Pre action protocol

Joejo · Post by **Joejo** » Tue Jun 28, 2011 12:02 pm

Hi guys
i've got a article8 case/carer waiting for a decision by the HO and its been 21months waiting till today. However my solicitors sent the HO a pre action letter on the 10th this month with 27th deadline to respond.but no answer from the HO.Has anyone got any ideas how this sort of thing works,is it normal for them to ignore that letter as well by law,What should i expect or be prepared for.I will be grateful for any inputs please.thanks

Joejo · Post by **Joejo** » Thu Jul 14, 2011 4:36 pm

Hi guys

From my previous post i mentioned having threatened HO with JR,having sent them a pre action letter on the 10th/7/2011,today i got a letter from them saying that i shouldnt go to court and they gave a time limit of 2-3mnths for them to conclude my case.ive been waiting since sept/09.Can someome please shade some light,what worse case senario can i expect,am confused and dont no wat to think anymore,someone who has been in the same situation please help.thanks

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Thu Jul 14, 2011 5:19 pm

If your solicitor had previously threatened them with a different JR and later did not actually lodge a JR - that is why they could ignore PP.

Where did your solicitor send it to ? TreSol ? CSW ? Department that refused your application ?

Joejo wrote:Hi guys
i've got a article8 case/carer waiting for a decision by the HO and its been 21months waiting till today. However my solicitors sent the HO a pre action letter on the 10th this month with 27th deadline to respond.but no answer from the HO.Has anyone got any ideas how this sort of thing works,is it normal for them to ignore that letter as well by law,What should i expect or be prepared for.I will be grateful for any inputs please.thanks

Joejo · Post by **Joejo** » Thu Jul 14, 2011 9:38 pm

Hi immigration lawyer,
i lodged in for JR in sept 2009 when removal directions was in force,Then the HO withdrew that decision so that they may reconsider the case again,So my application for JR Was refused as the high court said it was academic because the HO has agreed to look in to the case again.However they took this long so we sent in another pre action protocol which they replied to saying that they are going to conclude the case in 2-3months so we don't have to go ahead with the JR.It was sent to the JR unit in croydon.

Joejo · Post by **Joejo** » Fri Jul 15, 2011 4:07 pm

Hi immigration lawyer
pliz advice on my case thanks,or anybody with same experience.

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Sun Jul 17, 2011 8:59 pm

I think your lawyer will be best at it as he is aware of all the details of your case.

Joejo · Post by **Joejo** » Mon Aug 08, 2011 12:59 am

Hi guys
just an update on my situation,i sent a pre action protocol on the 10th June letter before claim for JR, the HO sent me a letter of response on the 8th July saying that my case is given full consideration and they anticipate that it will be possible to send a substantive reply by the 4th of Aug. However i have not heard anything as regarding the same.can someone in the same situation or with relevant experience or ideas shade some light on whats going on here with my case or when i should roughly receive their reply after the date they gave.I will be so grateful for any replies.

thanks

vinny · Post by **vinny** » Mon Aug 08, 2011 1:08 am

Joejo wrote:From my previous post

sushdmehta wrote:Always helpful to continue discussion under one topic.

Joejo · Post by **Joejo** » Mon Aug 08, 2011 12:12 pm

Hi guys
just an update on my situation,i sent a protocol on the 10th June letter before claim for JR, the HO sent me a letter of response on the 8th July saying that my case is given full consideration and they anticipate that it will be possible to send a substantive reply by the 4th of Aug. However i have not heard anything as regarding the same.can someone in the same situation or with relevant experience or ideas shade some light on whats going on here with my case or when i should roughly receive their reply after the date they gave.I will be so grateful for any replies.

thanks

sorry for not continuing on previous topic

Joejo · Post by **Joejo** » Wed Aug 10, 2011 12:26 am

Hi guys
has anyone got any ideas or gone through the same senerio as my predicament above????????????/

net5 · Post by **net5** » Thu Aug 11, 2011 1:12 pm

i am actually going through the same thing. After threat of judicial review they said they will reply by the 16th of july but haven't heard anything back. My solicitor has written to them giving them a deadline of the 12th of august otherwise court action will be taken.i am actually going through the same thing. After threat of judicial review they said they will reply by the 16th of july but haven't heard anything back. My solicitor has written to them giving them a deadline of the 12th of august otherwise court action will be taken.

Joejo · Post by **Joejo** » Thu Aug 11, 2011 5:34 pm

Hi nets5,

yeah its the same situation not had a thing till today, my solicitors have written them another letter today so still waiting to see what comes up, please let me know if your successful. I will let you know the same. I hope it works out for us. Anybody else with same senerio please post.Thanks

net5 · Post by **net5** » Fri Aug 12, 2011 11:45 am

yeah me too am tired of the waiting, been in limbo and not working. What kind of letter did your solicitor write ?

