FLR(M) Refused with no Appeal Rights. Going for JR

dilse4srk wrote:???

Hi,

Sorry, for some reason i did not receive notification for your post. This is very confusing situation for me on this part. I received refusal letter on 26th of September but letter was dated 18th July. Considering the date we received the letter, i have time till 26th of December. but consider the date on letter, 90 days period is already exhausted on 18th October.

Here is the question- Can we not go for JR based on the outcome of reconsideration? considering new decision date and hence further 90 days to that date?

Also, my solicitor is bit worried about me attending the coming reporting. but there is no way avoiding it either.

Postman_2016 wrote:

dilse4srk wrote:???

Hi,

Sorry, for some reason i did not receive notification for your post. This is very confusing situation for me on this part. I received refusal letter on 26th of September but letter was dated 18th July. Considering the date we received the letter, i have time till 26th of December. but consider the date on letter, 90 days period is already exhausted on 18th October.

Here is the question- Can we not go for JR based on the outcome of reconsideration? considering new decision date and hence further 90 days to that date?

Also, my solicitor is bit worried about me attending the coming reporting. but there is no way avoiding it either.

Please be advised (As this is a common misunderstanding) that you do in fact have appeal rights. The certification of your claim invokes appeal rights, however they have to be exercised from outside the UK.

It is unlawful of the Home Office to make any decision that involves human rights without a right of appeal.

@postman

i would suggest you attend the appointment and take the reconsideration letter with you. mean while give a call to home and litigation department to ask them any updates on your case

dilse4srk wrote:@postman

i would suggest you attend the appointment and take the reconsideration letter with you. mean while give a call to home and litigation department to ask them any updates on your case

Thanks mate, personally i want to go whatever happens as i want to abide the conditions.
if you dont hear from me over the weekend- you know what might have happened

what do you think about this: Can we not go for JR based on the outcome of reconsideration? considering new decision date and hence further 90 days to that date?

Sorry again, I did not receive notification for your previous posts.

Reading at people's stories here about JR and in cases where upper tribunal gave decision against HO, that decision was not to tell HO to give applicant visa but to reconsider your case. What i would suggest you is wait for the time when 3 months of reconsideration would be over and then file JR, then HO will come back to you asking to winthdraw JR and they will take a look a your case.

I think this is what will happen next if me and you dont hear anything back within our 3 months time frame

dilse4srk wrote:@postman

i would suggest you attend the appointment and take the reconsideration letter with you. mean while give a call to home and litigation department to ask them any updates on your case

Hi,

Reporting went fine. asked me why i did not attend the first reporting and asked me to confirm home address.
nothing else.

Next month now- hope not.

Thats a good news. Today home office sent a response to my MP that i should continue to wait while home office reconsiders my application and also i should continue reporting. I am hoping i hear something positive before my next reporting. This wait is so frustrating

Any updates?

dilse4srk wrote:Any updates?

Yes certainly, this wait is extremely frustrating. No, there is no update at my end either- I am strongly sensing that i will have to go for JR before they take reconsideration seriously.

I am thinking to go for JR in 1st week of december as my 3 months of refusal are getting over in 2nd week of december and my solicitor thinks he needs atleast a week to prepare and submit JR. I am just hoping i some how avoid the lengthy process of JR and just praying i get a response soon.Looking at HO response to MY MP i am hoping they consider my case as quickly as possible. Moreover i have reporting next week and also i was reading a recent post on this forum that a new rule will come into affect on 1st December which will allow home office to remove any person who has a pending human rights appeal

dilse4srk wrote:I am thinking to go for JR in 1st week of december as my 3 months of refusal are getting over in 2nd week of december and my solicitor thinks he needs atleast a week to prepare and submit JR. I am just hoping i some how avoid the lengthy process of JR and just praying i get a response soon.Looking at HO response to MY MP i am hoping they consider my case as quickly as possible. Moreover i have reporting next week and also i was reading a recent post on this forum that a new rule will come into affect on 1st December which will allow home office to remove any person who has a pending human rights appeal

They are making life very difficult for so many genuine applicants. I am more concerned because refusal letter I received on 26th of september was dated 18th July. Considering date of refusal my 90 days period is already expired. I am not sure if i consider the date I received refusal whether my JR will be accepted or not. my next reporting is soon after 1st december, i think i should go for JR in this month.

