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Section 3C protection (continuing leave) expires 10 working days after receiving notice of the decision (while an appeal could be brought). That's usually considered to be 2 days after the decision letter was sent by the HO. Did you apply for your next student visa within that timeframe?sam_lam15 wrote:yes, I was given a letter stating I could appeal to the decision, but I didnt appeal.
paulp wrote:Section 3C protection (continuing leave) expires 10 working days after receiving notice of the decision (while an appeal could be brought). That's usually considered to be 2 days after the decision letter was sent by the HO. Did you apply for your next student visa within that timeframe?sam_lam15 wrote:yes, I was given a letter stating I could appeal to the decision, but I didnt appeal.
If not, you will have to argue that it's the HOs fault that they returned the passport so late.
I get the impression that you applied for the student visa more than 10 working days after you received the refusal letter, is that the case?sam_lam15 wrote:thanks for your replies, Paul,
I applied my new student visa 3 (working days) after I received my passport back, is that ok?
BUT I still do not understand why the hell they kept my passport while sent out a refusal letter to me?
hi, Paul,paulp wrote:I get the impression that you applied for the student visa more than 10 working days after you received the refusal letter, is that the case?sam_lam15 wrote:thanks for your replies, Paul,
I applied my new student visa 3 (working days) after I received my passport back, is that ok?
BUT I still do not understand why the hell they kept my passport while sent out a refusal letter to me?
Hi Sam,sam_lam15 wrote:hi, Paul,
I do keep the original records,
according to my Post Office recorded slip and and evelope containing my passport that I received from HO, I can see clearly, that it is exactly 3 working days. and also on the refual letter, it also says that I could appeal within 28 days. ???
anyway, the point is that what is the chances of arguing with HomeOffice that the fact it is their responsibility, what is this section 3C?
thank you!
paulp wrote:Hi Sam,sam_lam15 wrote:hi, Paul,
I do keep the original records,
according to my Post Office recorded slip and and evelope containing my passport that I received from HO, I can see clearly, that it is exactly 3 working days. and also on the refual letter, it also says that I could appeal within 28 days. ???
anyway, the point is that what is the chances of arguing with HomeOffice that the fact it is their responsibility, what is this section 3C?
thank you!
The amendment to Section 3C of the Immigration Act is what extends your leave past its expiry if you submitted a FLR application before then.
So, just to get the sequence of events right, you "heard" from the HO that your WP was refused, presumably on the phone? But it's only later that you received your refusal letter and your passport and you re-applied for the student visa within 3 working days? If so, you're kosher.
sam_lam15 wrote:hi paul, I RECEIVED a letter telling me it was refused, they never phoned me. I sent out the student application 3 days after receiving the letter.
HO sent out the letter to tell me it was refused, but they kept my passport. (I can not understand why they did this)
sam_lam15 wrote: I applied my new student visa 3 (working days) after I received my passport back, is that ok?
Sam, sorry mate. It is all getting weirder and weirder. You applied for your student visa 3 days after getting your passport back. You applied for your student visa 3 days after getting the letter. But you received the letter but the HO kept your passport till later. It does not add up. Sorry.sam_lam15 wrote:Applied a work permit on 2nd October 2003 (4 weeks before student visa expired), after waiting 9 weeks, HO Workpermit department told me that my application's refused But kept my passport until 28th Nov. 2003, ...
So it's the above bit in bold that was confusing then. You didn't send out the student application 3 days after receiving the letter. It was about 10 days later (less than 10 working days anyway).sam_lam15 wrote:hi paul, I RECEIVED a letter telling me it was refused, they never phoned me. I sent out the student application 3 days after receiving the letter.