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Reconsider application in Pre Action Protocol

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Sobi143s
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Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Wed Apr 01, 2020 5:31 am

Asif Aziz wrote:
Tue Mar 31, 2020 9:03 pm
Yes you are right. there is no definite rule for requirement. rest of other clauses clear . I also read at other forums the home office can play at this point where is some not clear. so let see what happend at my AR. what about your dead line of PAP.
On 27 January 2020, PAP response was received, explaining that your case is being reconsidered. HOME office will contact within 3 months related to outcome of this reconsideration.

Asif Aziz
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Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Wed Apr 01, 2020 9:24 am

How you received the AR decision , I means by email or letter received by VFS or VFS called you to pick your decision letter.

Sobi143s
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Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Wed Apr 01, 2020 2:13 pm

Asif Aziz wrote:
Wed Apr 01, 2020 9:24 am
How you received the AR decision , I means by email or letter received by VFS or VFS called you to pick your decision letter.
It was email.

Asif Aziz
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Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Thu Apr 02, 2020 4:17 pm

I will try today to paid email them , because the Sheffield did't reply of my two email in two weeks , your received the AR decision email by Ar department where submitted or you received AR refusal by Sheffield .

Sobi143s
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Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Thu Apr 02, 2020 5:18 pm

I suggest don’t send email them. You should Wait for their reply. There is also panic situation by Covid19. Be cool bro.

JB44
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Re: Reconsider application in Pre Action Protocol

Post by JB44 » Thu Apr 02, 2020 5:51 pm

Applied PAP on 27th of march
Got reply on 1st of april
Home office said they will reconsider my application within 3 months

Asif Aziz
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Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Thu Apr 02, 2020 7:48 pm

Yes i should cool in like matters. i waited 40 days for Ar decision even there were 28 days limit after then i emailed them and they said decision has made . so passing 10 days of that email then email. :Thank you for your advise and i will wait more.
i asked you one question ,You receive AR decision by Sheffield or from AR Department"

Asif Aziz
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Posts: 43
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Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Thu Apr 02, 2020 7:51 pm

JB44 wrote:
Thu Apr 02, 2020 5:51 pm
Applied PAP on 27th of march
Got reply on 1st of april
Home office said they will reconsider my application within 3 months
Your refusal details..? would you like to share brother.?

Sobi143s
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Posts: 51
Joined: Tue Feb 11, 2020 9:32 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Thu Apr 02, 2020 8:04 pm

JB44 wrote:
Thu Apr 02, 2020 5:51 pm
Applied PAP on 27th of march
Got reply on 1st of april
Home office said they will reconsider my application within 3 months
You should reject this reconsideration they are takings more time. If your solicitor is good he will refuse this offer. The SLA for Visa Grant is about 6 week, I did know it later, So i am waiting now. Reject the home office offer ask that reconsider the case within fixed period of time about within six weeks, otherwise i will go for Judicial Review. I hope it will work.

Sobi143s
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Posts: 51
Joined: Tue Feb 11, 2020 9:32 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Thu Apr 02, 2020 8:06 pm

Asif Aziz wrote:
Thu Apr 02, 2020 7:48 pm
Yes i should cool in like matters. i waited 40 days for Ar decision even there were 28 days limit after then i emailed them and they said decision has made . so passing 10 days of that email then email. :Thank you for your advise and i will wait more.
i asked you one question ,You receive AR decision by Sheffield or from AR Department"
I think from Sheffield.

Asif Aziz
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Posts: 43
Joined: Thu Oct 31, 2019 8:03 pm
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Thu Apr 02, 2020 8:25 pm

Sobi143s wrote:
Thu Apr 02, 2020 8:04 pm
JB44 wrote:
Thu Apr 02, 2020 5:51 pm
Applied PAP on 27th of march
Got reply on 1st of april
Home office said they will reconsider my application within 3 months
You should reject this reconsideration they are takings more time. If your solicitor is good he will refuse this offer. The SLA for Visa Grant is about 6 week, I did know it later, So i am waiting now. Reject the home office offer ask that reconsider the case within fixed period of time about within six weeks, otherwise i will go for Judicial Review. I hope it will work.
I will add of my friend experience , in last simple business visit visa , it was not even his first visa, when he submit JR , the department same offered 3 months but his solicitor wrote them if they consider in 15 days then ok otherwise we will go for JR. But they decide in 25 days and he granted Visa.You can ask them i can't wait too much . and give some good reasons then . because his reasons were solid.

