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You've been given the Right of Appeal, but not in the UK. The HO have toughened up in order to:acespace wrote:hi everyone,
I Need help with FLR (FP) refusal. I applied for Flr(Fp) in Sep 2015.
I received my refusal letter 2 days ago with "RIGHT OF APPEAL OUtSIDe
UK". Now i am confused what to do about it. I arrived in uk in Feb 2007,
I have been on Tier-4 Since then. My last leave was also on tier-4
till April 2015. My Section 3c was on so i decided to wait for 10 years
ILR. But since thir letter arrived 2 days it says i am liable for
removal and detention and leave is finished. What should be my best option?
Leave the country and appeal?I have to wait till Feb 2017 to get ILR. Any
Help and suggestions would be greatly appreciated!
thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .avjones wrote:You need specific advice on your own circumstances.
However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.
THanks for that i have read this as well. What should i do in my situation?whats the best bet?by solicitor told me they can challange the decision or also apply for JRCasa wrote:You've been given the Right of Appeal, but not in the UK. The HO have toughened up in order to:acespace wrote:hi everyone,
I Need help with FLR (FP) refusal. I applied for Flr(Fp) in Sep 2015.
I received my refusal letter 2 days ago with "RIGHT OF APPEAL OUtSIDe
UK". Now i am confused what to do about it. I arrived in uk in Feb 2007,
I have been on Tier-4 Since then. My last leave was also on tier-4
till April 2015. My Section 3c was on so i decided to wait for 10 years
ILR. But since thir letter arrived 2 days it says i am liable for
removal and detention and leave is finished. What should be my best option?
Leave the country and appeal?I have to wait till Feb 2017 to get ILR. Any
Help and suggestions would be greatly appreciated!
"prevent repeat rights of appeal and prevent delay from appeals against unfounded claims"
Hanging on until Feb 2017 in the misguided hope that you will be granted ILR under long residence won't work.
Thanks for that . If I go for flr (o) , would I be able to as my leave 3c is finished and liable to be removed . Also if I go for Jr and pap before that how much time can I get and would my 3c be reinstated again ? Because in Jan 2017 I can apply for 10 year ILR . Please adviceObie wrote:They could continue certifying the FLR (o) , and that will be a further waste of cash. I think JR will be best.
You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.acespace wrote:thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .avjones wrote:You need specific advice on your own circumstances.
However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.
Thanks . What's the best solution for me given my situation .avjones wrote:You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.acespace wrote:thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .avjones wrote:You need specific advice on your own circumstances.
However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.
If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.
infact the question should be what's the best way to reinstate my 3c leave . If inchallange this decision would it make any difference. Thanksavjones wrote:You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.acespace wrote:thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .avjones wrote:You need specific advice on your own circumstances.
However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.
If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.
Dear AV ,avjones wrote:You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.acespace wrote:thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .avjones wrote:You need specific advice on your own circumstances.
However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.
If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.
If I apply for a new application within 28 days and it goes on until 5 months by that time I am eligible for Ilr , can I vary the new application to Ilr (lr) . Also my solicitor wants to submit further representations before pap and jr as they want to elongate on the rejection grounds . If I go for that does the time spent during further representations counts towards Ilr ? Thanksavjones wrote:You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.acespace wrote:thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .avjones wrote:You need specific advice on your own circumstances.
However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.
If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.
thanks for that. Will it be refused after the decision has been made?if yes then would i get a right of appeal?if not then if i apply before 28 days would the application be sent back as invalid?please let me knowCR001 wrote:No you can't. Your application will be refused as you are applying too early.
I got same case my visa is running out 6 month before completion of 10 yeaars !! if i apply 6 month early will i get appeal chance and 3C will conti ....?acespace wrote:thanks for that. Will it be refused after the decision has been made?if yes then would i get a right of appeal?if not then if i apply before 28 days would the application be sent back as invalid?please let me knowCR001 wrote:No you can't. Your application will be refused as you are applying too early.
If your application fails to meet the requirements of the rules at the time of the decision, then it's likely that they will refuse it and keep the fees.acespace wrote:thanks for that. Will it be refused after the decision has been made?if yes then would i get a right of appeal?if not then if i apply before 28 days would the application be sent back as invalid?please let me knowCR001 wrote:No you can't. Your application will be refused as you are applying too early.