In need of kind advice/share opinions re: delayDLR extention

[DLR-Londoner]

Dear Fellow Forum Members,

I am sorta new here, came across your boards after trying to google further info re: the delay of HO in making decision of DLR extention app [Human Right Grounds], but no avail.

I am posting the above topic, in the hope that the board members/moderators like Amber, et al. might be able to give me your kind suggestion/advice as well as sharing the invaluable opinions regarding my case & for other people who is in similar situation.

Similar to fellow members here, my Immigration history is quite complex, I'm trying to draw a timeline as below...

a) Jan 2002 - came to the UK on student visa & [in-country] extended student visa till Nov 2003
b) Nov 2003 - started having personal & familly issues but still submitted [in-country] app to extend student visa as trying to finish study & following the advice of my legal rep at that time.
c) End of 2003 - 2005 - Moving around & became homeless. Lost in contact with home office & legal rep. Later on, discovered the extension app was rejected as incorrect fee & form [due to poor advice of legal rep] & the legal rep was closed down without notifying me.
d) 2004 - 2005 - Was refered to Social Service & supported under s.21 + managed to find a new legal rep.
e) Oct 2006 - only this time, new legal rep managed to lodge new postal app based on Human Rights
f) June 2007 - the new legal rep was closed down, my case was transferred to another new firm, but heard nothing from HO
g) June 2009 - was informed from HO, the postal human right app was treated as void, HO insisted me of making an asylum claim in person at their Croydon office. At the end of June 2009, the HO refused my asylum claim. My new legal rep lodged an appeal
h) Oct 2009 - the judge allowed my appeal not as refugee but based on HR grounds - Art.8. The HO sought reconsideration appeal from the Upper-IAC
i) Feb 2010 - received HO letter - my case was transferred to CRTS or "legacy case"
j) April 2010 - again senior judge upheld the previous determination to allow my appeal.
k) Sept 2010 - was granted DLR 3 years based on Art.8 [it took HO, 5 months to issue this!], still struggling to find a job to support myself.
l) Nov 2010 - Feb 2011 - got a job, paid tax, worked briefly but left as wasn't well, but still was looking for another job.
m) Aug 2013 - finally, got an offer for a job in the NHS.
n) Sept 2013 - legal rep submitted the app to extend my DLR [previously granted in 2010], the HO didn't acknowledge my ext app at all! I had to contact my local MP to get the acknowledgement which we only received it in Nov.
o) Nov 2013 - started working, helping people, paying, despite of getting paid at low rate.

I am so sorry for my long post, I hope these would give you guys full picture of my case esp the hurdles that the HO has been trying to put us through. My questions are...

1) It's now been more than 8 months that we've still had no decision from HO or not even a single letter, my legal rep did send them a "chase-up" letter on month 6th but I guess it's useless, they are not going to do anything, anyway. Just wonder if this is a normal wait...also wonder if you guys might have better ideas to share what I should do to chase this up...I dont really think MP would be helpful anymore, as I feel they might just turn to say...well, you just have to wait. (I did make an online FOI request in Oct/Nov 2013 & was told that during the month of my app submission, there were 117 Applications of which 11 have had a decision.)

2) My legal rep did mention a bit before submitting that we could submit either as HP/DL ext app or FLR(O) route. The different was...FLR(O) you had to pay more expensive fees - but the case would be dealt with quicker. On the other hand, HP/DL extention is no fee but slow - Does anyone know about this? and what you think?

3. From my timeline, I've been living in the UK since 2002(have never left the country), my 14 year period will be in 2016. Despite of this fact, my legal rep still advised that I would not be able to apply ILR via this 14 year route because I was granted DLR for 3 years. I only have to finish another 3 years (in total of 6 years) to be able to apply for ILR...Is this true? What do you think of this?

4. In the terms of immigration law's point of view, while waiting for the decision on my DLR extension, am I considered asylum seeker again? or what would I be classified especially in education entitlement criteria...am I considered as a ordinary resident of the UK?