JB44
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Re: Reconsider application in Pre Action Protocol

Post by JB44 » Fri Apr 03, 2020 1:19 am

REASONS FOR REFUSAL NRA v 1.0

You have applied for a visa to visit the UK.
In deciding whether you meet the requirements of Appendix V: of the Immigration Rules for visitors (https://www.gov.uk/guidance/immigration ... v-visitor- rules), I have considered:
 your application and any additional relevant information you have provided with it
 your immigration history
 an interview with you
 an interview with your sponsor
The decision
Home Office records show that you have previously been refused a UK visa on 28 April 2019. Whilst I have noted the information submitted and your own representations, I am satisfied that the Entry Clearance Officer sufficiently considered the information that you submitted and I am not satisfied that there has been a sufficient change in your circumstances since your previous application.
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) 4.2 - 10 of Appendix V because:
You state that you wish to visit the UK for 5 month 3 day’s to play cricket as an overseas amateur. You have said you have no family in the UK and that this visit will cost you £2,500 (11,950 QAR Oanda @ exchange rate £1=4.78 QAR as of 11 March 2020).
To demonstrate your financial position and ability to fund this visit you have submitted a Qatar National Bank (QNB) account number ending 043 in your name showing a closing balance of 25,040 QAR (£5,238). However, the transaction history on the bank statement you have submitted does not show deposits that are identifiable as being from your employer. Furthermore, all credits to the account are shown as ATM Cash Deposits.
You have stated that you are employed as an accountant and I acknowledge you have submitted an employment letter to support the application. However, you have stated that you wish to visit the UK for 5 months 3 days in order to play cricket for the Walkden Cricket
Club. Given the duration of the visit it is unclear whether the nature of your employment will change during this time. Furthermore, I am not satisfied that you will be able to maintain and accommodate yourself adequately in the UK during your visit.
Given the above, I am not satisfied that you are genuinely seeking entry as a visitor and that you intend to leave the UK at the end of your visit. Your application is therefore refused under paragraph’s V 4.2 (a) and (c).

JB44
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Re: Reconsider application in Pre Action Protocol

Post by JB44 » Fri Apr 03, 2020 1:29 am

Check the Reasons

First lie of ECO.
Me and my sponsor both are not interviewed. I didn’t received a call or email for interview and neither do my sponsor.

ECO said my circumstances have not changed.
When i applied in 2019 i showed 2 lac Pakistani only as now i showed 25000 Qatari Riyals. I have Job working as an accountant at a salary of 10000 Qatari Riyals.

ECO said that i dont have a relative in UK where would i stay.
ECO didn’t even checked my sponsor letter which clearly states that my sponsor is providing me accommodation for 5 months and also a return ticket to and from DOHA. The accommodation was confirmed by a local real estate agency of UK amd letter was attached for ECO.

ECO said that the cash is deposited from AtM and also my employment nature can change as i am going for a period of 5 months.

My company gave signed and stamped letter tgat salary is provided in cash. And company also gave me NOC to leave for UK. My iqama was expiring in july 2020 but my company renewed my iqama july 2021 so that i can come and join.


Point is the ECO didn’t even read a single letter in my application

JB44
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Re: Reconsider application in Pre Action Protocol

Post by JB44 » Fri Apr 03, 2020 4:47 am

Sobi143s wrote:
Thu Apr 02, 2020 8:04 pm
JB44 wrote:
Thu Apr 02, 2020 5:51 pm
Applied PAP on 27th of march
Got reply on 1st of april
Home office said they will reconsider my application within 3 months
You should reject this reconsideration they are takings more time. If your solicitor is good he will refuse this offer. The SLA for Visa Grant is about 6 week, I did know it later, So i am waiting now. Reject the home office offer ask that reconsider the case within fixed period of time about within six weeks, otherwise i will go for Judicial Review. I hope it will work.


The problem is i was going there to play cricket for a club. And now due to covid 19 the season has been delayed until the situation gets better. Even if the grant me visa within 25 days i will not go until the season is resumed. So its better to wait rather then asking them to give decision quickly

JB44
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Posts: 19
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Re: Reconsider application in Pre Action Protocol

Post by JB44 » Fri Apr 03, 2020 4:48 am

Asif Aziz wrote:
Thu Apr 02, 2020 8:25 pm
Sobi143s wrote:
Thu Apr 02, 2020 8:04 pm
JB44 wrote:
Thu Apr 02, 2020 5:51 pm
Applied PAP on 27th of march
Got reply on 1st of april
Home office said they will reconsider my application within 3 months
You should reject this reconsideration they are takings more time. If your solicitor is good he will refuse this offer. The SLA for Visa Grant is about 6 week, I did know it later, So i am waiting now. Reject the home office offer ask that reconsider the case within fixed period of time about within six weeks, otherwise i will go for Judicial Review. I hope it will work.
I will add of my friend experience , in last simple business visit visa , it was not even his first visa, when he submit JR , the department same offered 3 months but his solicitor wrote them if they consider in 15 days then ok otherwise we will go for JR. But they decide in 25 days and he granted Visa.You can ask them i can't wait too much . and give some good reasons then . because his reasons were solid.

