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[sam2017]

Is thier any Time limit for HO?????

looks like they are overburden with EU Applicants or they dont bother any times!!!!!

i had applied In person in last year january, my application was kept for further checks and after 5 months they refused the application with tax issue.

so i checked over again my hmrc and find my error as intial tax returns were filled by me thier was tax discrepancy because of two calender years.

i was given all kind of letter but no appeal right and only admin review option.

i hired Accountant who corrected my mistake and i did mange to amend my tax return in weeks time before my admin review result come and informed the HO about that as well as i am hoping that i dont have any chance in Admin Reviw it got rejected in End of July, more over i have to go for every month signon they think us that we will disapper from here.

we have Three months to go for JR. we sent PAP in October first week and mid October about last day of the 15 days time frame They replied HO is Agreed to Reconsider the my case and will get back to me 3 months of time if the Result will not be able to come they will reply as well.

now Nearly 4 Months of this Thier is still no Reply from HO only hearing from everywhere just WAIT....

i cant understand what is going on i am out of work since July if this is lose for me then is also for GOV as well if we not allowed to work we dont pay any tax,

guys was earning quite good before this result and had some savings but out of work for 7 months imagine how to run the house and dependents. with this cost of solicitor fees and all i spend my 10 years here in this country and now facing this things.

Is HO as any time limit or they dont bother any thing?? i have seen so many cases to be finished within 3 months of this reconsideration letters but dont know why mine has taken this much time although letter is clearly saying will let you within 3 months even if we cant make decision.

This Process has taken more then year now and cant find any outcome of it.

[Purdamit]

Hi,
I believe you should be having right to work as your application is being reconsidered. Please Right to the case worker as it has already been 4 months after UKVI has agreed for reconsideration.

[sam2017]

Thanks for the Reply.

As per i know and found by Solicitors, Work is still not allowed in reconsideration.

i had sent them letter about 15 days ago that 3 months had passed but still no reply from them...

[Purdamit]

Hi,
Not sure which solicitor told you that you haven't got the right to work but please try to get ECS check done by employer so that you can know whether you have the right to work or not. As your application is an in time Application before refusal and it is being reconsidered now your section 3c should automatically be reinitiated as per law.
Please check with your solicitor on this.
As the time lines have crossed to give the decision speak with your solicitor on whether you can send a PAP again as they have not given the decision in the agreed time line.

[sam2017]

I Will confirm again with my solicitor about 3C while reconsideration.

For me this is very complicated Situation, we can not go for PAP again for Court as HO might say in court that they are still doing investigation.

I am not sure what kind of investigation is going on by HO I am sure if they ring HMRC in 5 mins HMRC can confirm the amendments and all.

Now in next week 4 months will passed.

[Purdamit]

Hi ,
I am sure about the section 3c and you are entitled to work now. Hi agreed to the time lines for reconsideration and there should be a way to question HO on this that is sending them PAP or raising a complaint using the complaints procedure. Please speak with your solicitor on this.
What is your solicitor saying about the case.

[sam2017]

Ok

I have seen other cases where work is only allowed after home office sent letter.

And my solicitor is saying we need to wait for one month more since we sent letter to them not to send any complaints or other letter atleast 3.5 months.

I have only consulted him since my application and that is what he is advising me to wait for somemore time.

[Purdamit]

Hi,
Which solicitor is dealing your case can I please ask and also can I have your email or phone number to contact you

[CR001]

Hi,
Which solicitor is dealing your case can I please ask and also can I have your email or phone number to contact you

Strongly suggest you re-read the forum T&Cs - See READ ME. Solicitor details are not permitted to be posted and neither are personal contact details.

[sam2017]

Hi

I am wondering if I call hmrc can they inform us has home office or anyone else done tax inquiry ?

I am going to call home office complaints department today

When i go for signing they don't tell anything...
I am only hoping if I go for jr now I will take onther 6 months

So hoping this reconsider gets positive

[Purdamit]

Hi Sam,
You don't need to go for JR to get the reconsideration even in PAP if the HO agrees for reconsideration your right to work which is section 3c should be automatically be reinitiated. Please confirm that with your solicitor.

[sam2017]

hi

i have found about 3c is not allowed while reconsideration as when they accept for reconsideration my visa was finished.

check Page -16


https://www.gov.uk/government/uploads/s ... s_v9_0.pdf

[sam2017]

More over i called HMRC about ! when was tax inquire was done !!

they gave me other number to call to find out i called that number but is closed today.

only reason i am trying to check this whether actually home office is waiting from HMRC to confirm anything or this file is on hold because of overburden or Laziness of Home office.

