Section 3c if denied

stephalphs · Post by **stephalphs** » Mon Nov 28, 2011 3:25 pm

Can someone please advice me on what will happen to the protection under section 3c if application is denied? And subsequent appeal denied also?
This is because I want to make an application and will be denied if I dont have a document, but my lawyer said she will ask them to hold on till its sent, but you can never know.
Assuming decision was made before they receive this document and I get denied, will I be classed as an overstayer or will i still be protected under section 3c so I can leave immediately after I get the rejected letter?
Thanks in advance

Post by **Lucapooka** » Mon Nov 28, 2011 5:48 pm

It's very simple: you can vary an application that is undecided but you can't vary an application that has been refused and in waiting for appeal.

stephalphs · Post by **stephalphs** » Mon Nov 28, 2011 5:54 pm

Thanks Lucapooka for replying. But what if I do get rejected after everything, would I have overstayed and worked illegally? referencing the advice you gave here:http://www.immigrationboards.com/viewtopic.php?t=91014
if she withdraws the application; will she have to declare she overstayed and the husband worked illegally?
In otherwords if I get denied, will I have to declare that I overstayed and worked illegally while my case is being decided? I know section 3c protects but am confused if it protects denied application as well.
Thanks in advance

Post by **Lucapooka** » Mon Nov 28, 2011 6:28 pm

If the visa is refused and the appeal denied and you then leave, you will not have overstayed or worked illegally. But you will have to declare these refused applications and appeals in any future applications for entry clearance.

stephalphs · Post by **stephalphs** » Mon Nov 28, 2011 6:40 pm

Thank you very much Lucapooka.
Can you please give me a home office reference for this? Or a case reference where it has happened before?
Thanks in advance!

diehard · Post by **diehard** » Mon Nov 28, 2011 7:19 pm

Hi
Not sure if this helps u

My uk visa was valid til feb11 and i got refusal in march11. I appealed to the first tier and upper tribunal, the upper tribunal refused my app in sept11 and i rang home office , they said i am not classified as illegal or over stayer as long as i leave as soon as possible,
my lawyer said 28 days unless i want to appeal further

Also i worked for a big company and HR said i am allowed to work as long as my appeal is ongoing

stephalphs · Post by **stephalphs** » Mon Nov 28, 2011 8:15 pm

Thank you very much die hard. You have shed light to my case. I hope your appeal comes tthrough if you decide to.
Thanks Lucapooka for your invaluable help and advice.
Now I can submit my application with clear mind.

Thanks again

diehard · Post by **diehard** » Mon Nov 28, 2011 8:55 pm

welcome and please keep hold of all your appeal papers
and wish u the best

stephalphs · Post by **stephalphs** » Thu Feb 16, 2012 10:11 am

Thank you diehard.
Luckily I wont need to go through appeal.
Received my documents now and I think it was successul.
Waiting for BRP now

ashiec · Post by **ashiec** » Wed Jul 18, 2012 1:44 pm

So how soon do you have to leave the country if upper tribunal dismiss your appeal?

can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?

HELP!!!

ashiec · Post by **ashiec** » Fri Jul 20, 2012 9:59 am

ashiec wrote:So how soon do you have to leave the country if upper tribunal dismiss your appeal?

can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?

HELP!!!

So how soon can you leave the country (so you don't break your long residence) if upper tribunal dismiss your appeal?

can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?

HELP!!!

cs95tdg · Post by **cs95tdg** » Fri Jul 20, 2012 11:48 pm

ashiec wrote:
ashiec wrote:So how soon do you have to leave the country if upper tribunal dismiss your appeal?

can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?

HELP!!!
So how soon can you leave the country (so you don't break your long residence) if upper tribunal dismiss your appeal?

can someone please give a solid answer as to HOW SOON do you have leave and reapply? so that you dont break your long residency?

HELP!!!

I see you have a seperate post for this question & have had a few opinions given... http://www.immigrationboards.com/viewto ... ht=#679936

I'd personally suggest that you contact a immigration consultant as you have questions which are very specific to your circumstances & not general in nature. While other forum members can comment and provide their opinion, that is all it will ever be. The solid answer you are after I'm afraid will be something you'll find difficult to find on a forum where none are immigration specialists/consultants or solicitors.

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Section 3c if denied

Section 3c if denied