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Section 3c or C3

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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tomrahmad
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Posts: 31
Joined: Wed Feb 22, 2017 11:20 am

Section 3c or C3

Post by tomrahmad » Tue Jul 18, 2017 8:55 pm

Hi all,

Sorry to jump in this topic. Just would like to ask one thing regarding section 3c.... let say if someone wants to make a fresh application wihin 14 days.... how these 14 days will be counted? From the date of decision letter or from the date decision letter received?

Thanks
Ahmad

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zimba
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Re: Section 3c or C3

Post by zimba » Tue Jul 18, 2017 10:19 pm

The day refusal is served, which is two working days after the refusal date on the letter
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

tomrahmad
Newbie
Posts: 31
Joined: Wed Feb 22, 2017 11:20 am

Re: Section 3c or C3

Post by tomrahmad » Wed Jul 19, 2017 12:10 am

Thank you zimba.

After refusal, sending a new application for dependent. Just confused on one question.

Please which option shall I chose in section K. Question K1?

"""K1; What is your current immigration status?
• I have leave to enter / remain for a limited period - Go to K4
• I am an EU national / family member of an EU national - Go to K4
• I am exempt from immigration control - Go to K4
• I have leave which has been extended by section 3C of the Immigration Rules – Go to K4
• I had leave to enter / remain for a limited period, which has now expired - Go to K2
• I am applying following the refusal of a previous application for leave which was made in- time or for which the Secretary of State considered there was a good reason why it could not be made in-time – Go to K2
• I am applying after the expiry date of the time limit for making an in-time application for administrative review or appeal in relation to the refusal of a previous application for leave – Go to K2
• I am applying following an administrative review or appeal being concluded, withdrawn abandoned or lapsing - Go to K2
• None of the above - go to K4"""



I am too much confused on this. Please help. (Last application was made well before expiry date)

Please help

Thanks
Ahmad

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Section 3c or C3

Post by marcnath » Wed Jul 19, 2017 7:27 am

tomrahmad wrote:Thank you zimba.

After refusal, sending a new application for dependent. Just confused on one question.

Please which option shall I chose in section K. Question K1?

"""K1; What is your current immigration status?
• I have leave to enter / remain for a limited period - Go to K4
• I am an EU national / family member of an EU national - Go to K4
• I am exempt from immigration control - Go to K4
• I have leave which has been extended by section 3C of the Immigration Rules – Go to K4
• I had leave to enter / remain for a limited period, which has now expired - Go to K2
• I am applying following the refusal of a previous application for leave which was made in- time or for which the Secretary of State considered there was a good reason why it could not be made in-time – Go to K2
• I am applying after the expiry date of the time limit for making an in-time application for administrative review or appeal in relation to the refusal of a previous application for leave – Go to K2
• I am applying following an administrative review or appeal being concluded, withdrawn abandoned or lapsing - Go to K2
• None of the above - go to K4"""



I am too much confused on this. Please help. (Last application was made well before expiry date)

Please help

Thanks
Ahmad
Once again, should have continued on your own thread.
Looking at your earlier thread, I believe you are applying upon rejection but without applying for AR.
So, it should be:
• I have leave which has been extended by section 3C of the Immigration Rules
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

Hassan Rasheed
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Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Re: Section 3c

Post by Hassan Rasheed » Sat Jul 22, 2017 5:34 pm

Hi Dear,
I have applied my visa Ext in 2016.It was in time application.

Application was refused and i applied AR which also refused. Than New Fresh application submited with 14 days.
Does my section 3C Break ?

Anyone in this forum similar to my situation who applied for Visa Ext OR ILR gets refusal because of section 3C break ?

Thanks,
HN

amnaali03
Member
Posts: 120
Joined: Wed Feb 19, 2014 9:13 am

Re: Section 3c

Post by amnaali03 » Sat Jul 22, 2017 6:00 pm

Hassan Rasheed wrote:Hi Dear,
I have applied my visa Ext in 2016.It was in time application.

Application was refused and i applied AR which also refused. Than New Fresh application submited with 14 days.
Does my section 3C Break ?

Anyone in this forum similar to my situation who applied for Visa Ext OR ILR gets refusal because of section 3C break ?

Thanks,
HN
According to seniors on this board: If your second application is successful then 3C continue, otherwise it will break.
Regards

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Section 3c

Post by marcnath » Sat Jul 22, 2017 6:03 pm

Hassan Rasheed wrote:Hi Dear,
I have applied my visa Ext in 2016.It was in time application.

Application was refused and i applied AR which also refused. Than New Fresh application submited with 14 days.
Does my section 3C Break ?

Anyone in this forum similar to my situation who applied for Visa Ext OR ILR gets refusal because of section 3C break ?

Thanks,
HN
Your 3C is now broken and you are an overstayer until you get your nee application is approved.

But this break will not have a negative impact towards a future ILR/LR application.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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zimba
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Location: UK
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Re: Section 3c

Post by zimba » Sat Jul 22, 2017 7:13 pm

amnaali03 wrote: According to seniors on this board: If your second application is successful then 3C continue, otherwise it will break.
Regards
Wrong. Section 3C will never be revived again when it ends. Immigration rules simply allow you to ignore such periods of overstaying for fairness :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Hassan Rasheed
Member
Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Re: Section 3c or C3

Post by Hassan Rasheed » Sun Jul 23, 2017 9:48 pm

so according to zimba, My section 3c break and after getting visa ext, It would effect once i apply for ILR and
They will not consider my stay continuity ?

Thanks,
HN

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marcnath
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Posts: 6493
Joined: Tue Jul 03, 2012 3:27 pm
Location: Milton Keynes
United Kingdom

Re: Section 3c or C3

Post by marcnath » Sun Jul 23, 2017 10:31 pm

Hassan Rasheed wrote:so according to zimba, My section 3c break and after getting visa ext, It would effect once i apply for ILR and
They will not consider my stay continuity ?

Thanks,
HN
That is not what Zimba said and that is not what I replied earlier either.

Your Section 3C has broken and it will not be restored.

However, if your fresh application is successful, the period of overstay between the end of your 3C and the grant of your new application will not be considered as a break in continuity.

So, it will not affect your ILR application.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.

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