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Lawyer21, CILEx Lawyer
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Experience:  CILEx Lawyer
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Brief Facts: First Scenerio Our applications for ILR were

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Brief Facts:
First Scenerio
Our applications for ILR were refused on 03.01.2019 and the request for AR was refused on 14.02.2019. Eventually application for permission to apply JR submitted on 15.05.2019. The JR reference number is *****
On 06.11.2019 we received decision from the Upper Tribunal that ‘the application for permission is refused as academic’ as the SSHD agreed to withdraw the decision under challenge. She has also agreed to reconsider the applications for ILR in accordance with a fair and orderly approach. The Secretary of State also agreed to consider any request that the applicants may make for permission to work in the UK. Moreover, SSHD will have to pay applicants reasonable costs of the application for permission to apply for judicial review. At the moment we are waiting for reconsideration decision.
Second Scenerio
After Refusal in Administrative Review of the ILR application, we submitted FLR application on the basis of human rights with in 14 days to keep our stay regularized but this application was refused on 20/06/2019 with right of appeal. Appeal was also refused on 15/10/2019. We submitted permission to appeal to the first-tier tribunal on 29/10/2019 but it was also refused on 13/02/2020.
According to JR decision, SSHD has withdrawn the decision for reconsideration, it means that our original ILR application is alive now. is 3C extended in the case? And we have right to work as normal?
Is our FLR human rights application amount to variation of our ILR application? And now Home Office does not need to reconsider our ILR application and to make a decision on it?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: UK
JA: Have you talked to a lawyer about the green card?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hi, Welcome to JA

I will read your question and respond

Customer: replied 17 days ago.
Ok, thanks

This means that the ILR is being reconsidered - it is not a fresh application but a review. 3C is not extended as it was refused and you had to apply for JR proceedings. You do not have the right to work if 3C under the Immigration Act 1971 does not apply.

Your FLR application has also been refused permission on 13/02/2020. Therefore, it is my understanding that only your ILR is still under review awaiting a decision.

Customer: replied 17 days ago.
Is our FLR human rights application amount to variation of our ILR application?

FLR application does not amount to variation of your ILR. Theses are two separate applications that were made. This is why the SSHD is content to review your ILR application and a final decision is made on the FLR application.

Customer: replied 17 days ago.
Actually, i contacted Home Office to have update on my ILR application. Today they sent me a response that FLR FP application refused. But they did not mention ILR application decsion?
Customer: replied 17 days ago.
It seems likely that they have forgotten or ignored our ILR applications and as such have not made a decision on it.
What is the further way out?

JR unit at the Home Office or UT where the decision was made to withdraw. There should be a decision from Home Office to withdrew and review new decision and/or contact details to obtain a update

Customer: replied 17 days ago.
Should I send a pre action protocol?

Regarding your FLR refused application?

You should perhaps contact your local MP or if you used solicitors to chase this up

Customer: replied 17 days ago.
No regarding ILR application?

You should write to them - the pre action would have been done before and then JR

Customer: replied 17 days ago.
I should follow FLR FP application or ILR application?

ILR application

Lawyer21 and other Law Specialists are ready to help you
Customer: replied 17 days ago.
Many Thanks, ***** ***** really Excellent...

Thanks and all the best