The problem is i was going there to play cricket for a club. And now due to covid 19 the season has been delayed until the situation gets better. Even if the grant me visa within 25 days i will not go until the season is resumed. So its better to wait rather then asking them to give decision quickly

Waseem03
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Posts: 55
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Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Waseem03 » Fri Apr 03, 2020 10:46 am

i got same email PAP response (sole rep visa).


Details of the matter being challenged
You wrote to the Home Office on 11/03/2020, which we received on the same date, disputing the grounds for the refusal of your application which
had been made by the ECO and subsequently upheld following AR.

You state that:
The ECO has misunderstood the nature of the business bank statements provided in support of your application and has drawn erroneous conclusions as to the viability of the UK branch based on this.
The ECO has failed to duly consider all of the evidence provided with the application and has focused on the business bank statements to the
exclusion of other evidence.
The ECO was mistaken in estimating the net profits of your parent company based on an inaccurate understanding of the Pakistan tax code.

You have asked for the following relief:
The decision to be overturned and entry clearance issued.
Response to the matters raised.

The Secretary of State has reviewed the decision and will now proceed to reconsider the matter in the light of the evidence and representations you have made. You will be contacted within 3 months of the date of this letter regarding the outcome of this reconsideration.
6. Details of any other interested parties
None cited.
7. Address for service of court documents
The Secretary of State has considered your request and deems that a sufficient remedy has been provided. Therefore the Pre- Action Protocol
is now considered to be concluded.
However, if you wish to proceed to Judicial Review, the service address for Judicial Reviews issued in the Upper Tribunal is:
Litigation Allocation Unit, 6 New Square, Bedfont Lakes, Feltham, Middlesex, TW14 8HA.
The service address for Judicial Reviews issued in the Administrative
Court is:
Government Legal Department, 102 Petty France, London, SW1H 9GL
Please note Judicial Reviews issued in the Administrative Court should continue to be served on the Government Legal Department.
The Secretary of State would like to remind you and your client that an application for Judicial Review should be made promptly and in any
event within three months of the date of the action against which the claim is to be made. The service of this Pre -Action Protocol letter does
not affect this time limit.
From 6 April 2016, immigration applications may be refused if the applicant owes a litigation debt to the Home Office. We wish to remind you that failure to pay any costs awarded against you by the court or tribunal should you proceed with litigation in this case may affect the success of any future immigration application that you make.
Yours faithfully,
Xxxxxxxxx
Litigation Operations
Appeals, Litigation and Admin Review
On behalf of the Secretary of State for the Home Department

Sobi143s
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Posts: 51
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Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Fri Apr 03, 2020 12:31 pm

Hi waseem.
If your case is genuine, ask the Home Office to reconsider case within limited time period. These are delaying tactics. Reject the pap response and Email the home to resolve issue within limited time within 6 weeks, otherwise go for judicial review. I hope you case will be resolved speedy. You should not afford to loose Home office at above (pap response) points.

Sobi143s
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Posts: 51
Joined: Tue Feb 11, 2020 9:32 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Fri Apr 03, 2020 12:34 pm

Waseem03 wrote:
Fri Apr 03, 2020 10:46 am
i got same email PAP response (sole rep visa).


Details of the matter being challenged
You wrote to the Home Office on 11/03/2020, which we received on the same date, disputing the grounds for the refusal of your application which
had been made by the ECO and subsequently upheld following AR.

You state that:
The ECO has misunderstood the nature of the business bank statements provided in support of your application and has drawn erroneous conclusions as to the viability of the UK branch based on this.
The ECO has failed to duly consider all of the evidence provided with the application and has focused on the business bank statements to the
exclusion of other evidence.
The ECO was mistaken in estimating the net profits of your parent company based on an inaccurate understanding of the Pakistan tax code.

You have asked for the following relief:
The decision to be overturned and entry clearance issued.
Response to the matters raised.

