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Visa refused again: under section3C please help

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

pravinboppuri
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Visa refused again: under section3C please help

Post by pravinboppuri » Thu Jun 23, 2011 10:45 pm

Dear All,

I need your expert advise and guidance please, as my tier 1 general applicaton has been refused again.
Initially I made an application before the 15th jan 2011 as it was expiring, which was refused in feb and was given the right to appeal, which I did and had an oral hearing date on 20 th April 2011.
I was worried that I might not win my appeal so I made calls to the tribunal, home office and my solicitor, and was advised that I can make a new application whilst I had an pending case with the tribunal. So I made a new tier1 general app on the 20th and the same day I withdrew my appeal.

Now they have refused my 2nd application based on these comments below
" while your leave to remain has extended as the virtue of section 3C you are not entitled to make a new application. You made an application on the 20th of April, after you lodged your appeal and section 3C came into force. As a result this application cannot be considered and a refund of the fee has been arranged"

I'm very disturbed as my partner is heavily pregnant and she is due anytime, I have a permanent job as well.

I need help from senior moderators and experts.

Looking forward to hear from you.

Pb

vinny
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Post by vinny » Thu Jun 23, 2011 11:40 pm

What is the status of your appeal now? Have they accepted its withdrawal or is it still continuing?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pravinboppuri
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Post by pravinboppuri » Fri Jun 24, 2011 6:27 am

Hi vinny,

They have accepted my withdrawal and sent me a confirmation. I really don't know what to do?

PB

mulderpf
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Post by mulderpf » Fri Jun 24, 2011 8:12 am

So, let me just check for me understanding:

Your visa expired 20 January 2011 and you made an application shortly before that (15 January).
Your visa was refused in February and you decided to go an appeal route.

At this point, the only thing that kept you in the country legally was the fact that you had an outstanding appeal, which you have now withdrawn?

Personal opinion is that the only chance you had, was the appeal and even that looked almost impossible to win by going with your previous posts (it just seemed like you had a very incomplete application with lots of missing supporting documentation) and now you went and withdrew it. Your new application was made very much out of time and in the old days it would have had to have been an application for leave to enter (from outside the UK), but that option wasn't available at the time. From my point of view, I don't see that there's much more you can do as you withdrew the last chance you had to remain here. Unless anyone else has some bright ideas....

pravinboppuri
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Post by pravinboppuri » Fri Jun 24, 2011 9:06 am

Hi,

thanks for the reply, I have made that decision to withdraw after consulting the tribunal, home office and my solictor. Everyone came up to me and advised me that i can always make a new application whilst my appeal has been decided because my old visa extends automatically whilst on appeal and i am eligible to make a fresh application within the country.

Honestly i didnt have any chance of winning my appeal. Now my new application was done by my solicitor on the grounds of what ever was missing in my first application and it was perfect. No one told me about the section 3C rules. I am waiting for my solicitor to get back to me with new ideas. I also called the home office, they advised me to make a new application and add in a very good covering letter from my solicitor on why they should accept my application and how wrongly i was advised.

The letter from home office does not give any information on what i should do from here?

At this point i just wish i had my calls recorded when i was speaking to the tribunal and home office.

I am just praying for ideas.

PB

mulderpf
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Post by mulderpf » Fri Jun 24, 2011 10:25 am

That really is the only option you have. Technically, the day you withdrew your appeal, your section 3C leave expired and you became illegal in the UK. Just follow that advice and hope for the best. You are pretty much out of any other options to remain in the UK.

pravinboppuri
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Joined: Fri Jan 14, 2011 3:54 pm

Post by pravinboppuri » Fri Jun 24, 2011 10:41 am

Hi,

I know, but i am like totally disturbed with the situation i am in at the moment.
I am waiting for my solicitor's advise by the end of this weekend, as she told me that you cannot leave the country at the minute as my partner is booked in the hospital here and will go into labour anytime. But on top of that i have a really good job and my whole career will be ruined if i go back home as i will not be able to compete with the competition in IT and top of that i have still so much loan to clear. This job meant everything to me.