Finally, I know, with or without the decision/Leave Paper, it would not make much different, but in real life it's nightmare. I feel I have been put through this asylum seeker waiting game over and over again. I have no valid document to confirm my rights. I can't go anywhere outside UK (which I have never left the country since 2002), so I loose all outside-country training opportunities. The most important reason that prompts me to chase this up is I am planning to get back into study & training very soon & in this coming Sept, especialy NHS nursing study which I will be unable to provide the document to confirm my rights & entitlements. It makes me feel like I am always in limbo

Thank you so much for reading this & looking forward to your kind advice/suggestion/shared opinion on these.

[Amber]

Whilst waiting for your decision, your leave is extended.

[DLR-Londoner]

Many thanks for speedy reply, Amber. The extra elaborate answers of 1 - 4 would be deeply grateful...

1) Just wonder if this is a normal wait?...also Is there any better way to chase this up rather than wait?...Judicial Review, perhaps?...what you think in the term of chasing up?

2) As mentioned above, could we submit a new FLR(O) and cancel my outstanding HP/DL extension app? Is there any case study of the law in the term of application type?

3. From my timeline, I've been living in the UK since 2002(have never left the country), my 14 year period will be in 2016. Despite of this fact, my legal rep still advised that I would not be able to apply ILR via this 14 year route because I was granted DLR for 3 years. I only have to finish another 3 years (in total of 6 years) to be able to apply for ILR...Is this true? What do you think of this?

4. Whilst waiting for the decision on my DLR extension, you said "my leave is extended" I do understand that all my rights should be similar (the same) to my original granted Leave but does this mean I am considered as a ordinary resident of the UK?

[MPH80]

1) A JR can only be brought when a decision has been made. The only two ways to chase: 1) Contact UKBA directly or via lawyer, 2) Contact MP. Neither are guaranteed to move it any faster.

2) I can't help here.

3) I can't help here either

4) What do you mean by 'ordinary resident'?

[DLR-Londoner]

Many thanks for another invaluable answer from a repected guru, MPH80

I thought we could lodge a JR, not just for against the decision, but also in delay of making decision, can't we?

One criteria of NHS bursary for nursing student is you have to be an "ordinary resident" of the UK, after been googling there's no actually law defined "ordinary resident" of the uk. I'm, therefore, wondering...I have been living in the UK since 2002 (never left the country) & was granted DL (Art. + now waiting for a decision to extend this Leave...would be considered as "ordinary resident" of the UK, also as I have been living in the UK not for the academic purpose (or on student visa) etc.

[MPH80]

You can TRY to bring a JR whenever you like. The fact it won't be granted is the key.

Have a read about the process of JR: http://en.wikipedia.org/wiki/Judicial_r ... for_review

Unfortunately the JR process is being abused by a significant number of lawyers who see it as some form of alternative appeal. Unfortunately for the rest of us (in terms of expense) UKBA/VI are then caving and re-considering visa applications rather than going and fighting the review.

The reason it's unfortunate is that if UKBA/VI/whatever they are now did go and fight we would have a much clearer view of half of the immigration rules.

Edit: It would appear you don't qualify for a bursary: http://www.nhsbsa.nhs.uk/Students/Docum ... /FAQ_2.pdf

Could be wrong though.

[DLR-Londoner]

Thanks for your reply again, guru.

Also, thanks for the wiki link, but I dont really want to use wiki as reliable reference source.

It's true that JR could be seen as "abused" but I would not want to comment on other people's cases whether they wanted to use instead of appeal process or not.

As for my case, there's nothing to do with appeal. I raised the JR point because I dont know the immigration law well and I am not sure for legal point of view, when should be considered as "unlawful" in delay of making decision or administrative point of view and another point is whether loadging the JR or not it's unfortunate for me because I'm paying for it, legal fees & court costs (if going ahead with JR), not to mention the UK taxes I am paying now so that this is paid for the UKVI to do their (crappy) jobs.

