Administrative review or appeal

[AmazonianX]

Hi again,

I finally got my admin review decision today, which was successful.

I am pasting the reply below. But I am still not sure whether this means my ILR can be rejected again. If it goes to the original case worker, who thinks I am not covered by Section 3C I might be rejected again. Would the original case worker see the reply from the Home Office to our MP confirming that I am covered by Section 3C? If not how can I make it visible? Lastly how long can it take for them to reach a decision again? I am in this uncertainty for more than 1 year.

Thanks

Your application for administrative review has succeeded.
I have carefully considered your application for administrative review. I have found that the original decision maker may have made an error when considering your application. I have therefore withdrawn the original decision.

What this means for you.
Your application for leave to remain has been sent back to the original case working team to reconsider. They will make a new decision on your application and tell you the outcome. You will be entitled to apply for a fresh administrative review of the new decision.

Your existing leave and conditions of leave are extended under section 3C of the 1971 Immigration Act while your application is under consideration.

Fee for Your Administrative Review Application
As I found errors in your original decision, the fee for your administrative review application will be refunded.

Further information
The section below sets out the reasons why your administrative review succeeded, and the original decision was withdrawn.

NOTICE OF DECISION
Re: Doctor xxxxxx
Date of decision: 12 October 2020
Our ref: 1212-xxxxxxxxxx

REASONS FOR DECISION
Thank you for your application of 14 September 2020 for an administrative review of your granted application for leave.
I have carefully considered the points that you raised in your administrative review. I have withdrawn the original decision because I have found that the original decision maker may have made an error when considering your application.

The error was that some of the evidence supplied prior to the initial decision in support of your application, was not considered. Therefore, I have sent your Tier 2 Indefinite Leave to Remain application for reconsideration to correct the error and make a new decision on your application.

Congratulations for not relenting and seeking clarification.

[AmazonianX]

Hi again,

I finally got my admin review decision today, which was successful.

I am pasting the reply below. But I am still not sure whether this means my ILR can be rejected again. If it goes to the original case worker, who thinks I am not covered by Section 3C I might be rejected again. Would the original case worker see the reply from the Home Office to our MP confirming that I am covered by Section 3C? If not how can I make it visible? Lastly how long can it take for them to reach a decision again? I am in this uncertainty for more than 1 year.

Am I missing something...was it not the ILR decision that you had AR for and which you have succeeded on?
Even if original CW is still involved in the process it will be a travesty to do anything contrary or adverse to the AR decision and an indictment of gross incompetence on said CW.

Thanks

Your application for administrative review has succeeded.
I have carefully considered your application for administrative review. I have found that the original decision maker may have made an error when considering your application. I have therefore withdrawn the original decision.

What this means for you.
Your application for leave to remain has been sent back to the original case working team to reconsider. They will make a new decision on your application and tell you the outcome. You will be entitled to apply for a fresh administrative review of the new decision.

Your existing leave and conditions of leave are extended under section 3C of the 1971 Immigration Act while your application is under consideration.

Fee for Your Administrative Review Application
As I found errors in your original decision, the fee for your administrative review application will be refunded.

Further information
The section below sets out the reasons why your administrative review succeeded, and the original decision was withdrawn.

NOTICE OF DECISION
Re: Doctor xxxxxx
Date of decision: 12 October 2020
Our ref: 1212-xxxxxxxxxx

REASONS FOR DECISION
Thank you for your application of 14 September 2020 for an administrative review of your granted application for leave.
I have carefully considered the points that you raised in your administrative review. I have withdrawn the original decision because I have found that the original decision maker may have made an error when considering your application.

The error was that some of the evidence supplied prior to the initial decision in support of your application, was not considered. Therefore, I have sent your Tier 2 Indefinite Leave to Remain application for reconsideration to correct the error and make a new decision on your application.

[ozgendeniz83]

Hi.

You are not missing anything. Admin review was for my ILR rejection.

In the rejection letter original CW gave me 2 reasons.
1. I am not covered by Section 3C while my EUSS was pending therefore there is a gap between my Tier 2 expiry and ILR application.
2. Original CW asked me an explanation for this gap and claimed that I never replied back.