In your case if you go for JR, it is mostly likely that HO will pursue you to withdraw your JR.

One genuine reason which you can put forward in JR if the judge asks y u submit JR after 3 months

1. Tell them you received the decision letter late

2. Also show them reconsideration from home office that they might over turn the original decision.

i will wait till 6th december and reading at other posts 90 percent chances are home office will say withdraw jr and we will look at ur case because then they will knoe we are taking this further. My solicitor says these new appeal rulr will not affect us as our reconsideration is already pending with home office

dilse4srk wrote:One genuine reason which you can put forward in JR if the judge asks y u submit JR after 3 months

1. Tell them you received the decision letter late

2. Also show them reconsideration from home office that they might over turn the original decision.

i will wait till 6th december and reading at other posts 90 percent chances are home office will say withdraw jr and we will look at ur case because then they will knoe we are taking this further. My solicitor says these new appeal rulr will not affect us as our reconsideration is already pending with home office

Keep me posted with second reporting. is it in this week?

yes its in this week

My 2nd reporting went fine

dilse4srk wrote:My 2nd reporting went fine

Good good, any additional questions asked?

They just confirmed my address. I asked them can you see status of my application and i was told it is still under reconsideration. They gave me new date next month

any news, and when is your reporting

dilse4srk wrote:any news, and when is your reporting

hi,

no update!! my reporting is in next week.

HI All

I could not find a similar post to the one i am posting here. Need urgent advice

My 3 months of flr fp based on british partner application refusal are expiring on 13 DEC 2016 and the reconsideration which home office offered me is expiring on 3 Jan 2017. I have approached two different solicitors in this matter (when we should apply for JR). My solicitor says we should apply for JR before 13 dec 2016, another solicitor says we should wait till 3rd Jan 2017 as this is the time frame given by HO for JR and the maximum you can get our of JR is another reconsideration which i already have.

Could you please advice me on this as i have little time left

My solicitor told me that we will wait for home office to make a new decision on reconsideration and wont be filing JR before that, i approached two different solicitors and i am told the same thing. This is because if home office refuse my application on reconsideration then we can file JR if we dont get appeal right.
And even if we do go for JR the max we will get out of JR will be a reconsideration again which me and you already have

So i will be waiting till 1st week of january

dilse4srk wrote:My solicitor told me that we will wait for home office to make a new decision on reconsideration and wont be filing JR before that, i approached two different solicitors and i am told the same thing. This is because if home office refuse my application on reconsideration then we can file JR if we dont get appeal right.
And even if we do go for JR the max we will get out of JR will be a reconsideration again which me and you already have

So i will be waiting till 1st week of january

Yes, interestingly my solicitor gave me same advice. I was pushing him to start preparing JR and he was saying that we will have another 90 days if they decide to stand by their previous decision after reconsideration.

So i will wait till 2nd week of Jan before I go for JR.

dilse4srk wrote:HI All

I could not find a similar post to the one i am posting here. Need urgent advice

My 3 months of flr fp based on british partner application refusal are expiring on 13 DEC 2016 and the reconsideration which home office offered me is expiring on 3 Jan 2017. I have approached two different solicitors in this matter (when we should apply for JR). My solicitor says we should apply for JR before 13 dec 2016, another solicitor says we should wait till 3rd Jan 2017 as this is the time frame given by HO for JR and the maximum you can get our of JR is another reconsideration which i already have.

Could you please advice me on this as i have little time left

I have decided to merge this post to this thread, as it seems like the issues are very similar, and to prevent the forum from being clogged up with similar topics.

Thanks obie

And interestingly, i asked my question from one of the solicitor who comes on tv and i was told the same thing to wait till HO gives you the new decision, if they refuse you then you go for JR or they will give you appeal right, thing is Christmas period is coming up and this will be delayed if we dont get a response by 2nd week of december