Right To Work during application for Discretionary Leave

[thamsinkumar]

Hi All


If I apply for discretionary leave (Human rights Article 8 and Private life), before my PSW visa expires, will I be able to carry on working ?

As I have been told that because this is Human rights application we do not have right to work and the day we apply we loose the right to work.

Thanks please help me and guide me

[Zee ali]

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.

[thamsinkumar]

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.

Thanks friend one more question

Dear friends and community members

I am just 7 months short for my 10 year stay and I just have 10 days to apply too..

I was just reading this guidelines for 3C and 3D home office published yesterday on 14th March 2014

I am confused if you can help me please friends.

If I apply discretionary leave in time and my application is refused, will it trigger 3C or 3D ?
and second I know 99 percent it will be refused.. and in case I appeal and if appeal is decided before my 10 years finish and I lodge the second appeal then in that case can I vary my application ?

As guidance says that I cant vary application and also that If I want to submit new application eg. New 10 year application I need to withdraw my appeal and then submit

and in that case if I do that it will make my 3C end, and I am over stayer..

Please guide me and help me friends

the link is as follows

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

[Zee ali]

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]

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

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf

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

[Zee ali]

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

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

[Zee ali]

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