In my admin review I provided evidence that I actually replied twice and sent my explanation again. I also challenged the decision that I should be covered by Section 3c

Even though it is great news to have succeeded in admin review. I am worried that the only reason I succeeded is because the CW did not consider my explanation to them. So if CW still thinks I am
Not covered by Section 3C, can I be rejected again?

[AmazonianX]

Hi.

You are not missing anything. Admin review was for my ILR rejection.

In the rejection letter original CW gave me 2 reasons.
1. I am not covered by Section 3C while my EUSS was pending therefore there is a gap between my Tier 2 expiry and ILR application.
2. Original CW asked me an explanation for this gap and claimed that I never replied back.

In my admin review I provided evidence that I actually replied twice and sent my explanation again. I also challenged the decision that I should be covered by Section 3c

Even though it is great news to have succeeded in admin review. I am worried that the only reason I succeeded is because the CW did not consider my explanation to them. So if CW still thinks I am
Not covered by Section 3C, can I be rejected again?

Please pass my apologies to Dr Deniz for this
incorrect advice as she does have permission to work whilst her application
is being considered. As she submitted her settlement application prior to
the expiry of her previous application, she is covered by Section 3C

Going by above reply you got from HO through your MP, I will say the fear you have is unfounded. The fact that your AR succeeded means it is not a matter to just be looked at by CW but by a team and to include supervisor(s), they wouldn't want to bungle things up again. While nothing is a given till you get the result, will say you should be alright.

[seagul]

Therefore, I have sent your Tier 2 Indefinite Leave to Remain application for reconsideration to correct the error and make a new decision on your application.

Most likely you will be awarded with ILR unless the caseworker climbdown at last minute.

[ozgendeniz83]

Thanks for your replies. I do want to be more optimistic. It would be great if I am granted.

But based on my experience with the HO, I can not stop just imagining the worst case scenarios.

Many thanks for sharing your opinions,

[vinny]

Following the successful AR, you don’t have to worry about failing 245HF(j)

The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.

If that was the only ground for the refusal and you satisfy the requirements of 245HF, then they should grant you ILR.

[ozgendeniz83]

Thanks vinny, seagul, AmozonianX for your comments.

Is there any timescale for their decision? If not can I request to hear them within time period? This visa process is going on more than a year and I have a very good job offer in one of the best universities in the UK which needs to start by the end of this year.

Thanks

[ozgendeniz83]

Thanks vinny, seagul, AmozonianX for your comments.

Is there any timescale for their decision? If not can I request to hear them within time period? This visa process is going on more than a year and I have a very good job offer in one of the best universities in the UK which needs to start by the end of this year.

Thanks

[ozgendeniz83]

*within a certain time point.

[seagul]

Thanks vinny, seagul, AmozonianX for your comments.

Is there any timescale for their decision? If not can I request to hear them within time period? This visa process is going on more than a year and I have a very good job offer in one of the best universities in the UK which needs to start by the end of this year.

Thanks

There is no realistic timeline, I m afraid, however, if there is, then it may have been outdated now. Why not you and/or your MP request them in carrying out their reconsideration faster to availed this golden opportunity which could be missed otherwise. Maybe it works otherwise won't cause any harm.

[ozgendeniz83]

Thanks for the suggestion seagul. Taking your advice, I have contacted my MP again and they just asked the Home Office to get a decision within 28 days on my behalf. Hopefully, all will work out and I can get a positive decision very soon.

[ozgendeniz83]

Hi all,

I have just received the below email from UKVI. Is this a standard email or would that mean anything in terms of the decision? I am working with a solicitor but he is doing it voluntarily. Would it help to include his details as my solicitor?

Dear Sir/Madam

Your Tier 2 (General) application dated 20 February 2020 has been passed to the Sheffield Post-Decision Casework team. The Secretary of State for the Home Department has been instructed to reconsider this application. To comply with our General Data Protection Regulation commitments, and to progress your application, please provide the following information;

Your current address, contact telephone/mobile number
If you are legally represented, provide your solicitor or barrister details (firm name/representative name, address, email address, and contact numbers)
Please confirm the address to which you would like the Home Office to send your decision and documents

[seagul]

Hi all,

I have just received the below email from UKVI. Is this a standard email or would that mean anything in terms of the decision? I am working with a solicitor but he is doing it voluntarily. Would it help to include his details as my solicitor?

