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DIFFERENCE BETWEEN SECTION 3C AND SECTION 3D

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UKBA HUNTER
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DIFFERENCE BETWEEN SECTION 3C AND SECTION 3D

Post by UKBA HUNTER » Thu Feb 14, 2013 5:50 pm

Hello board,
The concept of section 3c and 3d looks easy but its practical application is really confusing even after reading the relevant chapter especially Private life and continuous residence one.
Indeed section 3c applies to in time application and cover the duration till decision and the duration when appeal can be brought and is pending. But the following concepts are really confusing.
1. During section 3c no fresh application can be made but guideline say if applicant situation change then he can vary its existing leave that is just like making new application. Then why they 1st stopping and then saying its just like new application.
2. Despite section 3c extend leave till decision and the duration when appeal can be brought or is pending. Then what is the function of section 3d and to which leave it actually applies.
3. What is the difference between refuse and revoke.

Gurus and moderator's attention requires.

Greenie
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Post by Greenie » Thu Feb 14, 2013 7:24 pm

Revoked means that a person's existing leave is cancelled, ie because it was obtained by deception or because the person has committed a serious criminal offence. Section 3D applies in these circumstances. Section 3c applies when leave expires when a valid application is outstanding.

The fact that a person cannot make repeated applications whilst 3c leave is in play has limited impact when an application is outstanding because the application can be varied. The real impact is if the application is refused, a person cannot simply make another application rather than or in addition to appealing once section 3c is in play which prevents him from making a further in time application and thus benefiting again from section 3c.

gaya
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Post by gaya » Mon Mar 04, 2013 8:01 pm

Dear Greenie,

A query here -

Date of expiry of WP was 21 June 2011
ILR application made on 21 June 2011
Decision received on 21 November 2011

Does this come under 3C? Or because I applied on the date of expiry of WP, section 3C does not apply here?

Please reply..

gaya
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Post by gaya » Mon Mar 04, 2013 8:28 pm

And yes, appeal was made at the right time.

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