APPLICATION FOR REVIEW OF ORIGINAL REFUSAL DECISION DATED 15.05.2007 FOR EXTENTIOIN OF STAY AS HSMP STATUS HOLDER.

 

 

December 13, 20—

 

The British High Commission

—5, Diplomatic Enclave,

Islamabad.

 

Subject:-    STATUS OF VISA APPLICATION

                   —–   D.O.B. ——-.

 

Dear Sir/Madam,

My Visa Application is pending under Ref.LHE/2—08/05–18/1 dated 27.08.–.

The employer (—– Law Associates, Glasgow) repeatedly asked me to join the Office. Kindly intimate the status of my application and how much time it will take to decide.

 

Yours Faithfully,

 

 

——-

Advocate Supreme Court

——-,

1—- Road, Lahore.

Fax: 042——

Cell: 0332——-

 

The British High Commission

Ramna-5, Diplomatic Enclave,

Islamabad.

 

Dear Sir/Madam,

 

Subject:-    APPLICATION FOR REVIEW OF ORIGINAL REFUSAL DECISION DATED 15.05.2007 FOR EXTENTIOIN OF STAY AS HSMP STATUS HOLDER.

 

This application is being moved in view of the HSMP Forum’s Judicial Review decided by High Court on 08 April 2008 read with Home Office Policy (Final 9 July 2008) to implement the above referred judgment of High Court Annexure-A (Pl see Para 21-26).

I was granted HSMP approval letter by the Home Office on 17.10.05 under reference No.019346, subsequently, British High Commission Islamabad issued visa for me and my dependents —– (wife), —– (son) and —– (daughter) for one year w.e.f. 01.02.06 to 01.02.07.

I being Advocate of Supreme Court of Pakistan was working as Senior Law Officer with Law International, Lahore/Islamabad. I left my job, sold my property, uprooted my family with the aim to make UK my home country. My children left their school and we reached UK on 29 March 2006. I got my UK driving license. Original HSMP letter and copy of driving license is attached as Annexure-B & C.

On arrival in UK I started my professional career by joining a well known Law Firm Shoaib Associates Immigration and Asylum Consultant as Para-Legal Staff and worked there for about six months I was economically activated in UK. Photocopy of the letter of employer and P-45 issued in my favour is attached as Annexure-D & E.

Subsequently, I moved to Manchester, England, in order to qualify as an English Solicitor after passing of the Qualified Lawyers Transfer Test as this test was not available in Scotland. I submitted applications to join legal firms in Manchester, meanwhile on 10th November, 2006. I joined M/s Allad Ltd. as a sharer/Director. The aim of Company was to provide legal services for its clients re: their properties and family matters in Pakistan. The matter was duly intimated to company’s house by submitting Form 288a but this business could not be run effectively due to non-availability of long term stay/visa and due to introduction of certain changes to the HSMP policy on 7th November 2006, which created uncertainty regarding my stay in UK. Copies of the postal receipts, Certificate of Company, copy of the Form 288a and Letter of Accountant are annexed as Annexure-F,G,H & I.

During first week of January, 2007 I submitted my application for extension on the basis of criteria wherein I was allowed to enter the UK and also submitted  certificate regarding my language skills. My application was dealt with under the changed policy and the same was refused on 15.5.2007 holding that I did not meet the criteria of scoring 75 points for extension. However, I was allowed the right of Appeal. I alongwith my dependants filed Appeal under the Immigration Rules and Human Rights before AIT but my Appeal was declined on 27.7.2007 and later-on my application for reconsideration of AIT’s decision was also declined. Certificate and refusal letter are annexed as Annexure-J & K.

I being Member of HSMP Forum among other migrants was waiting for the result of HSMP Form Judicial Review. On 13 September, 2007 I proceeded back to Pakistan in order to explore opportunities for my re-establishment/employment in my country. My dependant kids who are of teen-age, aim to make UK their home country, having friends and relatives in the UK and adopted culture of that country. We were under legal expectations to remain in UK, the changes made us to suffer a lot. Both of the kids have lost one year of their schooling due to change of education system. Their immediate shifting to Pakistan will have a great loss to their another year of schooling for that reasons I left my wife and dependants kids in UK with a view to shift them later on at some proper stage so that any further loss to their education should be avoided. My elder Son Kamran Zafar and daughter Hina Zafar is also in UK. One of my real brother and Three real brothers of my wife are in UK. The House 17 Hifield Range Manchester where my family is residing is owned by real brother of my wife. This house consists of four bed rooms having sufficient accommodation. I supported my family from my own sources and never claimed any public funds. I never violated any law or Rules. I have received an offer to work as Office Manager in the UK with Muzaffar Associates 9-Allson Street, Glasgow on the basis of my Pakistani and UK experience in legal fields. Bank Statements and Offer letter are annexed as Annexure-L & M.

The judicial Review of HSMP Forum was granted by High Court on 08.04.2008 and Home Office has issued a policy re: HSMP Forum Judicial Review Policy Document Final 9 July, 2008, whereby HSMP Migrants who left the UK can ask for review of original decision.

I became economically activate in UK made efforts for better economic opportunities and was self employ at the time when application for extension was submitted. I was entitled to grant of further extension under the HSMP prevalent prior to changes introduced on 7th November, 2007.

My case fully mets the requirement of HSMP Policy prevalent before 7 November, 2007, therefore, in view of findings of HSMP Forum Judicial Review coupled with Home Office Policy (para 21-26) my application merits to be allowed.

            I would be obliged if the original refusal decision dated 15.5.2007 re: extension of stay of the application is review in view of the HSMP Forum Judicial Review Policy Document and I may kindly be allowed entry clearance to re-enter the United Kingdom.

            Looking forward in hearing form you in due course.

 

Yours Sincerely,

 

 

——-

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