Joejo · Post by **Joejo** » Fri Aug 12, 2011 12:58 pm

Hi net5

Its utter madness all this frustration but will all be winners at some point. Yeah rang the solicitors and they said that they had written another but still waiting for my copy.when it comes through will let you know of the content. Any luck your end?, what kind letter did you send last.

net5 · Post by **net5** » Fri Aug 12, 2011 1:13 pm

hi joejo

she sent a letter just to say that she will be informing tsol of them breaking the court order they agreed to before we withdrew the jr. Tried calling my solicitor today and she is off till tuesday.

she sent a letter just to say that she will be informing tsol of them breaking the court order they agreed to before we withdrew the jr. Tried calling my solicitor today and she is off till tuesday.

Joejo · Post by **Joejo** » Fri Aug 12, 2011 2:38 pm

hi joejo

she sent a letter just to say that she will be informing tsol of them breaking the court order they agreed to before we withdrew the jr. Tried calling my solicitor today and she is off till tuesday.

she sent a letter just to say that she will be informing tsol of them breaking the court order they agreed to before we withdrew the jr. Tried calling my solicitor today and she is off till Tuesday.

Yeah net5,

i think that's going to be the same kinda letter am expecting them to send as well, spoke to the solicitor today and they are preparing the same i hope they will send it through then, your a step ahead of me, had you already initially filed for JR yet or you just sent pp letter.just looking forward for a positive result from your side soon. Have you ever had of any success stories through this process of ours.

net5 · Post by **net5** » Fri Aug 12, 2011 4:00 pm

i have already filed for jr and at the last minute before a date for jr was set the treasury solicitor wrote to say they will reconsider the application and this will be done by the 16th of july.A friend went through it and get ilr but his only took 8months though. How long have you been in the country ?

Joejo · Post by **Joejo** » Fri Aug 12, 2011 5:55 pm

net5 i have already filed for jr and at the last minute before a date for jr was set the treasury solicitor wrote to say they will reconsider the application and this will be done by the 16th of july.A friend went through it and get ilr but his only took 8months though. How long have you been in the country

Hey
That sounds good at least you know of someone who has pursued that route successfully.So there's hope. I have been in the UK now 10yrs, all this time its been cat and mouse with the HO filed for JR in Sept 09 and they did withdraw to reconsider with no reply till today solicitors sent a pp as in my previous post.and the response letter said by 4th Aug.I would have a substantive reply.nothing came through!!!,so now they're sending another which am waiting for my copy.How long has your predicament been for.

net5 · Post by **net5** » Fri Aug 12, 2011 6:50 pm

been in the uk for 11 years this year. Came in to the country at 14years old and started the application last september after i got arrested been in the uk for 11 years this year. Came in to the country at 14years old and started the application last september after i got arrested

Obie · Post by **Obie** » Fri Aug 12, 2011 8:23 pm

Guys you will have to be patient with the UKBA. A successful JR process is highly unlikely to result in an order for the HO to issue a residency to you. It will simply order them to reconsider your case, and to grant you the right of appeal if they refuse your application. JR does not look into a merit of a case, it looks into the legality or lawfullness of a public authority decision.

In these situation, i will say no news is a good news, as the longer they take to deal with your case, the higher the possibility they will issue you residency.

I know this does not offer any comfort to you, considering this would have put your life on hold, but please stay calm.

Joejo · Post by **Joejo** » Fri Aug 12, 2011 8:32 pm

Obie
Guys you will have to be patient with the UKBA. A successful JR process is highly unlikely to result in an order for the HO to issue a residency to you. It will simply order them to reconsider your case, and to grant you the right of appeal if they refuse your application. JR does not look into a merit of a case, it looks into the legality or lawfullness of a public authority decision.

In these situation, i will say no news is a good news, as the longer they take to deal with your case, the higher the possibility they will issue you residency.

I know this does not offer any comfort to you, considering this would have put your life on hold, but please stay calm.

Hey Obie,

Thanks for your post of encouragement yeah that's true no news is good news, with patience i hope it will pay soon just the frustration and anxiety but hope it will all come to an end soon.

Joejo · Post by **Joejo** » Fri Aug 12, 2011 8:34 pm

Hey net5

that's a while but yeah what is your claim is that art8.

net5 · Post by **net5** » Sat Aug 13, 2011 9:46 pm

yeah it is article 8

Joejo · Post by **Joejo** » Sun Aug 14, 2011 12:57 am

net5
yeah it is article 8.

Hi
likewise and carers policy have you got any British kids?,Hey let us know of the progress on Tue when you get hold of ya solicitors. Am gan give my ones a ring on Wed hope they have some answers for me,Used to like weekends but not anymore coz nuh thing moves. Am really tired, all this long no work.so hard and frustrating.

net5 · Post by **net5** » Mon Aug 15, 2011 1:23 pm

got no kids at all.what about you,how are you managing to survive

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