ILR REFUSED applied 10 years residency gap seven month

[deeaa1999]

Anybody tell me please what is difference between 3c and 3d.

Reply appriciated

Do not have detail idea of these immigrationlaws, but you can find details of it in the HO website. Go to google and type section 3d of immigration law and you will get IDI - section 3c and 3d of immigration act 1971 (as amended)

[adamboston]

Hi deeaa can you please tell bit more about your visa gap? Do you mean the gap was created while HO was processing your application?

Thanks

Exactly. HO took so long to process and I am paying the price for it.

Did you apply before the expiry of your then leave to remain, if so then why didn't they apply Section 3C in your case which automatically extends the leave until the new visa is granted?

That is my biggest question. Why did they not applied section 3C? Its heart breaking. Thats what my solicitor has said in the letter to HO. Don't know what they will come back saying.

This sounds scary, I haved applied on 18th July and couple of my LTR applications were postal. In the covering letter I gave a reference of Section 3C just be at the safer side. I now await the coutcome.

[deeaa1999]

Anybody tell me please what is difference between 3c and 3d.

Reply appriciated

Chapter 18 2.3.6:

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.

Very good explanation

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.

[modanger]

Hi rizwan/deeaa,

My ILR case is still in the High Court awaiting to get premission for JR. I had 2 gaps now HO relied on a 1st gap. In pre action HO office accepted that my 2nd gap is not exit anymore as they withdrawn their decision but maintained the ILR refusal solely on 1st gap.

I have also made 2nd ILR application on 13 June 2011 as instructed by my Solicitor. I know that more chances that it will be regardless but at least i would get the right of appeal. I have not got any decision yet.

My MP has also sent a letter to the Immigration Minister that he should use his discretion by considering the real facts. My MP has made it very clear in documentary evidence that i have completed my 10 years lawfully.

Regards,
modanger

[modanger]

Hi deeaa,

Did you ask for SAR report. Can you please tell bit more about your visa gap? Are you meant that gap is created by HO? How will you prove it?

Thanks

modanger

[vinny]

Hi deeaa can you please tell bit more about your visa gap? Do you mean the gap was created while HO was processing your application?

Thanks

Exactly. HO took so long to process and I am paying the price for it.

Did you apply before the expiry of your then leave to remain, if so then why didn't they apply Section 3C in your case which automatically extends the leave until the new visa is granted?

That is my biggest question. Why did they not applied section 3C? Its heart breaking. Thats what my solicitor has said in the letter to HO. Don't know what they will come back saying.

Did they claim that the application was invalid?

[PaperPusher]

Vinny, it seems that the chronology goes something like this:

1:Applied in time
2:Application refused with right of appeal
3:Appealed but appeal dismissed
4:Requested reconsideration directly from UKBA but no decision
5:Applied again
6:Student application approved

The gap is between the appeal being dismissed and a fresh application being approved.

Case law actually backs UKBA up on treating it as a gap and refusing ILR.

There is this case for example:

http://www.ait.gov.uk/Public/Upload/j22 ... ladesh.doc

[vinny]

Thanks.

[rizwanpcsir]

Hi rizwan/deeaa,

My ILR case is still in the High Court awaiting to get premission for JR. I had 2 gaps now HO relied on a 1st gap. In pre action HO office accepted that my 2nd gap is not exit anymore as they withdrawn their decision but maintained the ILR refusal solely on 1st gap.

I have also made 2nd ILR application on 13 June 2011 as instructed by my Solicitor. I know that more chances that it will be regardless but at least i would get the right of appeal. I have not got any decision yet.

My MP has also sent a letter to the Immigration Minister that he should use his discretion by considering the real facts. My MP has made it very clear in documentary evidence that i have completed my 10 years lawfully.

Regards,
modanger

Dear modanger

What is happened your jr hearing did you attend it?

[modanger]

Dear Rizwan,

Please note that JR is a long process i am still waiting for JR permission.
Read this carefully that JR first step is

Pre action protocol
JR permission on papers (Dupty High Court Judge decides)
If JR permission refused then asking for reconsideration on oral hearing.
If granted then case gets listed for full hearing.

You must note that who ever lose the case will pay the damages.

Please tell me in details that if your appeal dismissed how did UKBA extend you visa?

You must be careful before lodging your claim in the High Court.
Mo

[rizwanpcsir]

Dear modanger thanks for your reply

When my student visa refused in 2006 I used appeal right and got dismissed thereafter I approach senior tribunal judge he also refused. Here in july 2006 now I used all rights of appeal and nothing left in my hand. I thought let's try this and thereafter I went back to ho and sent reconsideration request they didn't reply again I sent one more reconsideration request to ho still have'nt received any reply from them. Than in feb 2007 I try my luck and with help and blessing of Allah it was surprised ho extent my student visa even this time I don't had leave to remain and have used all rights of appeal already. Now after completing 10 years when I applied ilr ho refused and creat gap between july 2006 to feb 2007 about 7 month. But I am saying them I was not unlaw my reconsideration was pending in ho and between time I made fresh application and leave to remain granting. Now in pre action protocal my solicitor cover that gap with 3d law and told them 3d law cover if any application pending in ho that time will consider lawfull time. What do you suggest with you experience? How strong my case?

Regards

[PaperPusher]

Extremely weak. A request for reconsideration is not an application for leave to remain.

Dear modanger thanks for your reply

When my student visa refused in 2006 I used appeal right and got dismissed thereafter I approach senior tribunal judge he also refused. Here in july 2006 now I used all rights of appeal and nothing left in my hand. I thought let's try this and thereafter I went back to ho and sent reconsideration request they didn't reply again I sent one more reconsideration request to ho still have'nt received any reply from them. Than in feb 2007 I try my luck and with help and blessing of Allah it was surprised ho extent my student visa even this time I don't had leave to remain and have used all rights of appeal already. Now after completing 10 years when I applied ilr ho refused and creat gap between july 2006 to feb 2007 about 7 month. But I am saying them I was not unlaw my reconsideration was pending in ho and between time I made fresh application and leave to remain granting. Now in pre action protocal my solicitor cover that gap with 3d law and told them 3d law cover if any application pending in ho that time will consider lawfull time. What do you suggest with you experience? How strong my case?

Regards

[modanger]

Hi Rizwan,

I am sorry to hear about your ILR issue. According to my poor knowledge you need to seek highly skilled immigration QC (Queen's Counsel Barrister). I have seeked an advise from Ian Macdonald QC. I have paid about £500 an hour +VAT to prepare JR grounds. It was 5 hours + solicitor's charges.

Your case is solely based on SS disretion. I cannot comment about what winning chances are in the High Court.

Best of luck.

mo

[rizwanpcsir]

Dear modanger

Normally how long it's take time to reply of pre action protocal application? What is the next step will be after pre action?

Kind regards

[rizwanpcsir]

Hi every body please advice me on my current sution.
My solicitor sent pre action protocol application against my ilr refusal. Today I received refusal HO not reversed decision. Anybody tell me please what step should be next now?

Kind regards

[vinny]

Your solicitor should advise you!

[rizwanpcsir]

Dear vinny thanks a lot for your reply, you know solicitors always say go forward. But please if you little bit advice me it will be huge some thing for me. I just want know how much chance success my ilr in jr? if I loose case in jr. HO will claim own representive cost also from me?
Kind regards