JR Time Line and UKBA not Submitted the Answer Yet

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Hello,

Postby Basra » Wed Feb 05, 2014 12:58 pm

@Kevin,
Congratulation for your visa, yes you are right in some extend but the things is if you take them in court and they can withdraw their decision on hearing day as well, and judge obviously will order to do decision again,
my point is, is there any way out that if we receive a consent latter from HO and we impose condition that ok fine do decision first than we will withdraw application from the court?
what sort of threatening you had received from HO? please reply.Thank you
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby kevin185080 » Wed Feb 05, 2014 6:04 pm

I had a letter saying that their decision was unlawful and that I should withdraw jr and it's not guaranteed that I will get a decision in my favour. I refused to withdraw. Another letter saying they will to reconsider within 4 weeks if I withdraw and if I did not, it will take longer. I did not withdraw. Another letter came saying they were going to ask court to allocate all the cost to me as they have acknowledged they were wrong and that am losing the court's time and their time by not withdrawing. Even then I did not withdraw. I wrote back to them saying the time it's taking them to try and get me to withdraw, they could have easily have made a decision and that I will not withdraw under any of their conditions but under mine. My barrister did an ' undertaking' with our conditions on it. It also took them 2 month to respond to my PAP which I used against them saying because of this, I could trust their word. All these letters were copied to the court as well. They also asked for 4 extensions before hand and I opposed every one of them.
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Wed Feb 05, 2014 8:47 pm

@ Kevin

Congratulation on your visa I hope you will have prosper future a had. I will contact my solicitor tomorrow to write a letter to court and advise them about the situation. In my HO accepted the cost which I incurred in order to bring this JR. So they are willing to pay it back as soon as new decision arrives.



@ basra be hopeful and think positive. Allah will help us all and inshallah sooner rather than later we will accomplish our desire goals and I am hoping u and me will receive positive results in this month :) bz its my lucky month :P i was born in this month.
When ever you get fedup just share your feelings on this forum it will help. I know how it feel
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Hello,

Postby Basra » Wed Feb 05, 2014 11:04 pm

@Kevin and Adi,
Kevin its mean you got the decision I mean visa then you have withdraw your JR application from the court or before decision you have withdrawn your JR application from the court?
adi the cause of frustration is this is not a rocket science,why they are taking this long time....
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Thu Feb 06, 2014 12:03 am

@ basra they just want people to get fed up and just accept their decision so thats why they just playing time consuming tactics. I my self have applied for this application in AUG 2012 and still don't know how long my battle will continue although my account still hold the desired funds but no visa still thats sucks Bz i know there are so many people got approvals even they did not maintained the funds for long. SO HO is full of stupid people
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby kevin185080 » Thu Feb 06, 2014 3:19 pm

I withdrew jr after I got my visa.
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby via » Fri Feb 07, 2014 10:05 am

Thanks @kevin185080

For sharing your valuable experience with us.
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Hello,

Postby Basra » Fri Feb 07, 2014 3:28 pm

@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
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adilzia » Fri Feb 07, 2014 5:45 pm

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?
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Fri Feb 07, 2014 7:56 pm

@ 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.
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Fri Feb 07, 2014 8:15 pm

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
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hello

Postby Basra » Fri Feb 07, 2014 8:20 pm

@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.
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Fri Feb 07, 2014 8:25 pm

@ 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
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Hello,

Postby Basra » Fri Feb 07, 2014 8:30 pm

@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?
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Fri Feb 07, 2014 11:45 pm

@ 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
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby Alubosa » Sat Feb 08, 2014 9:33 am

Can JR be done twices?..
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby adi786 » Sat Feb 08, 2014 10:24 am

YES it can be done
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby kevin185080 » Sat Feb 08, 2014 3:21 pm

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.
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Hello,

Postby Basra » Sat Feb 08, 2014 5:02 pm

@Kevin,
thank you your detail answer. it will definitely help us to deal with HO.can you share your refusal reasons please.? thank you
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Re: JR Time Line and UKBA not Submitted the Answer Yet

Postby kevin185080 » Sat Feb 08, 2014 6:24 pm

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.
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