ILR QUESTION - 3C leave related....

[alexis2000]

Hello, I wonder if someone can guide me here:

By the end of the next year I want to apply for my ILR as I will be reaching my 10th year living in UK. I have been reading HO information about the requirements however the details sound a little confusing. At the beginning of this year I went through a tier1 PSW appeal where I was automatically granted 3C leave to remain until the end of the appeal as that initial tier1 PSW visa application was sent in time. While my case was being dealt in high court I submitted a fresh visa application which was approved hence a new tier1 PSW visa was granted to me. Now the question is, do you think the HO will interpret that gap I had while awaiting for the tribunal's outcome as not valid leave to remain for the purpose of long term residency? I mean would the second visa application be considered as out of time?? In my view, technically it wasn't an out of time application as I had a valid 3C leave to remain.

I really appreciate your help.

[Obie]

Section 3C extends leave where a person with leave to enter or remain makes an in-time application (i.e. an application made before their leave expires), but where leave expires before a decision on that application is reached. Where a person has 3C leave, and his/her application is refused, 3C leave continues until appeal rights are exhausted. Section 3C only applies to in time applications. If a person submits an out of time application, they will have a gap in continuous lawful residence from the date their leave expired until the date that they are next granted leave, regardless of how long it takes for the decision to be made (see Example 5).
To prevent people becoming overstayers while exercising a right of appeal against a decision to curtail or revoke leave to enter or remain, section 11 of the Immigration, Asylum and Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter or remain is curtailed or revoked, Section 3D extends it while an appeal is brought and while it is pending and continues until appeal rights are exhausted.
Both 3C and 3D leave count as "existing leave to enter or remain in the UK", and therefore as lawful residence for the purpose of the 10-year Rule.

[alexis2000]

Thanks for the information.
You are correct 3C and 3D leave to remain work towards the 10 years long term residency however the guidance also says that a person is not entitle to submit a fresh visa application while the outcome of an appeal is pending. They don't show any case example similar to mine where my second visa application is granted while I had a pending appeal.

Thanks

Section 3C extends leave where a person with leave to enter or remain makes an in-time application (i.e. an application made before their leave expires), but where leave expires before a decision on that application is reached. Where a person has 3C leave, and his/her application is refused, 3C leave continues until appeal rights are exhausted. Section 3C only applies to in time applications. If a person submits an out of time application, they will have a gap in continuous lawful residence from the date their leave expired until the date that they are next granted leave, regardless of how long it takes for the decision to be made (see Example 5).
To prevent people becoming overstayers while exercising a right of appeal against a decision to curtail or revoke leave to enter or remain, section 11 of the Immigration, Asylum and Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter or remain is curtailed or revoked, Section 3D extends it while an appeal is brought and while it is pending and continues until appeal rights are exhausted.
Both 3C and 3D leave count as "existing leave to enter or remain in the UK", and therefore as lawful residence for the purpose of the 10-year Rule.

[luisfigong]

@ alexis

Here's hope for you. Had a similar situation like you, saw your post about "miracles do happen", made app while awaiting final appeal outcome.

- Granted FLR
- Now I got ILR

PM me if u need further details. Good luck

[aWilliam]

I have slightly similar case please someone can help.

My ILR was refused then appealed also was refused, and Upper Tribunal also refused to appeal.

My question is:

Can I apply for PSW as I am entitled?

[geriatrix]

I have slightly similar case please someone can help.

My ILR was refused then appealed also was refused, and Upper Tribunal also refused to appeal.

My question is:

Can I apply for PSW as I am entitled?

How do you think you are entitled?

regards

[aWilliam]

@ Sushdmehta. Thanks for your prompt reply.

I believe I have exhausted my appeals and all of them was dismissed. My lawyer believes that I should apply for PSW now, so I'm in doubt.

On 20th June 2010 I received my MA degree and now I have the certificate, the letter and bank statements. because of this I thought that I was qualified to apply for PSW or at least maybe from my country.

Can you tell me please if I should go back to my country and apply for PSW?

[geriatrix]

Please post queries regarding Tier 1 (PSW) in the relevant forum.


regards