anyways more idea's are welcomed as i need to act very soon with the home office.

pb

innocentdevil
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Post by innocentdevil » Fri Jun 24, 2011 11:01 am

pravinboppuri wrote:Hi,

I know, but i am like totally disturbed with the situation i am in at the moment.
I am waiting for my solicitor's advise by the end of this weekend, as she told me that you cannot leave the country at the minute as my partner is booked in the hospital here and will go into labour anytime. But on top of that i have a really good job and my whole career will be ruined if i go back home as i will not be able to compete with the competition in IT and top of that i have still so much loan to clear. This job meant everything to me.

anyways more idea's are welcomed as i need to act very soon with the home office.

pb
hello mate,
I feel very sorry for you on your situation. Have you still got your appeal in progress ? also, as your wife in heavily pregnant, it is a very unusual situation and I am sure the home office will understand that.

did you go through the solicitor which you are currently dealing with? If your lawyer hasn't given you the right advice then they are to blame for the mess you are in.
all I would say is chin up as good or bad time, it passes.

pravinboppuri
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Post by pravinboppuri » Fri Jun 24, 2011 1:38 pm

Hi,

I am waiting for my solicitor to come up with other options as she has dealt with similar applications in the past which have been successfull. I wouldnt know how but waiting for her response, unless senior moderators have more idea's for me.

PB

mulderpf
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Post by mulderpf » Fri Jun 24, 2011 1:52 pm

It is a really tough predicament that you are in and make sure that you have a really good solicitor working on this for you. Whilst there might be some ideas that could still come up from here, you really need the best help in the world to make this work for you. The fact is that you are also an overstayer now, so things are just becoming more difficult than they are (sorry if it sounds harsh, but someone should have warned you before you withdrew the appeal of the implications!!!).

Don't let this get you down though - there are too many opportunities in life to let something like this get to you.

nionlight
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Post by nionlight » Fri Jun 24, 2011 2:26 pm

While you wait for your solicitor, contact some other solicitors and discuss with them. I am not sure how good your solicitor is, but if she was that good I wonder how she let this happen and ask you to withdraw appeal before getting written confirmation that home office will accept your new application if you withdraw appeal. Anyway what happened has happened cant change it. As some one mentioned, you really do need the best and CUNNING consultant to find loop hole and sort this for you ASAP. check the following:

www.permits2work.co.uk
www.still-unclear.co.uk
www.medivisas.com
www.visa-direct.co.uk

pravinboppuri
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Post by pravinboppuri » Fri Jun 24, 2011 3:15 pm

thanks, i'll make some calls to those wesbites you have given me, Hopefully someone will come forward to give me some idea's

PB

hussainkothari
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Post by hussainkothari » Sun Jun 26, 2011 12:19 am

Sorry to hear your situation mate. I don't meant to make your situation worse, but now that you don't have a valid work visa, aren't you suppose to notify this to your employer and cease work immediately? I am just thinking aloud, probably the seniors can confirm.

-H

pravinboppuri
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Post by pravinboppuri » Sun Jun 26, 2011 12:04 pm

i will have to notify work but I am waiting for my solicitor's advise on monday as she has contacted council for advise.

Another solicitor has advised me to make a decision review on my application as they have not even considered looking into my application. I dont know what that means but I will be taking a decision this week that i have never taken in my life. Meanwhile gathering all the necessary information on my case from seniors.

PB

pravinboppuri
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Post by pravinboppuri » Sun Jun 26, 2011 12:28 pm

@Vinny


Do you think there is any hope in my case? can I do something about my withdrawn appeal as I was advised wrongly? Is there any loop hole I can take out to fight my case?

PB

Aryan2013
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Post by Aryan2013 » Sun Jun 26, 2011 1:52 pm

pravinboppuri wrote:i will have to notify work but I am waiting for my solicitor's advise on monday as she has contacted council for advise.

Another solicitor has advised me to make a decision review on my application as they have not even considered looking into my application. I dont know what that means but I will be taking a decision this week that i have never taken in my life. Meanwhile gathering all the necessary information on my case from seniors.

