FLR(O) Discretionary Leave waiting times ..??

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 3:37 pm

[quote="summer2013"][quote="nilemarques"][quote="summer2013"]guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar[/quote]

Hi summer2013. I made one last year,just before I sent in my application. I paid £10.00. I got the info here and I didn't fill in a form.

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/[/quote]

so you can doit without the form?[/quote]

Yeah, that's what I did but things may have changed since the advent of the new rules. But judging by the link,it doesn't appear so.
@summer2013, check inbox!

carrotcake · Post by **carrotcake** » Fri Sep 13, 2013 3:50 pm

ali90 wrote:
carrotcake wrote:@Ali90 - When the HO requested for more documents for your application, what documents did they request for?

They requested for more docs for hubby two weeks ago and again received another letter this week asking for more different docs.

How many times did they send a letter to you?
for my sister they only requested once and then refused

but with me they requested twice so it seem like the caseworker was good person and wanted to make sure he makes the right decision you should be hearing them from them soon about a decision hopefully

@Ali90: Congrats once again and thanks for responding to my question.
We are hoping we get a positive decision soon, solicitor sent off the docs today. Was yours a fresh application and what were you circumstances.

Ours' is British spouse and british child. Fresh application

ale001 · Post by **ale001** » Fri Sep 13, 2013 4:26 pm

Its now One year and 5 months waiting for a decision on my application Flr(o). No British child and No British wife.

The last response i got from them was letter which says ''my application to them looks like am seeking a protection, and i need to choose one from two of their option.

The first Option was: I should go seek Asylum before 8th of August 2013

The second option was: If i did not seek Asylum before 8th of August 2013, they will go ahead and decide my application base on my Article 8 rights only.

But i went for the option two, Article 8 right because i fears they might detain me if i go seek fo Asylum, as they've done that to me two times before in 2005 and in 2007 and i was detained and removed from the UK two different times . That was the reason i went for the option two.

Since then til now, i never hear anything from the UKBA.

What should i do now? Should i withdraw my application?

because its now One year and Five Months.

mj8 · Post by **mj8** » Fri Sep 13, 2013 4:41 pm

Hello every1, congrats to all those who have received good news and more strength to those who haven't and those who are still waiting. So i need your help on my next course of action, got a refusal letter today. HO says despite the fact that I'm married to a British citizen & been in the UK for 11 yrs, they don't believe I have no ties to my home country & my wife and I can continue our r/ship over there, even though all her family is here. We have no kids so couldn't use that route. They also said since I'm an overstayer, @ the time of marriage, all parties were aware that right to live here wasn't guaranteed. They said while they accept the marriage is genuine and subsisting, I haven't produced any evidence of insurmountable obstacles to continuing family life outside of the UK. Then all the usual stuff about no right to appeal and enforcement team etc. So I need to know what I can do. My solicitor says we should send a "letter of action", which would take 3 months for them to reply, to buy time bcos new minor changes are coming through in October and we may be able to do something depending on what those changes are. She also says I shouldn't contact the enforcement team. So what do u guys think? What constitutes "insurmountable obstacles"? Has any1 tried this letter of action option before? And what do I do about the enforcement team?

Applied Flro aug 2012
Biometrics in feb 2013
Decision sept 2013

Many thanks

sanuba.mua · Post by **sanuba.mua** » Fri Sep 13, 2013 5:05 pm

I have been following the page for quite sometimes but never posted. However we made a fresh application in January on behalf of my sister who has completed 7 years and is under 16 years.

Application Made : 10th January 2013
Biometric Letter recieved : 20th March 2013
Biometric Done: 20th March 2013
Results : Still waiting

However a law programme comes on SKY 806 every Thursday at 1pm , the solictor said whoever gets either 2 & 1/2 years or 3 years discretionary leave they should challenge the Home Office. Hopefully we will be doing the same!

Kept calling the solictior of ours, all he says is to wait patiently

Everyday I run to check the mail or answer calls hoping its from the solicitors.

Hope everyone waiting hears good news from the Home Office & also that next week our wait is over!

I am planning to go into immigration as soon as I am granted the leave so that I can help people free of charge Inshallah

as I have faced lots of problem and I dont want others to suffer.