[sam2017]

Hi

Gurus can you advise any way for this reconsideration??

can we go for PAP again? is possible to sent ?

[Purdamit]

Hi Sam,
1)HO has agreed for reconsideration when you send them the pre action protocol which is a letter before the Judicial Review claim and when HO agrees to reconsider your application after the PAP then your section 3c should be initiated.
2)The link you have provided has information related to reconsideration but that is a separate process of asking HO for the application decision to be reconsidered.
Point 1 is your case and you have challenged the Hi decision and sent a PAP letter before JR Claim.
Point 2 is requesting HO for reconsideration of application again.
Please confirm with your solicitor.
Guru's please correct me if I am wrong on the above.

[sam2017]

Hi

Puradamit

I got your point but still HO hasn't confirmed about 3c

Even when I go for sign on every month they are not clearing this to me.

Today 4 months has finished no reply from HO.

I am still wondering where is this application? Not even single reply from them!

[monty87]

Hi

Puradamit

I got your point but still HO hasn't confirmed about 3c

Even when I go for sign on every month they are not clearing this to me.

Today 4 months has finished no reply from HO.

I am still wondering where is this application? Not even single reply from them!

If you made an intime application for ILR and home office has agreed to reconsider their refusal decision, you are technically protected under your 3C leave as it would imply that you have never been refused before so 3c should continue.

Your solicitor should write to GLD why reconsideration decision has not been made yet and right to work. I suspect if you had amendments and HO require further investigation with HMRC, this could be the cause of delay. Sign on team will not be able to inform of your working rights you as their records are relying on HO.

[sam2017]

hi

Thanks For the Reply.

well yes i will speak to Solicitor again about 3C again. unfortunately HO never reply. we sent them letter about 3 months 27 days before no Reply from them yet.

when you say they checking with HMRC what it could be i have provided them the copies of everything.

to be honest if they call to HMRC they should have confirm everything over the phone and if they have requested this via post they should got that as well.

[sam2017]

Well
My solicitor has now sent letter to GLD about this delay and requested to clarify about 3c.

I still no sure when will I get reply from ho. According to him this dealy are not good for HO if we go for JR incase of negative result.

Let's WAIT again....

[Purdamit]

Hi Sam,
Did your solicitor send the letter to HO or GLD ? About the delay in reconsideration and also about section 3c.

[sam2017]

Hi

Puradamit

Yes has mentioned about the Delay in Reconsideration and to confirm the 3C.

he is still not advising me that can work again, this is same my Employer is still waiting for me if i can join them back.

i called HO about this delay well they advise me sent a letter to Sheffield caseworker they can only be contacted via Mail not via phone.

Do you think HO put this kind of cases on hold until this Br exit decision next month.

[Purdamit]

Hi Sam,
Can you not ask your employer to do the ECS Check now that way you can check whether you have right to work or not and HO normally do not send any letters regarding the section 3c.
Also write a letter to the caseworker explaining the whole scenario and ask him to re initiate your right to work

[sam2017]

Update here

i have Called HMRC last week to check my record about my Update and to get SA302 or Tax calculation.

They sent me the SA302s but this was not showing the amendments i have done. i know that they dont update the SA302 but give you tax calculation letter or so but i did not received that although i mention to them i need the tax calculations as well.

so i called back them yesterday to find out.Well same number i called and to find out about the total income figure for those years, surprisingly she was able to confirm that adjustment has been done but i can not provide letter to this!!!!

well i asked her i have paid what ever been outstanding i also had letter from HMRC as well this has been amended.

so put me on hold for 10 mins and someone else came to phone and advise that this amendment was done by Different department so we can not give any letter for that i was surprised and asked her what department can i get name for them? she advised me we cannot give name.

but she sure me that this amendment i can see but cant provide letter she will send note to them to provide me letter or advise further and took my Phone number.

well i am wondering this is could be the reason for delay in reconsideration !!!!

[Obie]

You lawyer don't need Home office to confirm or give section 3C rights. The statute automatically grants you that right once the qualifying criteria are met

[sam2017]

Hi

Obie

Thanks for that, 3C should come automatically i cant find about this to Reconsideration.

Normally Home Office write about 3C when they issue reconsideration letter so i cant find this anywhere 3C automatically start after reconsideration.

since even after 4 months of reconsideration they havent come back.