Appeal refused immunity of section 3C

[Rabiakhawaja]

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.

I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

[Princess of Ammi]

it should still cover you until a negative reply from upper tribunal reaches you, your 3C expires the day you receive your this letter it however extends itself if appeal to upper tribunal is accepted and a decision to which this appeal is relevant is made.
as of now you 3C expires if you do not lodge an appeal against 1st tribunal to upper tribunal and you 28 days start from the day you received 1st tribunal determination and you decided not to lodge an appeal against this determination.

above is how I was explained by my lawyer

[Rabiakhawaja]

As I have been given 5 days to decide whether I am applying to court for permission to apply for appeal or not

do you mean these 5 days are not covered under 3c? if these covers under 3c than surly i can apply for a fresh application and don't lodge /ask court for permission to appeal?

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.

I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

[Rabiakhawaja]

Can some1 please advise, I only have two days left

Shall I apply to court for permission to apply for appeal in upper tribunal first before making fresh application or shall i just submit new application straightaway?

I just want that when i submit fresh application i should be covered under section 3c

As I have been given 5 days to decide whether I am applying to court for permission to apply for appeal or not

do you mean these 5 days are not covered under 3c? if these covers under 3c than surly i can apply for a fresh application and don't lodge /ask court for permission to appeal?

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.

I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

[Princess of Ammi]

Dear Rabia

re-applying within those 28 days once an appeal is dismissed saves you for your long residency but you are not covered over the virtue of 3C because you would have applied once your previous leave was expired, that means you in UK lawfully but not allowed to work lawfully with the same right that your previous leave entitled you or the time when your appeal was in process.

given 5 days let you apply for permission to appeal if you have not given an automatic right of appeal to upper tribunal, in any case your 3C is not affected after the appeal because to re-apply you would have to come across all appeal proceedings and when you off to 28 days in which you apply if you apply you are applying with an expired leave.

Dear sister you find it complicated to understand I suggest you should speak to a lawyer around there are many everywhere can provide you with such a basic information for initial 15 minutes consultation that comes for free

[Zee ali]

hi
According to my understanding someone 3c leave ends when they exhaust all appeal rights.

Which means when their appeal to UT is dismissed

or

PTA to UT to go to UT is dismissed.

Your 28 days overstaying starts from determination letter date of dismissed appeal or dismissed PTA to UT to UT.

[Zee ali]

Can some1 please advise, I only have two days left

Shall I apply to court for permission to apply for appeal in upper tribunal first before making fresh application or shall i just submit new application straightaway?

I just want that when i submit fresh application i should be covered under section 3c

As I have been given 5 days to decide whether I am applying to court for permission to apply for appeal or not

do you mean these 5 days are not covered under 3c? if these covers under 3c than surly i can apply for a fresh application and don't lodge /ask court for permission to appeal?

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.

I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

@Rabia

Unfortunately u will not cover by 3c when u put an application and u don't have valid visa.
28 days period after all appeals exhausted is overstaying period which HO will waive according to new rulas and accept your application but it won't trigger 3c leave as u don't have valid visa when applying.

in your case U can benefit from 3c if u go to PTA to ftt to go to UT and than PTA to UT to go to UT.
This process will give u some more time like 1 or 2 months to prepare for new application.

[cpmlkhan]

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.
I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

Dear Rabia,

My advise to you definitely apply for UT 1st, At least give you some time to prepare your application when you say that your grounds are not solid enough.
2nd for your next application have you managed to get your name on to the bank letter & how you can say that your documents are up to date.
Are you coming from the same side where rest in this forum did & more than 200 applicants are in dark room (totally blank).
So seek professional advice before lodge 2nd application anyways 1st go for UT asap.

If require more info do not hesitate to ask.

[cpmlkhan]

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.
I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

Dear Rabia,

My advise to you definitely apply for UT 1st, At least give you some time to prepare your application when you say that your grounds are not solid enough.
2nd for your next application have you managed to get your name on to the bank letter & how you can say that your documents are up to date.
Are you coming from the same side where rest in this forum did & more than 200 applicants are in dark room (totally blank).
So seek professional advice before lodge 2nd application anyways 1st go for UT asap.

If require more info do not hesitate to ask.

[Rabiakhawaja]

Thank you for all your help.

Yes bank account is on my name and in the UK. Also I have got the letter from bank (HSBC) confirming availability of funds.

I am applying as fresh application and not applying for court permission to appeal in Upper Tribunal.

hope it will be fine.

thank you.

Hi All,

Need desperate help. Please Advise.

I applied for Tier 1 Enter application last year in Jan 2013. Application got refused due to the reason bank letter didn't have my name.

However I put a appeal to first tribunal which has been refused as well. I have been given 5 days to apply for a court permission to appeal in upper Tribunal which are ending on Friday 7th March 2014.

Now I need your expert advise....

My appeal grounds are not very solid (I believe that...) However I have all the documents ready for a fresh application under same route Tier1 Enter. This time I am 100% sure my documents are up to the merit.
I need to know that does section 3c applies on me till 7th March 2014 or it will only applicable when i apply to court for appeal in upper tribunal?

if I am already under Section 3c than I hope i can apply before 7th March 2014.

Please advice.

rabia

Dear Rabia,

My advise to you definitely apply for UT 1st, At least give you some time to prepare your application when you say that your grounds are not solid enough.
2nd for your next application have you managed to get your name on to the bank letter & how you can say that your documents are up to date.
Are you coming from the same side where rest in this forum did & more than 200 applicants are in dark room (totally blank).
So seek professional advice before lodge 2nd application anyways 1st go for UT asap.

If require more info do not hesitate to ask.

[riaz1982]

hi All and rabia,
rabia,yes you will be fine in going for ut and then in meantime you can submit your fresh application and withdraw your ut,its all depends on how you select your barristers to raise your issues in strong way and genuinely infront of judge
me too refused in same category like i got refusal in 2 points
1.my name is not in third part bank statement
2.no advertise materials but i have given my elance,gumtree printouts in my interview

so please help me any suggestion please
now me and my partner have our own money 50k in our joint account,will that acceptable in appeal?
also we got same print out of gumtree,elance now which we submitted in interview,help and advise please.

[cpmlkhan]

hi All and rabia,
rabia,yes you will be fine in going for ut and then in meantime you can submit your fresh application and withdraw your ut,its all depends on how you select your barristers to raise your issues in strong way and genuinely infront of judge
me too refused in same category like i got refusal in 2 points
1.my name is not in third part bank statement
2.no advertise materials but i have given my elance,gumtree printouts in my interview

so please help me any suggestion please
now me and my partner have our own money 50k in our joint account,will that acceptable in appeal?
also we got same print out of gumtree,elance now which we submitted in interview,help and advise please.

Hello Riaz,

I have left comments on your other post

Hope will work for you

[maqeelk84]

well there is only one way, if you will go according to that you will be eligible for 3c. but i suggest you go for UT you will get some more time... but there is a way