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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Firstly, applied (after 5 years of WP and Tier

Customer Question

Hi
Firstly, applied for ILR (after 5 years of WP and Tier 1 combination) in Nov 2012 but got refused in Nov 2013 and then I appealed against HO decision but it was again refused by the judge in First Tier Tribunal and then I appealed for Upper Tribunal but it again was not successful. Thereafter, Instead of judicial review I filed fresh ILR application in Nov 2014 on the basis of long residency of 10 years but it has got refused on 06 Jan 2015. Moreover, home office sent me a letter saying I am liable to be detained and have to report to the specified home office address plus should not work or associate with any business activity.
My question is - can I go for judicial review as decision by the judge was totally wrong and they have put some deception charges on me saying company I worked in 2009 was a fraud company but they have not got anything against me...I cant understand how can they put some allegation on somebody without proof. How much time frame I have got and what can I do to show my innocence....Please advise. Its urgent.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Please

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Are you referring to Judicially reviewing your appeal in the first instance or the decision you have recently received?
Kind regards
Customer: replied 2 years ago.

Sorry I have not got the answer for the question I asked above.Can I go for judicial review and what is time frame I have got? What do I need to do with the letter I have received from HO saying I m liable to be detained.

As my application on human rights have been refused and also got the letter saying liable to be detained. ...please read my earlier question where I hve summarised history of my case.

Regards

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. You are unable to Judicially review the previous decision made by the judge, this is due to the fact that you only have 3 months from the date the decision is made to have it judicially reviewed. Secondly you have now submitted a new application and provided it has not been more than 3 months, you can judicially review the most recent refusal from the home office.
2. The letter has basically left you with no option but to judicially review the recent home office decision. If the refusal states elements of detention then unless you get these off your record by judicially reviewing the refusal you will have no option but to return to your home country and you will not be allowed to return to the UK for 10 years. So in this case you should judicially review the decision.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.
I hope this answers your question, if so, please provide a rating so I can get credited for my time.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi

As per above, my recent application was rejected on 6th January 2015 and per your advise I have got 3 months time for JR (ie I can go for JR within 3 months in above case before 6th April 2015).

Why home office has sent me letter on 4th March (withing 2 months of rejection of my ILR application on Human Rights) saying your driving licence is on risk and we are going to ask dvla to revoke your licence. Is it correct on their part? Can I challenge this? Why Capita is calling me and harassing me, is it fair?

My solicitor is working on the case and we are going to send JR paperwork by 20th of March.

My questions:

1) If I have 3 months time (within 3 months of rejection of application) for JR application then can Home Office take any decision against me?

2) Can we request not to revoke my driving licence?

3) Do I have three months time from date of rejection of ILR application?

Please reply

Thank you

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I will be happy to answer your further questions, once you have rate my previous answer.
Kind regards
Customer: replied 2 years ago.
When are you going to reply
Customer: replied 2 years ago.

I have not received any answer to my question which I posted on 13th March. Its been 4 days!

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
1. This is because you need to put the home office on notice that you will be judicially reviewing the application for this you need to write to them and state the reasons why you do not agree with the refusal and then at that point they will know that you are planning to JR the refusal.
2. No they cannot, provided you have informed them of your decision to JR, but they can take a decision against you until the JR application is submitted. Usually though they do not take any action when they are informed you are applying for JR.
3. The DVLA does not usually revoke driving licences due to immigration status, I am not sure why the home office would want your driving licence to be revoked, but yes you can ask them not to request the revocation of your licence.
4. Yes it is the date of rejection, but do not leave it that late but submit it as soon as possible.
Kind regards
Customer: replied 2 years ago.

Thanks for the reply.


Could you please let me have an idea about how much does it cost in JR process (rough idea) and also how long long does this process take.


 


Thanks