Thank you

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 5:05 pm

[quote="mj8"]Hello every1, congrats to all those who have received good news and more strength to those who haven't and those who are still waiting. So i need your help on my next course of action, got a refusal letter today. HO says despite the fact that I'm married to a British citizen & been in the UK for 11 yrs, they don't believe I have no ties to my home country & my wife and I can continue our r/ship over there, even though all her family is here. We have no kids so couldn't use that route. They also said since I'm an overstayer, @ the time of marriage, all parties were aware that right to live here wasn't guaranteed. They said while they accept the marriage is genuine and subsisting, I haven't produced any evidence of insurmountable obstacles to continuing family life outside of the UK. Then all the usual stuff about no right to appeal and enforcement team etc. So I need to know what I can do. My solicitor says we should send a "letter of action", which would take 3 months for them to reply, to buy time bcos new minor changes are coming through in October and we may be able to do something depending on what those changes are. She also says I shouldn't contact the enforcement team. So what do u guys think? What constitutes "insurmountable obstacles"? Has any1 tried this letter of action option before? And what do I do about the enforcement team?

Applied Flro aug 2012
Biometrics in feb 2013
Decision sept 2013

Many thanks[/quote]

Hi mj8. Sorry to hear that you're application has been turned down, God give you strength at this hour of need.

What your legal rep means is a Pre-Action Protocol,PAP for short. Your rep intends to seek a Judicial Review and to do that you need to send a 'letter before claim' to the HO to inform them that,that is your intention.

In 'insurmountable obstacles' the HO feel that you and you're spouse can go and start another life in you're native country as they feel that you haven't got things like kids (they're still refusing some with kids), maybe strong ties with this country. Maybe others can help with the explanation. But in short, it's like they are saying you don't have anything special here for you to remain and not go with your spouse.

As for contacting the enforcement team ( really depends on what advice you get from you're solicitor), there are some pros and cons.
By not them contacting,you face the risk of being detained before your PAP or JR goes through ,if you're unlucky to be caught. I contacted them to request them to give me removal directions as I said I was not going to leave voluntarily,which generates a right of appeal. I also wrote to the decision maker to request him to reconsider before I start judicial action. Hope this helps.

hatchsead · Post by **hatchsead** » Fri Sep 13, 2013 5:51 pm

summer2013 wrote:
nilemarques wrote:
summer2013 wrote:guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar
Hi summer2013. I made one last year,just before I sent in my application. I paid £10.00. I got the info here and I didn't fill in a form.

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/
so you can doit without the form?

@summer2013, as i mentioned earlier - the £10 and possibly a letter stating its a SAR request.

mj8 · Post by **mj8** » Fri Sep 13, 2013 6:00 pm

Thank you nilemarques. I was wondering, this PAP letter, can I write one myself and if so, how do I go about doing it? Or is it best to let the solicitor do her thing? Also, what sort of things are insurmountable obstacles? If I haven't been home in 11yrs, haven't seen any member of my family & have no friends over there, I wonder what HO expect me to go back to

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 6:56 pm

[quote="mj8"]Thank you nilemarques. I was wondering, this PAP letter, can I write one myself and if so, how do I go about doing it? Or is it best to let the solicitor do her thing? Also, what sort of things are insurmountable obstacles? If I haven't been home in 11yrs, haven't seen any member of my family & have no friends over there, I wonder what HO expect me to go back to[/quote]

Hi mj8. I have heard of people who have written their own PAP. I guess it all depends on your knowledge of the immigration rules and law,your finances(if lawyer is doing it) and also how good you are to be able to construct the letter.I remember one of the good guys posted a link here before on this forum, but for your benefit,have a look at the links below:

http://www.justice.gov.uk/courts/proced ... l/prot_jrv

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.

As far as insurmountable obstacles are concerned,have a look at this link. It may shed some light:

http://ukhumanrightsblog.com/2013/02/04 ... more-17089

mj8 · Post by **mj8** » Fri Sep 13, 2013 7:10 pm

Thank you nilemarques, you've been a great help.

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 7:23 pm

[quote="mj8"]Thank you nilemarques, you've been a great help.[/quote]

No problem. Verbina also linked this one for me. Have a look:

http://www.freemovement.org.uk/2011/02/ ... or-appeal/

and also:

http://www.freemovement.org.uk/2011/02/ ... revisited/

GodGives · Post by **GodGives** » Fri Sep 13, 2013 7:28 pm

ale001 wrote:Its now One year and 5 months waiting for a decision on my application Flr(o). No British child and No British wife.

The last response i got from them was letter which says ''my application to them looks like am seeking a protection, and i need to choose one from two of their option.

The first Option was: I should go seek Asylum before 8th of August 2013

The second option was: If i did not seek Asylum before 8th of August 2013, they will go ahead and decide my application base on my Article 8 rights only.

But i went for the option two, Article 8 right because i fears they might detain me if i go seek fo Asylum, as they've done that to me two times before in 2005 and in 2007 and i was detained and removed from the UK two different times . That was the reason i went for the option two.

Since then til now, i never hear anything from the UKBA.

