JR Refused without written notification and HO came looking

[gini]

Hi Guys!

I am in big trouble and need you geniuses to help me out.

Came to UK first in Feb 2007

I was student for 3 Years did masters and then went on to PSW

After PSW i got my Tier 2 General sponsored work permit which was till end of may 2014.

Unfortunately my sponsor told me at the very lasy month of visa expiry that he cant extend my sponsor any more so i tried best to find any sponsor or even student visa but couldnt do anything

My family inclduing uncle aunties brother sister as uk nationals so i put FLR(FP) on family and personal life basis which was refused in august and asked me to leave in 5 days with NO RIGHT TO APPEAL.

I requested JR which was accepted with 9 days to submitt case and i did using my solicitor.

On that HO put me on reporting every 2 weeks on IS96 letter person liable to be detained.

I was reporting reguraly on my appointments that last week half 6 in the morning HO and police came looking for and me my wife who is my dependent. I was not home so they left a letter to contact. i contact but system was down so i couldnt get any help.

i contacted solicitor and he found out that my JR on papers is refused and we will get the confirmation in post. till now its been 8,9 days but me and my solicitor both didnt got a single letter. Also my solicitor before weekend sent them urgent fax and post that our client has been advised that jr is refused but we didnt got any written confirmation so send asap .. we need that so i can put renewal application for JR.


Long story i know but questions are how come HO came looking for me without informing me of any decision and giving me time to use my right to go for oral hearing. Also if you guys can help me out with your expertise that what shall i do now as its my last 1 year before i can apply for ILR. Your help will be much appreciated .. also solicitor looks very calm and not communicating well and never told us before that JR can be refused on written basis too ...

PLEASE PLEASE GUYS NEED HELP AS SOON AS POSSIBLE AS I CANT PROCEED ANYTHING WITHOUT WRITTEN INFORMATION AND DONT WANT THEM TO COME AGAIN LOOKING FOR ME AS THAT WILL MAKE THINGS MORE WORSE

[gini]

any updates guys ????

[CR001]

Please stop tagging your question onto other users topics/threads. I have deleted your duplicate posts. Multiple Posts (click)

You already have this thread and should be patient and wait for someone who can or is willing to offer advice. Members volunteer on the website when they have time (we all have jobs and families too) and don't have to respond to your question if they do not wish to. Many members probably also don't have the knowledge or answers to offer you advice.

If you need urgent advice, you should contact your solicitor or find an OISC registered immigration advisor.

[Alicia_4076]

Hi,

I'm also going through a somewhat similar immigration issue. The bottom line is the HO do not care that you have sisters, brothers, that are UK national, I do too and my FLR application was refused when I sent it based on private and family life and I've been in the country for 16 yrs. As hard as this sounds, you really do not have any grounds for JR and your solicitor advising you to go down this route is wrong as they should know it won't be successful. So pls do not waste any more money by applying for an oral hearing as it will be the same result. FLR through private live is a very difficult route, even people who have British partners and children are still being refused. I've been in the country now 16 years, legally for 12 until a dodgy solicitor ruined my chances for ILR and four years on I'm still fighting, so have a lot of experience with this.
So unless you have other grounds to stay in the uk, it will be hard cos they know you are trying to legalise your stay for another year so you can qualify for ILR and they will make it as difficult and impossible for you as they can. But pls don't waste your money going down the JR route, your solicitor knows you don't have a case, it's why he's being relaxed about it and just wanted your money. I've been through the JR route before and wasted my money and the solicitor didn't care.
I wish you the best of luck and really do sympathise with you.

[gini]

Hi many thanks for the detailed reply and I really appreciate that.. I know there is very less in my case infact nothing in it and that's why I am going for flr(o) this time and let see where it takes me. Will have to fight till the end and I'll lodge the flro as soon as possible that at least I can breathe a bit and can be less worrying that someone is coming early morning looking for me .. I wish u very best of luck too take care and thanks

[Obie]

The tribunal may well certify your case, thus depriving you of a right to renewal at an oral hearing.
When was your application refused?

[gini]

The tribunal may well certify your case, thus depriving you of a right to renewal at an oral hearing.
When was your application refused?

I did not got any written confirmation to date but it was decided on around 25th Jan as they came looking for me in 27th Jan .. Then my solicitor checked and advised its been refused and will get the docs soon but to date still waiting for the post

[gini]

The tribunal may well certify your case, thus depriving you of a right to renewal at an oral hearing.
When was your application refused?

I did not got any written confirmation to date but it was decided on around 25th Jan as they came looking for me in 27th Jan .. Then my solicitor checked and advised its been refused and will get the docs soon but to date still waiting for the post

What u suggest flro is the option or not ??

[gini]

hi guys regarding my refused JR i applied for reconsideration but i was refused straight away within 2 weeks. My solicitor has launched another JR and hope that we will get oral hearing this time. Can anyone please help me and let me know refused JR means end of my long residency period or break in that ?????

Can i fight later if i able to get to 10 years ???? its been 9 years and 1 month at the moment ..

Though i was not given the right of appeal and my JR was refused ... how much time usually one have to put any other application and when section 3C and 3D activates???

Thanks in advance for all the help and support in advance

[gini]

Still waiting for the help so please guide me

[avjones]

There's quite a lot of confusion in your post.

Firstly, judicial review doesn't stop any removal action or anything in itself. The Home Office can remove you legally while your have a judicial review waiting, nothing to stop them. So you not knowing that the JR has been refused on the papers doesn't affect the Home Office in law (although it might in fact stop them coming to arrest you).

You have no "right" to an oral hearing in-country, you can be removed.

Now you have another JR / FLR (O) in nothing changes. They can arrest you and serve you with a certified refusal all in one go.

