- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
It seems long residence applications are human rights applications so an exception is applied. These can be made while an appeal is pending under Section 3C and so there is no need to withdraw the appeal. It seems that OP has no section 3C now but I believe this may be the reason why LTR application proceeded while having an appeal heard.
Source What is a human rights claim? from https://assets.publishing.service.gov.u ... l-v7.0.pdfThese applications can be made while the applicant has leave under section 3C of the Immigration Act 1971 as a consequence of an ongoing appeal against the refusal of another application. No other applications under the rules other than those in this section can be made where the applicant has 3C leave.
I think you are wrong on this Zimba
I went ahead with my appeal and it was allowed today. Barring any appeals by the home office, can I now apply for ILR as 10 years was completed in October,2019lilboots wrote: ↑Mon Dec 09, 2019 2:29 pmHi,
I am trying to find ways of applying for Indefinite leave to remain (ILR) Long residence whilst I have an appeal pending (Not heard yet) without breaking my section 3c. My lawyer wants to withdraw my appeal when my I'm due for ILR (LR) then put in an application almost immediately for ILR based on long residence. My appeal hearing is on the 25/01/20 whilst I'm due for ILR on the 20/12/2019.
I am aware of the HO rules below and was wondering if anyone has gone through the process successfully . Did you submit further grounds to be considered during the appeal?
HO Rules...
The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal
A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.
My immigration history is:
14/10/09 -31/10/11: entered the UK as student dependant
26/10/11: submitted application as PSW dependant
13/12/11 - 13/12/13 : Approved for these dates
13/12/13 : Submitted application as a Tier 1 Ent dependant
25/02/14 : Application refused
14/03/2014: Lodged an appeal (in-time)
22/07/2014 : Appeal Allowed
22/08/2014 - 22/08/2017: Tier 1 Dependant
22/08/2016 - Spouse gains ILR LR and subsequently became a British National a year later
22/08/2017 - I applied FLR (FP) (in tome)
20/12/2017 - Got a non-custodial sentence from court
31/07/2018 - Application refused as I applied using the wrong route as I do not have kids and they said I did not qualify for FLR (FP) with appeal rights given.
Appealed this decision.
Appeal hearing set for 26/02/2019
14/02/2019 - Applied for LTR as the spouse of a settled person
26/02/2019 - appeal was withdrawn from first tier
26/02/2019 - Appeal rights exhausted
13/09/2019 - LTR refused due to conviction on 20/12/2017 as the singular reason.
14/10/2019 - completed 10 years
20/12/2019 - 24 months after the non-custodial sentence and is spent
29/01/2020 - Appeal hearing at the First tier Tribunal
Now my dilemma :
My lawyer wants to apply for ILR (LR) on or after the 20/12/19 but before the appeal hearing but I think this is wrong as I have an outstanding appeal.
Do we submit further grounds to be considered during the appeal as the reason why I was denied in the first place (conviction) has now become spent and ask for reconsideration and at the same time I Have completed 10 years?
Pls gurus can you help me on this
Hi Zimba,
You has section 3C by the virtue of your appeal and so when you withdrew the appeal, your section 3C ended and you became an overstayer. To regularise your stay, you must be granted FLR(M). Then you can apply under SET(LR) when you have lawful leavelilboots wrote: ↑Wed Feb 05, 2020 9:06 pmHi Zimba,
Are you referring to the appeal that I withdrew on 26/02/2019?
If so,
* I had made an on time FLR (FP) on 22/08/2017; 31/07/18 it got refused; Appealed on time
- I withdrew the appeal on 26/02/19
* However, I applied for new FLR (M) on 19/02/19 whilst I had section 3c. That application was refused. However I have appealed and won the appeal yesterday 04/02/2020
How have I been an overstayer as I have won my appeal yesterday. where was the section 3c broken??
Hi Zimba,
• the applicant must not be in breach of immigration laws, except:
o for any period of overstaying for 28 days or less which will be disregarded where the period of overstaying ended before 24 November 2016
o where overstaying on or after 24 November 2016, leave was never the less granted in accordance with paragraph 39E of the immigration rules