The Secretary of State has reviewed the decision and will now proceed to reconsider the matter in the light of the evidence and representations you have made. You will be contacted within 3 months of the date of this letter regarding the outcome of this reconsideration.
6. Details of any other interested parties
None cited.
7. Address for service of court documents
The Secretary of State has considered your request and deems that a sufficient remedy has been provided. Therefore the Pre- Action Protocol
is now considered to be concluded.
However, if you wish to proceed to Judicial Review, the service address for Judicial Reviews issued in the Upper Tribunal is:
Litigation Allocation Unit, 6 New Square, Bedfont Lakes, Feltham, Middlesex, TW14 8HA.
The service address for Judicial Reviews issued in the Administrative
Court is:
Government Legal Department, 102 Petty France, London, SW1H 9GL
Please note Judicial Reviews issued in the Administrative Court should continue to be served on the Government Legal Department.
The Secretary of State would like to remind you and your client that an application for Judicial Review should be made promptly and in any
event within three months of the date of the action against which the claim is to be made. The service of this Pre -Action Protocol letter does
not affect this time limit.
From 6 April 2016, immigration applications may be refused if the applicant owes a litigation debt to the Home Office. We wish to remind you that failure to pay any costs awarded against you by the court or tribunal should you proceed with litigation in this case may affect the success of any future immigration application that you make.
Yours faithfully,
Xxxxxxxxx
Litigation Operations
Appeals, Litigation and Admin Review
On behalf of the Secretary of State for the Home Department
Waseem bro
When you applied for Visa? And mention the date of Refused decision, apply pap and pap response.

Waseem03
Junior Member
Posts: 55
Joined: Fri Apr 03, 2020 9:53 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Waseem03 » Fri Apr 03, 2020 12:43 pm

Visa apply date . 07.11.2019
Interview date. 20.12.2019
Refusal date. 07.01.2020
Admin review date. 04.02.2020
Admin refused date. 19.02.2020
PAP request date. 11.03.2020
PAP response email for reconsider. 25.03.2020

Waseem03
Junior Member
Posts: 55
Joined: Fri Apr 03, 2020 9:53 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Waseem03 » Fri Apr 03, 2020 5:34 pm

Aamirminsa wrote:
Sat Dec 28, 2019 6:48 pm
This is a letter of response in accordance with the provisions of the Pre-Action Protocol for Judicial Review. A copy of this can be found at: www.justice.gov.uk.
1. TheClaimant
Xxxxxxx
2. From
Secretary of State for the Home Department.
3. References
Your Ref: KF:KFxxxxxxx
HO Ref: SHEFCxxxxx
4. Details of the matter being challenged
You wrote to the Home Office on 10 December 2019, which we received on 12 December 2019, challenging the Secretary of State’s decision dated 25 September 2019.
You have asked for the following relief:
The Secretary of State reconsider her decision dated 25 September 2019 and issue your client with Entry Clearance to the United Kingdom as an Overseas Business Representative.
5. Response to the matters raised
The Secretary of State has reviewed the decision dated 25 September 2019 will now proceed to reconsider the matter in the light of the evidence and representations you have made. You will be contacted within 4 months of the date of this letter regarding the outcome of this reconsideration.
6. Details of any other interested parties
None cited.
7. Address for service of court documents
ICD.4816 1 of 2
PO Box 3468
Sheffield
S3 8WA
Tel 0300 123 2241
Fax On request
Web www.gov.uk/uk-visas-immigration

The Secretary of State has considered your request and deems that a sufficient remedy has been provided. Therefore, the Pre- Action Protocol is now considered to be concluded.
However, if you wish to proceed to Judicial Review, the service address for Judicial Reviews issued in the Upper Tribunal is:
Litigation Allocation Unit, 6 New Square, Bedfont Lakes, Feltham, Middlesex, TW14 8HA.
The service address for Judicial Reviews issued in the Administrative Court is:
Government Legal Department, One Kemble Street, London WC2B 4TS.
Please note Judicial Reviews issued in the Administrative Court should continue to be served on the Government Legal Department.
From 6 April 2016, immigration applications may be refused if the applicant owes a litigation debt to the Home Office. We wish to remind you that failure to pay any costs awarded against you by the court or tribunal should you proceed with litigation in this case may affect the success of any future immigration application that you make.
Yours faithfully,
Xxxxxxx
Lit Ops
Appeals, Litigation and Admin Review
On behalf of the Secretary of State for the Home Department
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... on-use-in- borders-immigration-and-citizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
ICD.4816 2 of 2
hi amir.
any update regarding ur case? i also received same email.

Waseem03
Junior Member
Posts: 55
Joined: Fri Apr 03, 2020 9:53 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Waseem03 » Sat Apr 04, 2020 4:48 am

Sobi143s wrote:
Fri Apr 03, 2020 12:34 pm
Waseem03 wrote:
Fri Apr 03, 2020 10:46 am
i got same email PAP response (sole rep visa).


