what to do if decision letter on applicat. never been sent

[sabish]

Hi everyone

I am seeking for your help and advise for my current situation with my visa and leave to remain in the UK. I will try to tell you my story briefly. On December 6, 2012 I have applied for Tier 2 general visa. I paid for my application and in January submitted my biometrics. Since then I havent heard back from the Home office (HO) with regard to my visa status. Until last week when I got sms from the HO on July 8 ,2013 saying to call them and to discuss my case. Next day on July 9, 2013 I also received letter by post from Capita Business Services informing me that I may not have right to leave to remain in the UK and advised to call the same number in the HO. When I called the Capita Business Services/ HO, they told me that decision on my application has been made in February and the letter of decision has been sent to me in the same month. When I told them I havent received neither this letter nor my original travel and other documents I sent along with my application they advised me to call the Immigration bureau. I called this Immigration bureau and the operator told me that indeed the decision on my case has been made in February however the system shows that the letter of decision has not been sent to me and they dont know why. They advised me to write letter and email to Capita Business Services and investigate my case. I did what they requested and sent both email and postal letter to Capita Business Services on July 10 but I havent received any response from them confirming they received my letter. Instead today I received one more letter ( kind of humiliating) from the Capita saying they tried to contact me several times by phone and letter (so far they have only sent me one sms and one letter) and all negative implications of overstay in the UK.

I have been calling Capita Business Services 6 times already this and last weeks and the only thing they tell to call Immigration bureau and warn me about implications of overstay, though I am trying to explain them that I am not overstayer and I am still waiting for the letter of decision and no one in the immigration bureu knows where is it , and why it has not been sent out to me and where are my travel documents. People in Immigration Bureau after several attempts to reach them told me that they will investigate my case and wil let me know on the outcome. On my question when to expect this outcome and what I have to do while I am waiting to hear back from them they couldn't advice me anything.

Meanwhile I am very concerned and worried now fistful about my legal status in the country and my original documents
I will kindly appreciate if you can advise me on this case

Thank you very much for your help in advance

[sublime688]

Please, you have to act now to avoid the UKBA to mess you up. You have rights under the law to have a written decision sent to you, and if it is a refusal, then to exercise your right of appeal. I presume when you made your application, you had leave to remain, and if that is the case, then you should have had the right of appeal if they had sent your decision letter in February, you would have appealed it or put in a fresh application or do whatever would have been necessary.

The home Office failed to carry out their legal duty to inform you in writing. Put in a judicial review pre-action protocol letter as soon as tomorrow and send it off to the Judicial Review unit. Challaenge them to send you out a new decision letter because you did not receive any decision letter from them as they themselves confirms. I hope you kept the name of the person you spoke to when you phoned. If not, it doesn't matter.

You have a strong case against them and I beleive they will issue you with a new deccision letter for you to start all over again. If they dont issue one after the pre action letter, go ahead with the jusicial review if you can afford it. However, I beleive they will react with a new decision after the pre-action letter. Good luck with that my friend

[sabish]

Sublime688 Thanks a lot for your reply and advise. It is indeed very helpful and supportive, especially now this support is very handy. I will proceed with pre action protocol letter tomorow, thank you

[peppekalle]

Ask them to send you a decision and your documents.Pray they haven't lost them.You may need to seek legal help if the delay continues.