Need Help...

[Purdamit]

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

Hi Obie,
Could you please help me find any reference stating section 3c will be initiated automatically.

[Purdamit]

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.

Hi Sam,
Have you received any update from UKVI regarding the letter you have sent.
What is your solicitor saying about the delay in reconsideration.
Can we not do anything about this delay in reconsideration.

[sam2017]

Hi

Purdamit

Still no Reply from them!!!

Solicitor is not sure about the delay, i discuss this with onther solicitor regurding this i need to travel so need visa,he has diffrent opinion like technically we need to wait for this he also thinking that HO has put this kind of case on aside becuase of pipeline of cases for JR if they dont succed on this kind of cases in JR then can relese this kind of cases.

i am not sure and totally frusted with this,i need to travel ASAP for family issue been without the passport and visa for more then 1 Year Now....

[Purdamit]

Hi

Purdamit

Still no Reply from them!!!

Solicitor is not sure about the delay, i discuss this with onther solicitor regurding this i need to travel so need visa,he has diffrent opinion like technically we need to wait for this he also thinking that HO has put this kind of case on aside becuase of pipeline of cases for JR if they dont succed on this kind of cases in JR then can relese this kind of cases.

i am not sure and totally frusted with this,i need to travel ASAP for family issue been without the passport and visa for more then 1 Year Now....

Hi Sam,
Apart from sending the letter to the caseworker regarding the delay in reconsideration can we not take any legal steps against that? Like sending PAP letter and if they don't reply can we not legally challenge them in court?

[sam2017]

hi

That is the Question!

no one is Providing the answer for this and 3C. everywhere is only Wait.

only argument is that decision 3 months has been finished so cant go in court, now status is reconsideration so decision is not been made yet so we can not go in court without decision from home office.

when we think that what about time limit given and not even any reply from HO !then their is no answer for that.

All the letters we copied to HO solicitors as well

[Purdamit]

hi

That is the Question!

no one is Providing the answer for this and 3C. everywhere is only Wait.

only argument is that decision 3 months has been finished so cant go in court, now status is reconsideration so decision is not been made yet so we can not go in court without decision from home office.

when we think that what about time limit given and not even any reply from HO !then their is no answer for that.

All the letters we copied to HO solicitors as well

Hi Sam,
You are right no one has any idea about section 3c and also regarding reconsideration time lines I think we can send PAP letter or complaint letter to UKVI as they have crossed their SLA.

[sam2017]

i am clue less man and still wondering is thier any more people like me in Situation

[Purdamit]

i am clue less man and still wondering is thier any more people like me in Situation

Hi Sam,
What is your solicitor saying about the next steps of action because of this delay.
Also try calling UKVI on general enquiries number and see what they are going to say.

[sam2017]

Solicitor Saying wait. i think he saying in case of negetive result Judge also see this late response and all of home office.

General enquiry number i called last week they says decision is made so you have to write a letter to sheflied case workers only they can tell you.

thats what i done but stilll WAIT....

[Purdamit]

Solicitor Saying wait. i think he saying in case of negetive result Judge also see this late response and all of home office.

General enquiry number i called last week they says decision is made so you have to write a letter to sheflied case workers only they can tell you.

thats what i done but stilll WAIT....

Hi Sam,
I didn't get your point about decision made and you have to write a letter to case worker.
Have enquiries people not tell you that your application is being reconsidered?

[sam2017]

They don't even take reference number only ask why you calling and then when I say whole story they told me in your refusal decision is already made and now with reconsider department in this you can only write a letter to them.

I feel like I am in home prison now and I am on bail everymonth I have to go to report them....

[sam2017]

Cant believe...

What is point of Reconsideration??

they rejected again Reconsideration after 3.8 months Reason still the same you paid the tax after Refusal letter.

i had already accepted that in PAP that it was my mistake that i did not check my returns and amended immediately after i found in this refusal letter they accepted for reconsideration but not refused with same reason.

please help me...

[Purdamit]

Cant believe...

What is point of Reconsideration??

they rejected again Reconsideration after 3.8 months Reason still the same you paid the tax after Refusal letter.

i had already accepted that in PAP that it was my mistake that i did not check my returns and amended immediately after i found in this refusal letter they accepted for reconsideration but not refused with same reason.

please help me...

