peo appointment on hold, problem with 3c leave

[par2012]

hi,
i had peo appointment on 10 august 2017.unfortunatly the application is on hold for further investigation.

reason behind,
i applied for tier 4 visa on march 2014 which was refused on 30 april 2014 with an appeal right.then i applied for appeal on 21may 2014 which was allowed and i have been granted leave on october 2015.
now the case worker at peo said according to her system my visa was refused 30 april 2014 then appealed 21 may 2014.she was asking why i have taken 21days to apply for the appeal.and she is taking this appeal as an out of time appeal.so there was no 3c leave and she will count the time as a overstayer. other than everything is good with my application.
i explained that i have received that refusal letter on 8th/9th of may(can't remember) so i made the appeal within 10 working days.but she is counting the issue date from the letter instead of counting the receiving date.
now she gave me 2 weeks to write an valid explanation why the appeal has been late to submit with evidence.

anyone please help me so that i can come out of this.
thanks

[par2012]

anyone please

[zimba]

Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 says:

Late notice of appeal
(1) Where a notice of appeal is provided outside the time limit, including any extension of time directed under rule 4(3)(a) (power to extend time), the notice of appeal must include an application for such an extension of time and the reason why the notice of appeal was not provided in time.

(2) If, upon receipt of a notice of appeal, the notice appears to the Tribunal to have been provided outside the time limit but does not include an application for an extension of time, the Tribunal must (unless it extends time of its own initiative) notify the person in writing that it proposes to treat the notice of appeal as being out of time.

Did your appeal include an application for extension of time or did the tribunal notify you that it will be treat out of time ?
This will determine if your section 3C continued or not.

[par2012]

hi zimba,
thank you for your response first....
that was a straight forward appeal.i lounged that appeal after receiving the letter.tribunal deducted the money,recieved the acknowledgment letter and the date of the hearing.no such letter, anything about extension of time or no notification of out of time.even on the determination nothing mentioned about out of time.today i phoned tribunal, they confirmed me that my appeal was made on time. and the person on phone even surprised that this should not be a problem for the caseworker.tribunal ask me to send email so that they will write me that i made an on time appeal plus they will provide me the copy IAFT form as well.in between my employer frequently did ECS,them all showed i had right to work.so why should i have problem with my 3c?
case worker ask me the explanation within two week from my 10 august.
now what should i do? and i am looking forward to hear something from u.
thank you again

[bruteforce]

If you get anything in writing from tribunal, it should help you. You can explain to the caseworker that appeal was an in time appeal and confirmed by the tribunal official.

[zimba]

Send the confirmation from Tribunal with a covering letter saying that under the Tribunal Procedures rules 2014 your appeal has been logged in time and your section 3C therefore remained intact throughout the appeal process. Good luck

[par2012]

thank you again for response zimba and bruteforce
i send an email to the tribunal.i asked them to send me the confirmation in writing and a copy of IAFT-4 as well where it mentioned everything about my appeal.i will send with a cover letter as soon as i get the letter from tribunal.
hopefully i can come out.
by the way how long will it take for the case worker to give me the decision after receiving this letter?

and finally from my experience, anyone should avoid glasgow peo with complex cases.
thanks again

[par2012]

hi, thank you for help. i just received the letter and passport back from home office.waiting for brp.

[sucava]

Congrats mate
Just want to ask which centre you attended.

[par2012]

glasgow