emran habib wrote:Dear Readers!
Whoever made an in time appeal and is on 3C an 3D leave but want to withdraw their existing appeal; here's the answer for you:
The fact that you have withdrawn your appeal is not a problem provided that you submit your application for ILR based on long residence within the 28 day period.
Giving notice of appeal and then submitting a new application after withdrawing the appeal is fairly common.
If you consider that your application for long residence has a better chance of getting an approval than your appeal (for whatever reason) then this was the correct thing to do.
You should focus on getting the ILR application drafted correctly and ensuring that you gather all the necessary supporting evidence that you will need to submit with it. The key is not making a mistake in the drafting of the application and ensuring that you do not miss out any documentation. Make a list of your documents early. Collect and collate them. Revisit the draft list and consider any further documents that might improve it. Add them as necessary.
The facts you have state (no convictions, time inside UK) are consistent with an eligible application for ILR so the application will certainly be considered.
If the application is refused then you will be free to appeal it, or submit a further application for another category or visa, or a revised application for ILR correcting any omissions/errors that are made in the first application for ILR...
I hope, this clarifies...
Hi emran habib,
1.Could you ask your sollicitor whether you still have the "Right to Work" during the waiting time on the new application after withdrawing your appeal and submitting a fresh application? Bearing in mind that your previous leave would have expired many months ago.
2.Could you also ask him/her to confirm that you will still have the "Right of Appeal" if your ILR(LR) is refused and you voluntarily curtailed your Section 3C/3D by withdrawing your appeal and submit a fresh application.
3.Has any one he/she knows ever been granted the "Right to Work" and "Right of Appeal" after withdrawing an appeal and submitting a new applicaton?
4.It will be great if you could communicate those findings to this forum.
The Home Office guidance note says:
It is often not possible to decide an application for an extension of leave until after the
period of leave has expired. To prevent applicants from becoming overstayers
through no fault of their own, section 118 of the Nationality, Immigration and Asylum
Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".
To benefit, a person must have existing leave to enter or remain at the time when
their valid application is made. Section 3C then prevents such an applicant becoming
an overstayer during the period in which their application for a variation of leave
remains undecided and, thereafter, while an appeal against any refusal could be
brought or is pending.
To prevent people becoming overstayers while exercising a right of appeal against a
decision to curtail or to revoke leave to enter or remain, section 11 of the
Immigration, Asylum and Nationality Act 2006 added a section 3D to the Immigration
Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends
it while an appeal could be brought or is pending.
Have a look at the following link and look for Section 5:
http://www.ukba.homeoffice.gov.uk/sitec ... schapter1/
I suspect that by withdrawing the appeal you no longer have valid leave to remain and therefore the "Right to Work". But again, I'm not a legal expert and your clarification + any validation from senior gurus from this forum will help build a better understanding and what to do.
Cheers,
