How to challenge an OUT OF COUNTRY right of appeal

hi guys,
I have an on going case with the UKBA thats getting ugly.

After a refusal with no right of appeal, a set of instructions were given, e.g send in a reconsideration request which was refused and then send an independent review.

However after the later was sent in, and no reply was received. I was served a removal notice with an OUT OF COUNTRY right of appeal, i tried to explain I had a pending application, but the insisted that the reason was because there was no pending application with the UKBA.

1. After I showed them I did have a pending application.

They said, the REMOVAL NOTICE still stands and no enforcement action will be taken until the pending application has been dealt with. Hence the removal notice was served in error in my opinion, as they claimed I overstayed.

2. They claim I overstayed, when my application in 2008 was held till 2010 and withdrawn without my knowledge. Hence classified as an overstayer backdated to 2008 without my doing

3. I have a daughter who will be 6 this year, and her mum is renewing her work permit and doing a phd. I have an msc here in the UK

Though I have been speaking to solicitors, I thought I also ask advise here or does anyone recommend a solicitor ?

many thanks
I

What was your status in 2008? What was your application for? Why was the application withdrawn (were you ever given a reason)?

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ouflak1 wrote:What was your status in 2008? What was your application for? Why was the application withdrawn (were you ever given a reason)?

I was a dependent to my x wife, who was a student.

We both applied for a workpermit in 2008, the UKBA caseworker said in 2010 that if she approves the removal of my application, he will put her's through, hence I reapplied as advised by a solicitor for flr(o) which was rejected, and I sent in a independent review as advised by the refusal letter, hence I found myself in this mess.

I have a daughter who will be 6 this year with my x and a contact order.

The UKBA failed to serve me any notices in 2010 when my application was withdrawn, which was without my knowledge or consent.

itiz wrote:

ouflak1 wrote:What was your status in 2008? What was your application for? Why was the application withdrawn (were you ever given a reason)?

We both applied for a workpermit in 2008, the UKBA caseworker said in 2010 that if she approves the removal of my application, he will put her's through,

The UKBA failed to serve me any notices in 2010 when my application was withdrawn, which was without my knowledge or consent.

There is something very strange about this. By law, the case worker couldn't even discuss your application with anybody else but you or your solicitor, not even your wife, much less allow someone else to withdraw it. In fact, it's rather surprising that both your applications even came across the same case worker's desk, an unlikely possibility to say the least. Either there is some key detail being left out here, or the case worker has opened themselves up fairly readily to prosecution, since this would certainly leave an easy paper trail to follow. How did you find out your application had been withdrawn? Did your employer/sponsor receive notification? How did the case worker dealing with your wife's application even know that you also had a work permit application in the system?

ouflak1 wrote:

itiz wrote:

ouflak1 wrote:What was your status in 2008? What was your application for? Why was the application withdrawn (were you ever given a reason)?

We both applied for a workpermit in 2008, the UKBA caseworker said in 2010 that if she approves the removal of my application, he will put her's through,

The UKBA failed to serve me any notices in 2010 when my application was withdrawn, which was without my knowledge or consent.

There is something very strange about this. By law, the case worker couldn't even discuss your application with anybody else but you or your solicitor, not even your wife, much less allow someone else to withdraw it. In fact, it's rather surprising that both your applications even came across the same case worker's desk, an unlikely possibility to say the least. Either there is some key detail being left out here, or the case worker has opened themselves up fairly readily to prosecution, since this would certainly leave an easy paper trail to follow. How did you find out your application had been withdrawn? Did your employer/sponsor receive notification? How did the case worker dealing with your wife's application even know that you also had a work permit application in the system?

Bear in mind, it was a work permit and I was my x wife dependent. Despite the fact, I paid all the bills.

As I said, the application was held for almsot 2 years, after which I was offered a job for £30k and the employer chased the UKBA, hence the case worker called my x wife and said if we cant show more funds in our account backdated to the time of application, he would either refuse both or advised her to withdraw mine, so he could put hers through.

I was not served any notices whatsoever, even when the new solicitor i used request a subject access file. Hence the start of my woes.

ouflak1 wrote:
There is something very strange about this. By law, the case worker couldn't even discuss your application with anybody else but you or your solicitor, not even your wife, much less allow someone else to withdraw it. In fact, it's rather surprising that both your applications even came across the same case worker's desk, an unlikely possibility to say the least. Either there is some key detail being left out here, or the case worker has opened themselves up fairly readily to prosecution, since this would certainly leave an easy paper trail to follow. How did you find out your application had been withdrawn? Did your employer/sponsor receive notification? How did the case worker dealing with your wife's application even know that you also had a work permit application in the system?

Well am glad you and others in this forum ( in past times ) have found it strange, as when I complained to the UKBA, they never have once admitted something was wrong.

Two immigration officers came to my house this morning to re-serve a removal notice and referred to me as an overstayer. I tried to explain that a caseworker has NO RIGHT to advise or influence a decision, but no one so far has listened, hence its off to the courts.