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Zee ali wrote:Hi
Whoever told u this is absolutely wrong.
Section 3c extend your last leave not the one which u apply. U will retain your working rights if apply in time.
Zee ali wrote:hi
U can only vary your application when it is undecided. These days very hard to spend 7 months without decision made.
so they refuse u and u appeal against the decision
Scenario 1
U complete 10 years while waiting for your hearing date. In this case on hearing date tell the judge u complete 10 years and not u r qualified for ILR. Judge will order HO to reconsider your application as u completed 10 years. HO will recosider your application and if u fulfill the requirement they will issue u ILR.
Scenario 2
Suppose u passed your hearing date and your appeal refused then
u apply for PTA To FTT to UT
if refuse then
u apply for PTA to UT to UT
if refuse
from the date of PTA determination letter your 3c ends
but u have 28 days to apply for ILR. 28 days counts overstay time.
so complete your form with due care because if u refuse then u won't get appeal right.
i am short of 10 months. so hope for the best my friend.
Regards
thamsinkumar wrote:Thanks Friend
Does it mean that even appeal is refused and then again we ask permission for appeal so does it means that we are safe ?
because I was reading new home office guidelines on 3C and 3 D and its confusing
it says that we can vary even after refusal on the day of hearing.. but once the application is heard and refused after that we cant add any more information
and moreover if we submit after finishing 10 years, by withdrawing appeal, it says once we withdraw our appeal we become overstayer and application we new submit will be out of time
please look at this and guide me if i am wrong freind
Hi
Yes they r right
once u withdraw your application u become overstayer from the court withdrawal confirmation letter.
But as we know that HO disregard 28 days overstay period while considering any application.
and yes new application count as out of time because u don't have valid leave when u apply 2nd time.
So be careful while applying 2nd time and submit all relevant documents and make sure don't give HO any chance to invalid your application
https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf
Zee ali wrote:hi
U can only vary your application when it is undecided. These days very hard to spend 7 months without decision made.
so they refuse u and u appeal against the decision
Scenario 1
U complete 10 years while waiting for your hearing date. In this case on hearing date tell the judge u complete 10 years and not u r qualified for ILR. Judge will order HO to reconsider your application as u completed 10 years. HO will recosider your application and if u fulfill the requirement they will issue u ILR.
Scenario 2
Suppose u passed your hearing date and your appeal refused then
u apply for PTA To FTT to UT
if refuse then
u apply for PTA to UT to UT
if refuse
from the date of PTA determination letter your 3c ends
but u have 28 days to apply for ILR. 28 days counts overstay time.
so complete your form with due care because if u refuse then u won't get appeal right.
i am short of 10 months. so hope for the best my friend.
Regards