Fresh application & judicial review

[anammahmud]

Dear All,
My long residence application was refused and then hearing at first tier tribunal also refused. After then permission to appeal also refused by first tier tribunal. At present as last resort I have applied directly to upper court for permission to appeal. If they refuse my appeal right will be exhausted which means my SEC 3C leave will be broken.
If I do not get permission to appeal from upper court then i need to know if it is allowed to lodge a fresh application to home office again on the basis of long residence status. In that case will I be a over stayer? Other possibility, if I apply for judicial review, then my sec 3c right will continue or not? Please advise me if possible.

[sodonm]

what was the reason for your refusals?

[anammahmud]

Dear,

I went croydon HO on Oct 2008 to extend visa but they did not take interview and asked to give sponsors money receipt. I came back and sent by post after 5 months. Eventually they granted visa and then few more occasion I had extensions without any trouble. But on ILR application they refused saying that i was over stayer on that period of 2008.

[sodonm]

section 3c does not continue with Judicial review, you will become an overstayer in that case. Unless you think you have somthing to show that you were not an overstayer you shoud not go for it , judges are also not accepting new evidances sometimes, it will be a waste of your money and time i think. If they are refusing you for overstaying in 2008 and you could not prove that you have not overstayed, i would advise you better extend your visa on to another category until you complete full 10 years then apply again for ILR.

[anammahmud]

Thanks for your advise. Well can I lodge a fresh application on long residence status again? If I am able to what consequence I might face?

[vinny]

You may apply for SET(LR) under long residence again when you haven't overstayed for longer than 28 days at any one time during the preceding 10 years.

[anammahmud]

Thanks for suggestion but I am bit confused. For instance, at present I have applied directly to upper tier court for permission to appeal. If they refuse can I make a fresh application on long residence basis application again within 28 days. However, will they accept it because my circumstance has not changed. Because according to HO records still 3.5 years to go to make that 10 years. What consequences may arise please advise. Please note, basically I need few months to stay legal as I may arrange a tier 2 soon.

[vinny]

If SET(LR) has problems, then suggest you go for Tier 2 (General).