CLARIFICATIONS ON POILCY DOCUMENT (Pankina Jugements) HELP

[hsidhu]

BACKGROUND: Applied in country for leave to remain under Tier 1 of the Points Based System 'transitional arrangement" of Post Study Work visa from 1 to 2 years on 4/12/2008. The application got rejected in Jan 2009 which followed a dismissal of appeal in May 2009, leading to voluntary departure from UK.

Following the Pankina Judgments & reading the new policy document I understand that I could possibly take advantage of the proposed remedies as
-My application was made in country prior to 22 July 2010 and got rejected on maintenance funds only
-I have left UK and
-The bank statements with the the application can also demonstrate I held the required level of funds (800 GBP) at the closing balance on any one day during the one month period prior to the date of application.
However I have the following questions:

1. Are transitional arrangement applications also eligible?

2. I left the UK following the dismissal of an appeal not just the rejection of visa application....Does this provision apply only to people who left the country without making an appeal ?? I have this query because there r guidelines mentioned for applicants who left UK following the refusal of an application OR for applicants who have an outstanding appeal. Is there eligibility for applicants who left the UK not just following the refusal of an application but also had their appeal dismissed??

3. Is 22 june 2011 the last date for submisson of application or the date by which the decision has to reach back?

[geriatrix]

1. Should be, since the policy applies to any PBS application submitted within the defined timeframe(s).
2. Paragraphs 26-30 should apply.
3. Ensure that your request reaches UKBA at the specified address on/before 22-Jun-11.

[hsidhu]

Thank you for the reply.

Can you please elaborate a little on 'specified time frame(s)'?

[hsidhu]

I sent the application on 19th may which reached UKBA on 23rd may.

PBS (AP & Others) Employment Routes Workflow Team UK Border Agency PO Box 3468 Sheffield S3 8WA

Does anyone know a contact number so I can call to check the status of this application???

[plshelp]

I sent the application on 19th may which reached UKBA on 23rd may.

PBS (AP & Others) Employment Routes Workflow Team UK Border Agency PO Box 3468 Sheffield S3 8WA

Does anyone know a contact number so I can call to check the status of this application???

I'm in the same boat as you except waiting for much longer than I care to note here. You can call the general enquiries number 0870 606 7766 but they'll only tell you that they can't give you any further information about the status because its a reconsideration....or at least that's what they told me anyway.

PS: don't worry about the deadline. If they received your application before the deadline then they have an obligation to consider it. But it doesn't mean you can expect to hear from them by then either...

[hsidhu]

Thank you for the reply 'plshelp'...

may i ask what date your reconsideration application reached the office so I can have a general idea as to how long I shall be waiting for a reply from them too...

Thank you

[chr007]

I'm still waiting for a response from them as well.

Posted all the requested docs on Feb 10th which they received on Feb 14th but till now nothing.

Is there anything that can be done to know what's happening? Thanks.

[plshelp]

[quote="hsidhu"]Thank you for the reply 'plshelp'...

may i ask what date your reconsideration application reached the office so I can have a general idea as to how long I shall be waiting for a reply from them too...

Thank you[/quote]

I sent my docs at the end of Jan and am still waiting. Some people have received theirs much earlier than mine so I'm reluctant to encourage you to use my circumstances as a guideline.

[chr007]

Thank you for the reply 'plshelp'...

may i ask what date your reconsideration application reached the office so I can have a general idea as to how long I shall be waiting for a reply from them too...

Thank you

I sent my docs at the end of Jan and am still waiting. Some people have received theirs much earlier than mine so I'm reluctant to encourage you to use my circumstances as a guideline.

So should we keep on waiting or shall we send another letter asking for an update regarding our case?

[plshelp]

[quote="chr007"][quote="plshelp"][quote="hsidhu"]Thank you for the reply 'plshelp'...

may i ask what date your reconsideration application reached the office so I can have a general idea as to how long I shall be waiting for a reply from them too...

Thank you[/quote]

I sent my docs at the end of Jan and am still waiting. Some people have received theirs much earlier than mine so I'm reluctant to encourage you to use my circumstances as a guideline.[/quote]

So should we keep on waiting or shall we send another letter asking for an update regarding our case?[/quote]

IMO - nothing ventured nothing gained. You have nothing to lose by requesting an update...

[chr007]

Sent another letter today requesting for an update.

Hope i get a positive response very soon.

[chr007]

Hi Guys, got a reply from the home office. Please see mail below:

Dear Mr Naidu

I refer to your representations of 09 February 2011. I would like to
apologise for the delay in responding to you.

Following the decision of the Court of Appeal in Secretary of State for
the Home Department v Pankina [2010] EWCA Civ 719 (known as the Pankina
judgment), we have reviewed the refusal of your application made in the
UK and can confirm that, pending mandatory checks, you qualify to be
granted leave under the judgment.

As you have left the UK and now wish to resume your stay in the UK, we
have put in place a process to facilitate your re-entry.

To reinstate your leave to remain you will need to apply, free of
charge, for a Single Entry Visa (normally used for facilitating entry of
migrants who have lost or had stolen their BRP). The Single Entry Visa
is only valid for a month and grants the holder a single entry to the UK
but does not confer any other conditions. You will also have to supply
biometrics so that mandatory checks can be made before you re-enter.

You will need to apply to a visa application centre
<http://www.ukvisas.gov.uk/en/howtoapply/wheretoapply/> for a Single
Entry BRP Visa. You can do this by completing a VAF9 visa application
form <http://www.ukvisas.gov.uk/en/howtoapply/vafs/> or you can apply
online. Please note that in section 7 of the application form you will
need to state that you are applying under the Pankina judgment, and if
you apply online under Purpose of Application select 'Others', and under
Type of Application select 'Biometric Residence Permit'.

More details on the application process, online applications and the
VAF9 application form are available on our website at www.ukvisas.gov.uk


Once you have entered the UK on the Single Entry Visa you will then need
to submit the following documents to the UK Border Agency within one
month:

* Your original and current passport & two new passport sized
photographs;

Please note that photographs must be in accordance with the guidance
contained on our website at www.ukba.homeoffice.gov.uk and not more than
one month old.

The above documents, along with your UK contact details, should be sent
at the earliest opportunity to the following address:

HST 9 (AP & Others)
UK Border Agency
PO Box 3468
Sheffield
S3 8WA

Any delay in sending these documents will prevent your passport being
endorsed with further leave to remain and you will not have any
permission to remain in the UK.

Your documents will be returned by First Class Recorded Delivery.
However, if you would prefer them to be returned by Special Delivery,
please supply a pre-paid Special Delivery envelope.


Yours sincerely


Tier 1 / HST 9
UK Border Agency
North East, Yorkshire & Humber Region
PO Box 3468
Sheffield
S3 8WA

Phone - 0870 606 7766
Fax - 0114 207 2944
www.ukba.homeoffice.gov.uk/neyh

Has anyone got a similar response?

Please advise.

Thanks a lot.

[hsidhu]

To 'chr007' and 'plshelp'...

My application for re-consideration reached on 23rd may 2011 and I still haven't received any reply...

Chr007 - I have a few questions for you so please reply as I am in desperate need.

1. What date did you make this application and what date did you get a reply? I am trying to figure out an approximate time for a reply ....btw I am glad you finally got a reply
2. Is this rpely by email first?
3. Did you get the single entry visa and if so did you have to show any savings in a bank account or any other sort for getting teh visa?

plshelp? what about you? have you received any replies yet?