Your 3C leave stopped accumulating when your FLR (FP) was refused. Getting to 10 years won't help, the clock stopped.

[gini]

Hi so what u suggest, what shall I do now?? Shall I put a new application with the current circumstances that why I can't go back and should be given the visa to stay and also in case some how I got the visa .. Will they accept my 10 year long residency at the end of 10 years though they refused at the first instance and I'm just hoping to be successful this time .. Thanks for the help in advance

[gini]

Hi I am somehow in same situation like you.came in Feb 2007 and looking for ilr in Feb 2017. Lodged a flrfp in May 2015 which was refused in August 2015.. Submitted a JR and started reporting to HO.. JR Was refused .. Asked for reconsideration which was refused 2 weeks back and before refusal of JR HO came looking for me to detain .. Now I have lODGED another JR so I can get oral hearing but all gurus says my 3C is expired and can only reinstate that in case somehow miracle happen n I win this JR though chances are less as they r very strict nowadays .. Hope to get something good so I can challenge this decision of being over stayed after 3C ... Best of luck to you too n keep in touch

[acespace]

Hi I am somehow in same situation like you.came in Feb 2007 and looking for ilr in Feb 2017. Lodged a flrfp in May 2015 which was refused in August 2015.. Submitted a JR and started reporting to HO.. JR Was refused .. Asked for reconsideration which was refused 2 weeks back and before refusal of JR HO came looking for me to detain .. Now I have lODGED another JR so I can get oral hearing but all gurus says my 3C is expired and can only reinstate that in case somehow miracle happen n I win this JR though chances are less as they r very strict nowadays .. Hope to get something good so I can challenge this decision of being over stayed after 3C ... Best of luck to you too n keep in touch

Hi
Sorry to hear about it . Just wanted to ask a few things what was your claim refused and certified under 94 ? Also what was the jr for ? To challenge the decision of refusal or to challenge the certificion of flr fp claim . When did they come to look for you ? After the jr was refused ? If they came to look for you did they took you with them in detention or deport ? Please let me know thanks

[gini]

Hi I put JR as I was not given right of appeal when I got refused my flrfp .,, I was reporting and stopped going as office was closed due to maintenance .. I didn't got the refusal but they came after refusal as they were aware but I was not there. After that I put reconsideration that's why may be they didn't came again and now I have put another JR.. I was given is96 .. What's 94 for?????

[acespace]

Hi I put JR as I was not given right of appeal when I got refused my flrfp .,, I was reporting and stopped going as office was closed due to maintenance .. I didn't got the refusal but they came after refusal as they were aware but I was not there. After that I put reconsideration that's why may be they didn't came again and now I have put another JR.. I was given is96 .. What's 94 for?????

Well a little confusing . S94 is when they certify a claim " unfound" that means they don't consider the claim valid and they refuse it . I got appeal but it's outside uk appeal that's what happens in s94 . Did they detained you? Did you had to arrange bail ? So what are you considering now ? Since your leave isn't counting for Ilr .

[gini]

It was article 8 on the basis of human rights ..

[gini]

They issued as without merit .. No I was not there so they couldn't detained me and in the mean while solicitor put reconsideration .. I have put another JR to get at least hearing as last time I was not even got hearing so in case I win JR then I can challenge over stay invalid thing but chances are less .. Hoping for that

[acespace]

They issued as without merit .. No I was not there so they couldn't detained me and in the mean while solicitor put reconsideration .. I have put another JR to get at least hearing as last time I was not even got hearing so in case I win JR then I can challenge over stay invalid thing but chances are less .. Hoping for that

I hope everything goes fine for you but chances are slim these days for everyone when it comes to flr fp . My friend has been fighting jr for 2 years and he learned one thing once they refuse flr fp and refuse Jr they never give oral hearing or let anyone win jr . My friend did it twice, in my situation I am sending further representation and then send pap . I know it's hopeless but it's my last try . The problem is the time spent waiting for jr isn't counted for Ilr so that's another issue. please update on your situation

[gini]

Hi need a little help .. Regarding documents can we ask home office for the photocopies of my passports all pages including the blank pages too.. Do I have to mention why I need ??

In case it's possible then what's the procedure and how long it takes .. Thanks for the help and support in advance

Does it effect the case in any way ??

[CR001]

It is unlikely that HO will provide you with photocopies. Assuming of course they are hanging onto your passport as your FLR(FP) and JR were refused. What is the reason you need copies for?

[noajthan]

.. Regarding documents can we ask home office for the photocopies of my passports all pages including the blank pages too..

Pro tip: every member should maintain a file of scans and copies of all vital personal and family documents;
- prepare this ahead of time, just in case they are ever needed for future reference.

[gini]

Hi,

Just went through this thread and wants to know where I stand as I have been through so bad times because of one solicitor who ruined it all .. after the refusal of my flrfp application on personal n family life I put JR through the solicitor n it got refused. He put reconsideration n it got refused too n on both instances I didn't got hearing or right of appeal except out of country appeal in flrfp application. After JR refusal I had 28 days to go for court of appeal but solicitor never mentioned that to me n put another JR with my name as in person even though he charged me money for representing me. I was aware of the new JR but wasn't aware that we can't put another JR n also he used my fake signatures to put new one n used my details without mentioning that he is my solicitor. Now I'm waiting for the decision n took my case to another solicitor. He advised that it's an abuse of system to put another JR to waste time n asked me to put new human right application i.e flrfp with updated grounds n also we mentioned about Solicitor for misguiding me. Question is after JR my chain is broken that's for sure but where I stand if home office consider my solicitor mis guidance n will I be able to make my 10 years validity ?? Also thinking to take that JR back as new application is alreaty been submitted. Thanks for help n support in advance

[vinny]

M.