What should i do now? Should i withdraw my application?

because its now One year and Five Months.

contact your mp for assistance

ale001 · Post by **ale001** » Fri Sep 13, 2013 7:30 pm

GodGives wrote:
ale001 wrote:Its now One year and 5 months waiting for a decision on my application Flr(o). No British child and No British wife.

The last response i got from them was letter which says ''my application to them looks like am seeking a protection, and i need to choose one from two of their option.

The first Option was: I should go seek Asylum before 8th of August 2013

The second option was: If i did not seek Asylum before 8th of August 2013, they will go ahead and decide my application base on my Article 8 rights only.

But i went for the option two, Article 8 right because i fears they might detain me if i go seek fo Asylum, as they've done that to me two times before in 2005 and in 2007 and i was detained and removed from the UK two different times . That was the reason i went for the option two.

Since then til now, i never hear anything from the UKBA.

What should i do now? Should i withdraw my application?

because its now One year and Five Months.

contact your mp for assistance

My MP is not even respond anymore.

I have sent an email to the Home Secretary ''Theresa May'' today

summer2013 · Post by **summer2013** » Fri Sep 13, 2013 7:39 pm

hatchsead wrote:
summer2013 wrote:
nilemarques wrote:
summer2013 wrote:guys has anyone requested SAR file before?

i want to do it but not sure if this is the right form to use
http://www.ukba.homeoffice.gov.uk/sitec ... boutus/sar
Hi summer2013. I made one last year,just before I sent in my application. I paid £10.00. I got the info here and I didn't fill in a form.

http://www.ukba.homeoffice.gov.uk/navig ... onal-data/
so you can doit without the form?
@summer2013, as i mentioned earlier - the £10 and possibly a letter stating its a SAR request.

hatchsead thaks a lot for your help!

nilemarques · Post by **nilemarques** » Fri Sep 13, 2013 8:20 pm

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Believe2013 · Post by **Believe2013** » Fri Sep 13, 2013 9:19 pm

nilemarques wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This is a great find Nile. For most people applying via flr(o) route this is a must read. Thanks you so much.

shareen24h · Post by **shareen24h** » Fri Sep 13, 2013 11:31 pm

[quote="nilemarques"]http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary[/quote]

Hi Nile

Thank you for make this easy for everybody.

tinapalak · Post by **tinapalak** » Sat Sep 14, 2013 12:38 am

Bad news, my application was refuesed today after 11 months of waiting with no right of appeal . Can't understand what is going on with this 7 years rules and why they are doing this with us . I am very upset today.can't decide what to do next?

yummymummy3j · Post by **yummymummy3j** » Sat Sep 14, 2013 1:01 am

@tinapalak am so sorry to hear abt yr refusal..... take a deep breath , its not the end , it means the fight continues with the ho until you get what you want from them....it is well with you

Call me dude · Post by **Call me dude** » Sat Sep 14, 2013 7:09 am

tinapalak wrote:Bad news, my application was refuesed today after 11 months of waiting with no right of appeal . Can't understand what is going on with this 7 years rules and why they are doing this with us . I am very upset today.can't decide what to do next?

Hi tinapalak,sorry about your refusal...don't give up the fight.

nilemarques · Post by **nilemarques** » Sat Sep 14, 2013 7:14 am

[quote="yummymummy3j"]@tinapalak am so sorry to hear abt yr refusal..... take a deep breath , its not the end , it means the fight continues with the ho until you get what you want from them....it is well with you[/quote]

@tinapalak. I'm sorry to hear that your application has been refused. Now you need to keep your mind clear to enable yourself to think straight! I know how disheartening it is coz we're in th same boat with probably the same circumstances. It's not the end as yummymummy said. Fight it all the way! Good luck!

Kukuwife · Post by **Kukuwife** » Sat Sep 14, 2013 7:25 am

tinapalak wrote:Bad news, my application was refuesed today after 11 months of waiting with no right of appeal . Can't understand what is going on with this 7 years rules and why they are doing this with us . I am very upset today.can't decide what to do next?

So sorry about the refusal. The Lord is your strength. He will guide you on what step to take.

Kukuwife · Post by **Kukuwife** » Sat Sep 14, 2013 7:39 am

nilemarques wrote:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks for the sort version of the idi

tei123 · Post by **tei123** » Sat Sep 14, 2013 8:45 am

sorry to here abt ur refusal tinapalak,i pray God direct u in the right path so whatever line of action u take be positive news,we seem to have the same timeline

Time503 · Post by **Time503** » Sat Sep 14, 2013 9:10 am

tinapalak wrote:Bad news, my application was refuesed today after 11 months of waiting with no right of appeal . Can't understand what is going on with this 7 years rules and why they are doing this with us . I am very upset today.can't decide what to do next?

Hi please be strong and remember its a fight fight case until you get the victory!

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