Post
by 123uk » Fri Aug 04, 2017 8:41 am
Thanks CR001. But I think you misread the word reply by apply, yes its a Reply ( response ) to why should stay in UK.
anyway after a deep research I think it can be done by a non application form & fee. ( still I mite be wrong ). and thought I post this in here for a benefit.
3.9 Non-protection human rights cases Further submissions made on ECHR Article 3 (medical) or Article 8 family or private life grounds following the refusal or withdrawal of an earlier application and the conclusion of any appeal must normally be submitted as a valid application to UK Visas and Immigration (UKVI) Temporary Migration unless they are made in the context of deportation. Further submissions in non-deportation cases can be submitted by post to the address on the application form or in person at a Premium Service Centre by way of a valid application on:
the FLR(FP) form on the basis of family and private life
the FLR(O) form on the basis of medical grounds
The circumstances in which the requirement to submit a valid application will not be applied are set out in paragraph 276A0 of the Immigration Rules and in paragraph GEN 1.9 of Appendix FM of those Rules. In cases where the exemptions do not apply and a valid application is not made, caseworkers can consider whether to reject the request to consider further submissions and advise the claimant that they should make a valid application.
Alternatively, where further submissions are submitted, for example in response to a Section 120 notice by way of a statement without a valid application, caseworkers can deal with such claims under paragraph 353 and either grant leave (if appropriate) or enable enforcement action to be taken against those who submit such claims to frustrate removal.
In criminal deportation cases where Article 8 issues are raised, caseworkers must consider whether the family and private life rules in Part 13 are met. See Criminality guidance for Article 8 ECHR cases.
3.10 Cases managed by Immigration Enforcement Removals Casework (RC) or the National Removals Command (NRC) are responsible for non-asylum cases that raise further submissions on human rights grounds not related to protection at the removals stage, except in most deportation cases. Individuals subject to removal (rather than deportation) are not able to circumvent the need for a valid application accompanied by the appropriate fee unless the exemptions in Gen 1.9 of Appendix FM apply. If further submissions are received, RC and NRC should liaise with Temporary Migration to ensure that the submissions are considered promptly.
Further submissions that are managed by Criminal Casework (CC) and Special Cases Unit (SCU) at the removals or deportation stage should be considered in consultation with temporary migration or asylum as appropriate so that unfounded further submissions do not end up delaying the removals or deportation process.
