Help Appeal Dismissed

[Great77]

Hi all,
EC : 5th October, 2004
DOE : 19th of October


I received the determination of my appeal today which was dated 12th September 2008. I appeared before the FTT on 8th September. I have instructed that my lawyer should appeal further till October 6th, 2014 to fully complete my 10 years.

1. Do you think is good to further appeal till that October 7th and then receive confirmation of withdrawal before sending ILR application.

2. Should I wait until 19th October 2014 exactly before withdrawing my application?

3. Is it very good to FAX the withdrawal letter to the FTT?

I just want to be sure and am looking forward to receiving answers or suggestions

Thank you.

[oroborpat007]

Section 3c only covers the first appeal at first tier tribunal, once your appeal has been dismissed any further appeals to higher courts are not covered by section 3c (My experienced Lawyer told me).

You can apply for a 10 year stay ILR; 28 days before you have reached 10 years. Also the immigration rules do not allow applications from people who overstay for more than 28 days.

You have 28 days after your appeal has been dismissed (16/09/2014) to make a SET(LR) application. Quickly do and attach a Life In the UK certificate and your University degrees (taught in English for English requirement) to the SET(LR) form, also attach a copy of the determination to the SET(LR) form.

I hope you will make it, I also had to make an ILR application this year, I cancelled my appeal to apply within 28 days.

[Great77]

Section 3c only covers the first appeal at first tier tribunal, once your appeal has been dismissed any further appeals to higher courts are not covered by section 3c (My experienced LAWYER told me).

You can apply for a 10 year stay ILR; 28 days before you have reached 10 years. Also the immigration rules do not allow applications from people who overstay for more than 28 days.

Thank you Oroborpatt007. I am still in the first stage of appeal which is the FTT. They gave me permission to appeal to FTT for Upper tribunal and also there is even another chance for 3rd appeal to the upper tribunal. This is where section 3C ends. Sections 3c may continue if someone is allowed in the court of appeal.

I want to apply for my ILR October 5th which is the date of Entry clearance visa Oct 5th 2004. It is safer that way. My 28 days to my entry starts from September 22.

Please any other opinion guys let me know.

[oroborpat007]

You can wait till October.

My Lawyer might have been wrong to say that after an appeal has been dismissed 3c leave ends because this link https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf updated on 20/06/14 says appeals at the Upper Tribunal are covered by section 3c.

To be on the safe side ask more lawyers/people.

To clarify was your appeal dismissed in FTT with permission to appeal to the Upper Tribunal for a review of the decision made in the FTT ?

[Obie]

Section 3c only covers the first appeal at first tier tribunal, once your appeal has been dismissed any further appeals to higher courts are not covered by section 3c (My experienced Lawyer told me).

That is wrong, section 3C right exist until all appeal rights has been exhausted, or the period for lodging an appeal has elapsed.

I can comfortably say that this "experienced lawyer" is wrong, or perhaps you misunderstood what he told you.

It is open to OP to withdraw his/her appeal once he/she has acquired the requisite 10 years.

Section 3(C) can extend up to the Supreme court, provided permission has been granted in each stage.

[Zaidii]

@ oroborpat007
Could you please request your " experienced lawyer" to leave thi profession and start working at any car wash.