Dear Sir/Madam

Your Tier 2 (General) application dated 20 February 2020 has been passed to the Sheffield Post-Decision Casework team. The Secretary of State for the Home Department has been instructed to reconsider this application. To comply with our General Data Protection Regulation commitments, and to progress your application, please provide the following information;

Your current address, contact telephone/mobile number
If you are legally represented, provide your solicitor or barrister details (firm name/representative name, address, email address, and contact numbers)
Please confirm the address to which you would like the Home Office to send your decision and documents

Despite it is a generic email but I will still follow the instructions subserviently. Also, as discussed & been evident at several occasions that the involvement of solicitor doesn't influence the decision, therefore, providing their detail or not providing won't make any difference. Unquestionably, it will entirely up to you but one thing is clearly emanating is that some tangible progress is taking place.

[ozgendeniz83]

Thanks seagul for your comment.

I am so desperate that I am trying to get some messages between the lines. Is it normal that my application went to the Secretary of State for the Home Department?

[seagul]

Thanks seagul for your comment.

I am so desperate that I am trying to get some messages between the lines. Is it normal that my application went to the Secretary of State for the Home Department?

All caseworkers work on behalf of secretary of state. Pretty normal. During my time (almost 2 decades ago), I always used to receive all correspondence pacifically marked with the reference of secretary of state which perhaps now getting obscured due to the elimination of paper correspondence.

[ozgendeniz83]

Thanks for the clarification seagul. I should stop overthinking about the every email I get from the HO.

I hope I can update you with some good news, soon.

[seagul]

Thanks for the clarification seagul. I should stop overthinking about the every email I get from the HO.

Correct but respond these accordingly without any delay

I hope I can update you with some good news, soon.

Knock on wood

[ozgendeniz83]

Yes, sent all the information yesterday night, including my solicitor’s.

[ozgendeniz83]

Just to update you...

I got a decision from the Home Office. Despite the email was full of errors (mentioning Tier2 application and returning my passport, which were not applicable for my case), there was a clear statement :

Your application for indefinite leave to remain in the United Kingdom has been approved. You will be sent a Biometric Residence Permit as confirmation of your indefinite leave to remain in the United Kingdom.


Heeyooo!!!

Thank you all for your comments and help.

[vinny]

Congratulations!

[seagul]

Just to update you...

I got a decision from the Home Office. Despite the email was full of errors (mentioning Tier2 application and returning my passport, which were not applicable for my case), there was a clear statement :

Your application for indefinite leave to remain in the United Kingdom has been approved. You will be sent a Biometric Residence Permit as confirmation of your indefinite leave to remain in the United Kingdom.


Heeyooo!!!

Thank you all for your comments and help.

Enormous congratulations from me too

[ozgendeniz83]

Thank you seagul and vinny.

I am so glad that I did not give up challenging their initial decision.

[ajitu92]

Just to update you...

I got a decision from the Home Office. Despite the email was full of errors (mentioning Tier2 application and returning my passport, which were not applicable for my case), there was a clear statement :

Your application for indefinite leave to remain in the United Kingdom has been approved. You will be sent a Biometric Residence Permit as confirmation of your indefinite leave to remain in the United Kingdom.


Heeyooo!!!

Thank you all for your comments and help.

I have silently followed your thread as I found it very interesting...huge congratulations to you! Must be a BIG relief!

[AmazonianX]

Just to update you...

I got a decision from the Home Office. Despite the email was full of errors (mentioning Tier2 application and returning my passport, which were not applicable for my case), there was a clear statement :

Your application for indefinite leave to remain in the United Kingdom has been approved. You will be sent a Biometric Residence Permit as confirmation of your indefinite leave to remain in the United Kingdom.


Heeyooo!!!

Thank you all for your comments and help.

Congratulations to you, you never backed down from the fight till you won. Wishing you bliss.