Details of the matter being challenged
You wrote to the Home Office on 11/03/2020, which we received on the same date, disputing the grounds for the refusal of your application which
had been made by the ECO and subsequently upheld following AR.

You state that:
The ECO has misunderstood the nature of the business bank statements provided in support of your application and has drawn erroneous conclusions as to the viability of the UK branch based on this.
The ECO has failed to duly consider all of the evidence provided with the application and has focused on the business bank statements to the
exclusion of other evidence.
The ECO was mistaken in estimating the net profits of your parent company based on an inaccurate understanding of the Pakistan tax code.

You have asked for the following relief:
The decision to be overturned and entry clearance issued.
Response to the matters raised.

The Secretary of State has reviewed the decision and will now proceed to reconsider the matter in the light of the evidence and representations you have made. You will be contacted within 3 months of the date of this letter regarding the outcome of this reconsideration.
6. Details of any other interested parties
None cited.
7. Address for service of court documents
The Secretary of State has considered your request and deems that a sufficient remedy has been provided. Therefore the Pre- Action Protocol
is now considered to be concluded.
However, if you wish to proceed to Judicial Review, the service address for Judicial Reviews issued in the Upper Tribunal is:
Litigation Allocation Unit, 6 New Square, Bedfont Lakes, Feltham, Middlesex, TW14 8HA.
The service address for Judicial Reviews issued in the Administrative
Court is:
Government Legal Department, 102 Petty France, London, SW1H 9GL
Please note Judicial Reviews issued in the Administrative Court should continue to be served on the Government Legal Department.
The Secretary of State would like to remind you and your client that an application for Judicial Review should be made promptly and in any
event within three months of the date of the action against which the claim is to be made. The service of this Pre -Action Protocol letter does
not affect this time limit.
From 6 April 2016, immigration applications may be refused if the applicant owes a litigation debt to the Home Office. We wish to remind you that failure to pay any costs awarded against you by the court or tribunal should you proceed with litigation in this case may affect the success of any future immigration application that you make.
Yours faithfully,
Xxxxxxxxx
Litigation Operations
Appeals, Litigation and Admin Review
On behalf of the Secretary of State for the Home Department
Waseem bro
When you applied for Visa? And mention the date of Refused decision, apply pap and pap response.
hi sobi
Visa apply date . 07.11.2019
Interview date. 20.12.2019
Refusal date. 07.01.2020
Admin review date. 04.02.2020
Admin refused date. 19.02.2020
PAP request date. 11.03.2020
PAP response email for reconsider. 25.03.2020

Asif Aziz
Newbie
Posts: 43
Joined: Thu Oct 31, 2019 8:03 pm
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Sat Apr 04, 2020 12:30 pm

last day I received again by them , they will contact me in 15 days . I thought ok , i will wait for reply . But same day in evening i received another email by a person from Home Office , said , we need your details ,like name , DOB and application numbers . i replied all things in email.
What are they doing .

Sobi143s
- thin ice -
Posts: 51
Joined: Tue Feb 11, 2020 9:32 am
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Sobi143s » Sat Apr 04, 2020 3:48 pm

Asif Aziz wrote:
Sat Apr 04, 2020 12:30 pm
last day I received again by them , they will contact me in 15 days . I thought ok , i will wait for reply . But same day in evening i received another email by a person from Home Office , said , we need your details ,like name , DOB and application numbers . i replied all things in email.
What are they doing .
It’s totally strange while home office keep all data of applicants.

Asif Aziz
Newbie
Posts: 43
Joined: Thu Oct 31, 2019 8:03 pm
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by Asif Aziz » Sat Apr 04, 2020 7:06 pm

Yes you right, Because in my email there were all things i mentioned again , I don't know why they are doing late . Mostly they reply at the AR reply in email . But all Vfs are also closed if reply is positive.that thing make delay maybe , now i am thinking.

JB44
Newly Registered
Posts: 19
Joined: Wed Apr 01, 2020 8:34 pm
Pakistan

Re: Reconsider application in Pre Action Protocol

Post by JB44 » Sat Apr 04, 2020 10:44 pm

Asif Aziz wrote:
Sat Apr 04, 2020 12:30 pm
last day I received again by them , they will contact me in 15 days . I thought ok , i will wait for reply . But same day in evening i received another email by a person from Home Office , said , we need your details ,like name , DOB and application numbers . i replied all things in email.
What are they doing .

Bro how much time they took to reply after your first pap response?

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