Hi Sam,
Sorry to hear about the refusal. This is really rediculous.
On what clauses did they refuse first and on what clauses did they refuse now.
Did they give you any appeal right or just admin review?

[sam2017]

Same to same Clause and Just look Like Copy past of Old Refusal letter as well]

same 322(5) Clause and saying this is not mendetory clause but you did not paid tax and all we are refusing this case.

I mean what is point of Reconsideration if they still stuck with same point...

they havent put Admin review page on refusal letter,Solicitor is going to call them to confirm about the Admin review

and unfortunately i been this country since September-2006 but in 2008 i was out for 6 months and 10 days so they are not counting that as my continuance residency for 10 years.

i am in such situation where got my house and Some investment in uk and now the only option look to me is JR.

Do you think any hope in JR?

[Purdamit]

Hi Sam,
I believe you should be having admin review rights.
Have you spoken with your solicitor and what did he say about this.
If there is no Admin review the step is to send them PAP letter again.

[Purdamit]

Hi Sam,
Also apply for subject access request again if you have already got .I believe there should be a fast track SAR which you can get in 10days.
Hope that SAR will be helpful for next steps and also to prepare documentation to make the case stronger to secure the visa

[Purdamit]

Hi Sam,
Please also mention about the human rights grounds and also about your personal life and investment and house mortgage and also about kids in admin review or PAP which ever is the next stage.

[sam2017]

Can we not Higlighat in Admin Review that Case worker only pointed the issue been raised before?

i did mention my investment,personal life and house and uk ties in Previous Admin Review, and PAP letters that why i think they gone for Reconsideration but dont know why this case worker has ignore this point and stuck with this point.

[monty87]

@ sam2017

Sorry to hear about your refusal however technically speaking HO is correct that you did not pay tax at the time of initial refusal decision which was being reconsidered. Its unfortunate that they have wasted your 3.8 months and given same refusal reason. Ideal situation in your circumstances would have been a 2nd application with documentary evidence of paid tax, HMRC income verification sa302, tax overview and explanation of error which was rectified in 2nd application and then fight in JR if its refused.

In my opinion, if you go for Judicial review now there is not much chance as tax was not paid at initial refusal and Administrative review team is not obliged to consider further evidence which was not in front of original caseworker.

I would suggest speak to your solicitor if you are able to put fresh application and provide enough evidence to fight in court. Factors such as investment, personal life, house, uk ties are not going to strengthen your case. Tier 1 General PBS guide is clear and does not take into account any of the above - there are other visa categories for it.

Be careful, if you apply for human rights application as you could be given out of country appeal right.

Good Luck.

[sam2017]

Hi

Monty

Thanks for your reply

according to my Solicitor if we go in court we can say that this was been paid as soon as we found out.as they have put this 322(5) Clause is very less likley that they will approve this file and at the end you still have to go in Court.

the evidence we can show in court as well that it was mistakenly left and was amended within a week or not in month Judge may also see about 10 years factor in court while making decision and if JR say put new application and if we submit new application then their is much chances to be approve.

well i am still thinking i have atleast week to think

[monty87]

No. Judge will consider the evidence which was infront of caseworker at the original decision. It still remains a fact that tax was not paid when you were refused so HO decision is correct. You are confusing appeal and Judicial review. Judicial Review is mostly concerned with the correctness of the legal matters of a decision only whereas an appeal is mostly concerned with the correctness of the decision itself.

Judge will possibly not take into consideration 10 years factor and will purely base his findings on illegality, procedural irregularity and irrationality of refusal decision under challenge with circumstances in front of HO at the time.

[sam2017]

Thank you Monty for your reply

I see your point seriously I will speak to my solicitor tomorrow with this angel

I am not sure I can submit new application if yes how ? Postal or in person.

Thank again for your reply

[Purdamit]

Hi Sam,
If you want to put a new application you can only post your application and you can't do one day premium service. I believe you should be able to put a new postal Application and proceed with the PAP letter at the same time pls confirm that with your solicitor

[sam2017]

i have Decided to go by JR.

New Application for 2 will cost sure about £4000 and still will have to wait for onther may be 6-10 months and it will prove that the information i gave it was wrong. and now days HO is refusing the even thier is amendemnet before application or decision.

[Purdamit]

Hi Sam,
Second application would cost money but you can write cover letter about the tax issue and also with successful JR you can claim the money for second application