Finally, many thanks for the link, I have seen it, I might not directly "qualify" or meet the criteria. However, if you look a bit below under "Students who do not meet the residency rules"...If you do not meet the required residency conditions, you may still be eligible for an NHS Bursary...they then went on talking about refugee or refused refugee (aka HP/DL like myself). But the point I raised on the board is about the definition of "ordinary resident" of the UK by law.

many thanks for taking time replying my post, anyway.

[fimboz]

I send my application for an extension of discretionary leave in February but got no response. I was granted discretionary leave to remain in March 2011 and unsure whether they will give me a further three year extension or indefinite.

Time Line of My Visa Process

Jan 99-2002 Granted student visa
2002-2007 -work visa
2007 indefinite leave to remain refused
2009 applied for asylum which was refused
2011 made a further application
march 2011 discretionary leave granted
feb 2014- Applied for extension (no acknowledgement received and still waiting).

It is a frustrating process indeed.

[MPH80]

Thanks for your reply again, guru.

Also, thanks for the wiki link, but I dont really want to use wiki as reliable reference source.

It's true that JR could be seen as "abused" but I would not want to comment on other people's cases whether they wanted to use instead of appeal process or not.

As for my case, there's nothing to do with appeal. I raised the JR point because I dont know the immigration law well and I am not sure for legal point of view, when should be considered as "unlawful" in delay of making decision or administrative point of view and another point is whether loadging the JR or not it's unfortunate for me because I'm paying for it, legal fees & court costs (if going ahead with JR), not to mention the UK taxes I am paying now so that this is paid for the UKVI to do their (crappy) jobs.

Finally, many thanks for the link, I have seen it, I might not directly "qualify" or meet the criteria. However, if you look a bit below under "Students who do not meet the residency rules"...If you do not meet the required residency conditions, you may still be eligible for an NHS Bursary...they then went on talking about refugee or refused refugee (aka HP/DL like myself). But the point I raised on the board is about the definition of "ordinary resident" of the UK by law.

many thanks for taking time replying my post, anyway.

Same information on judicial review from the judiciary. Only far less detailed and intelligible.

http://www.judiciary.gov.uk/you-and-the ... al-review/

[DLR-Londoner]

Hi fimboz - it's outrage! The way, HO's been dealing with your case, you should be able to apply for IRL by now (14 year route) but was granted DLR 3 years before.

By the way, my solicitor has ensured me very firmly that if there's no change of reason since originally granted + no criminal record, you'll more than 95% likely get extended, but just the stupid wait that UKVI made us into this limbo again and again...it is very unacceptable. Plus this wait will not be deducted when we finally apply for ILR; it has to be 3 years DLR + 3 years DLR, not count waiting time...horrible

She was very sure for my case as I had the enchanced CRB from my hospital job offer earlier, plus the conditions of the granted reasons haven't been changed. It's just waiting game

Hope yours would be ok, the same.

Lastly, many thanks for letting me know, I'm not alone dealing the HO crap!

I send my application for an extension of discretionary leave in February but got no response. I was granted discretionary leave to remain in March 2011 and unsure whether they will give me a further three year extension or indefinite.

Time Line of My Visa Process

Jan 99-2002 Granted student visa
2002-2007 -work visa
2007 indefinite leave to remain refused
2009 applied for asylum which was refused
2011 made a further application
march 2011 discretionary leave granted
feb 2014- Applied for extension (no acknowledgement received and still waiting).

It is a frustrating process indeed.

[DLR-Londoner]

Thanks again, guru. Do you have the link for the up-to-date case law/judgement for JR of delay in making decision (in immigration law) instead?

Same information on judicial review from the judiciary. Only far less detailed and intelligible.

http://www.judiciary.gov.uk/you-and-the ... al-review/