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Nicola-mod
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Category: Immigration Law
Satisfied Customers: 11
Experience:  Moderator
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I have been given appeal right in an application which was

Customer Question

I have been given appeal right in an application which was made out of time. In the refusal letter it says if I appeal my visa will be extended by section 3C but at the same time the law regarding section 3C is that application has to be made before leave expires. so basically in UKBA mistake. so my questions are:
1) As I lodged appeal, do I have section 3C leave now?
2) does this break my continuous residency?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

When did your visa expire and when did you lodge the new application?
Customer: replied 2 years ago.

Its actually my second application. the time lines are as follows:


1) applied tier 1 ent visa in august 2012


2) got refused in may 2013( visa was until 31 january 2013) with appeal right


3) exhausted all appeal rights on 30 december 2013 and made fresh application on same day


4) got refused again in february 2014 with further appeal right


 


thanks

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You are deemed to be in time as you applied on the same day that your appeal was refused on 30/12/2013 and S. 3C of the Immigration Act protected you until 30/12/2013.

This is why you were given the right of appeal against your refusal in February 2014.

Hope this helps
Customer: replied 2 years ago.

are you 100% sure of this. as far as section 3c is concerned the moment i loose the appeal i become an overstayer even though I submit another application on that day( please correct me if I am wrong). one more question. If I want to change my address and hearing court will that delay my hearing? Is tribunal bound to relocate my hearing to a nearer court as per my residential address?

Expert:  UKSolicitorJA replied 2 years ago.
I will opt out as you do not seem to believe my advice.
Customer: replied 2 years ago.

Its because I got different answer from another solicitor. We get easily confused in this kind of situation. anyway thanks for your help.

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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.

I will wait. thanks for understanding that we questioners do get different answers from different people. but it does not necessarily mean that I question their credibility.

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:  Nicola-mod replied 2 years ago.
Hello,

I apologise as we have not yet been able to find another Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I will continue waiting as I am paying for it

Expert:  Nicola-mod replied 2 years ago.
Hello,

We will continue to look for a Professional to assist you.

We do offer a full refund on request if you are not satisfied.

Thank you for your patience,
Nicola
Customer: replied 2 years ago.

I will wait. thanks

Expert:  UKSolicitorJA replied 2 years ago.
Please see this internal Home Office document which explains the reasoning behind my answer

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/298502/Overstayers_v5.0EXT.pdf

I hope this clarifies. Please take a second to rate my answer.
Customer: replied 2 years ago.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/290184/3C_3D_Leavev1.0EXT.pdf


 


thank you very much for coming back to answer my question. please follow the above link and specially page 12 regarding appeal withdrawal/exhausting and making a fresh application on the same day and effect on section 3c. so my understanding that your answer and reasoning behind that is not correct. furthermore the link you gave does not provide any such evidence that your understanding was right. that was the reason i asked you again whether you were sure(now this proves that i was right in asking that). you must also understand that I have the right to get a proper legal advise as i am spending money. furthermore another legal adviser(not from here though) informed me that I should not have got any appeal right. so now with all humbleness can I ask you again why was I given another appeal right? did it break my continuity for long residency? I believe my case would open an opportunity of research for you. I am not trying to sound harsh but you must accept that I have been put in a situation where I am not getting any answer. so dear sir I will be waiting for your answer again hoping you are not going to opt out again :)

Expert:  UKSolicitorJA replied 2 years ago.
Did you withdraw your appeal as page 12 refers to withdrawn appeals?
Customer: replied 2 years ago.

my appeal was dismissed

Expert:  UKSolicitorJA replied 2 years ago.
Unfortunately I will have to opt out again as I am unable to deal with your query presently.
Customer: replied 2 years ago.

ok thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new 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.

cancel please

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