SET(M) when to apply

[MrGamgee]

I do apologise if I'm incorrect in my previous questions. I'm just anxious as to whether I should apply before expiry date and book a biometrics appointment before the expiry date, or whether I should wait for the biometrics appointment to be after the expiry date to secure section 3C?

Is it supported by the immigration rules that you can submit a new application whilst you have a pending in country appeal before the expiry of your visa? Is it also the case that you wouldn't lose the right to appeal for the second application?

[zimba]

You seem to be reading the guides without understanding the context and making up your own interpretation of the procedures. I still do not understand why you are insisting on having section 3C Section 3C has NOTHING to do with your appeal rights and you do not lose any appeal right because of it.

Appealing a new decision is indeed a fresh claim. Appeals have nothing to do with immigration rules at all. The reason why you cannot apply for a new application while awaiting an appeal is because of section 3C. That is the context of what the guide says. When there is no section 3C, then that is not going to be an issue and you can have both a pending appeal and a new application in parallel. So the section 3C in this instance would be a disadvantage

[MrGamgee]

You seem to be reading the guides without understanding the context and making up your own interpretation of the procedures. I still do not understand why you are insisting on having section 3C Section 3C has NOTHING to do with your appeal rights and you do not lose any appeal right because of it.

Appealing a new decision is indeed a fresh claim. Appeals have nothing to do with immigration rules at all. The reason why you cannot apply for a new application while awaiting an appeal is because of section 3C. That is the context of what the guide says. When there is no section 3C, then that is not going to be an issue and you can have both a pending appeal and a new application in parallel. So the section 3C in this instance would be a disadvantage

Thank you for your help and for your patience with me, it is much appreciated. I think I most likely will apply using super priority before the expiry so I can rectify any issues should they occur as you said. Just to make sure, would I be eligible to apply for SET(M) 28 days prior to completing 5 years on FLR(M)?

[zimba]

correct

[MrGamgee]

Actually under family route rules, the ' insurmountable obstacle' is defined under Paragraph EX.1 which does NOT limit an obstacle to qualifying just to the requirements under appendix KoLL. In fact, it is quite extensive. I repeat again that the questions on the form are NOT intended as 'full disclosure'. You answer the form as per requirement under the rules.

The impact of a mental or physical disability or of a serious illness which requires ongoing medical treatment
Moving to another country may involve a period of hardship for any person as they
adjust to their new surroundings, whether or not they have a mental or physical
disability or a serious illness which requires ongoing medical treatment. But
independent medical evidence could establish that a physical or mental disability, or
a serious illness which requires ongoing medical treatment, would lead to very
serious hardship: for example, due to the lack of adequate health care in the country
where the family would be required to live. As such, in the absence of a third country
alternative, it could amount to an insurmountable obstacle to family life continuing
overseas.

See the guide: https://assets.publishing.service.gov.u ... tances.pdf

Can you please help me settle this question in my mind? If I ticked 'Yes' to this question on all previous FLR(M) applications but SET(M) I tick 'No', would this be classed as false representation or any contradiction that would lead to refusal? I'm just worried that they'll misunderstand that I'm not disclosing relevant facts.

[zimba]

No. That is not 'false representation' means.