forum, as it will amount to advertising, which I will not do.

Furthermore i fear that If my details is put, I will have significant difficult in managing my day to day job, and the overwhelming response i may get.

OK I was in London today, met a new solicitor who had a look at everything for me and answered everything in detail.

The reason why I haven't been given an in country right of appeal or indeed why section 3c isn't applicable is because ho have written on the refusal letter that they have found my application to be something called without merit or wholly without merit.

The advised way out is still to go for Jr.

I do understand that you are concerned about writing your details on the forum. Would you consider sending via pm instead?

Even if you are unable to take on the case it would still be worth the while just to have a brief chat to get another opinion on the case. This would save any further damage for me.

Once you have posted 10 messages, you will be able to private message me.

OK cool. Time to help a few people I guess!

Hello woodsncoal, i want to find out about your case if youve been going to sign and if the HO has made a decision yet?

joysmith wrote:Hello woodsncoal, i want to find out about your case if youve been going to sign and if the HO has made a decision yet?

Hi, I am still pushing paperwork around. I am attending every two weeks to show my face.