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What were the compassionate circumstances?kenray92 wrote:I had compassionate circumstances
To the best of my knowledge, no. Section 3C is only engaged if an application is undecided at the time that the existing leave to remain lapses and it is extended while the relevant appeals take place.kenray92 wrote:if I appeal this decision within the next week and the process lasts beyond my extant leave to remain (I understand the appeal lasts around 12 months or more) am I LAWFULLY resident in the UK under section 3c while my appeal is pending?
Page 12 of the above documentA person will have section 3C leave if
•they have limited leave to enter or remain in the UK
•they apply to the Secretary of State for variation of that leave
•the application for variation is made before the leave expires
•the leave expires without the application for variation having been decided
•the application for variation is neither decided nor withdrawn
But Section 3C is not engaged in your case and hence, it can not be extended.If a person does not already have section 3C leave the fact that they are entitled to an in-country right of appeal against a decision does not give them section 3C leave
If Section 3c were to apply, you continue under the same leave to remain that you were under with the same terms and conditions (summarised from Page 19 of the above document).kenray92 wrote:if section 3c extends my student visa, must I be a full time student next year during the appeal?
Wow thank you very much for this reply.secret.simon wrote:What were the compassionate circumstances?kenray92 wrote:I had compassionate circumstances
To the best of my knowledge, no. Section 3C is only engaged if an application is undecided at the time that the existing leave to remain lapses and it is extended while the relevant appeals take place.kenray92 wrote:if I appeal this decision within the next week and the process lasts beyond my extant leave to remain (I understand the appeal lasts around 12 months or more) am I LAWFULLY resident in the UK under section 3c while my appeal is pending?
Page 6 of the Leave extended by section 3C (and leave extended by section 3D in transitional cases)Page 12 of the above documentA person will have section 3C leave if
•they have limited leave to enter or remain in the UK
•they apply to the Secretary of State for variation of that leave
•the application for variation is made before the leave expires
•the leave expires without the application for variation having been decided
•the application for variation is neither decided nor withdrawnBut Section 3C is not engaged in your case and hence, it can not be extended.If a person does not already have section 3C leave the fact that they are entitled to an in-country right of appeal against a decision does not give them section 3C leave
If Section 3c were to apply, you continue under the same leave to remain that you were under with the same terms and conditions (summarised from Page 19 of the above document).kenray92 wrote:if section 3c extends my student visa, must I be a full time student next year during the appeal?
I was out for 553 days. I said that to the home office. They say 551 in the refusal letter.riz1986 wrote:What abt if u re-apply for ILR in Oct 2016.....surely your number of days outside UK will drop !!
How many days actually u were away from UK over the last 10 yr ?