PB
Sorry to hear about your case but I am wondering what sort of solicitor is this one?? Looking for advice from council?? Also, I'm wondering what council will know about immigration??

Aryan2013
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Post by Aryan2013 » Sun Jun 26, 2011 1:58 pm

pravinboppuri wrote:@Vinny


Do you think there is any hope in my case? can I do something about my withdrawn appeal as I was advised wrongly? Is there any loop hole I can take out to fight my case?

PB
You may have been advised wrongly but at the end of the day, its your call.

I can only say that this time, take your time, do your research and then make your call.

Going for JR may be an option but then its a costly process and one should not go for JR unless and until its 100% win.

pravinboppuri
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Post by pravinboppuri » Sun Jun 26, 2011 4:12 pm

when she meant council, she meant Barrister. I wouldn't know what will be her advise, but ill keep you all posted

pravinboppuri
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Post by pravinboppuri » Sun Jun 26, 2011 4:24 pm

Finally after all the negative comments ( no offence ) someone has come up with an option.
How can i apply for Judicial review, where can i get more information on this. I was advised by another solicitor the same thing, should I go for it? please provide me more info on this.

thanks

PB

rajesh_kumar01
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Post by rajesh_kumar01 » Wed Jun 29, 2011 7:44 am

pravinboppuri wrote:Finally after all the negative comments ( no offence ) someone has come up with an option.
How can i apply for Judicial review, where can i get more information on this. I was advised by another solicitor the same thing, should I go for it? please provide me more info on this.

thanks

PB
Why was your application refused ? If reason was a valid one then it doesn't matter how much money you give to these advisers nothing will happen. but if it was due to mistake of HO the you will get it.
Are you legal in this country now ?

vinny
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Post by vinny » Wed Jun 29, 2011 8:10 am

pravinboppuri wrote:Finally after all the negative comments ( no offence ) someone has come up with an option.
How can i apply for Judicial review, where can i get more information on this. I was advised by another solicitor the same thing, should I go for it? please provide me more info on this.

thanks

PB
See also JR.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hussainkothari
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Post by hussainkothari » Tue Oct 04, 2011 3:17 pm

Bumping up this thread to know what happened to the OP.

pravinboppuri
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Post by pravinboppuri » Thu Oct 13, 2011 11:17 am

I have been fighting my case since January, as you see my previous posts. My last post was that I was refused on “Section 3câ€

geriatrix
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United Kingdom

Post by geriatrix » Fri Oct 14, 2011 11:13 am

Suggestion - Rather than asking others, who you wish to seek answers / feedback from, to read through your scattered posts on the forum, it will be better that you continue under one topic - so that people who may wish to respond to you can read your case in its entirety at one place. Not everyone may want to spend time and effort to search the forum for various topics you have created to get a gist of your problem(s)! and then be able to respond to your current queries.

Having read your previous posts and topics, it appears you have been making mistakes right from the time you applied for extension first time in Jan 2011 - either due to your own ignorance or because of (supposedly) professional advice from "incompetent" solicitor(s) and/or advisor(s).

From your previous posts, it appears that:
1. Your in-time application for leave to remain (extension) was refused because you did not provide valid evidence(s) - as specified in the policy guidance - with regards to your qualification and earnings from self-employment.
2. You were given the right to appeal and you appealed within the stipulated time (perhaps to buy time and extend your stay in the UK, rather than with the aim getting a "wrong" decision overturned).
3. You submitted a new, out-of-time application for leave to remain while that appeal was still pending - which you cannot do, according to law, and therefore this out-of-time application was also refused (or returned as invalid). If I understand it correctly, you made an out-of-time application on the day of your appeal hearing (20-Apr) and before you received conformation of withdrawal of appeal?
4. You submitted another new, out-of-time application for leave to remain on 21-Jul-11, and this time again, without valid evidence(s) of your previous earnings from self-employment certified by a registered chartered accountant (as specified in the policy guidance) - and perhaps missing other mandatory documentary evidence(s) as well.
5. You received communication of refusal of your (2nd) out-of-time application on 01-Sep-11.
6. On 28-Sep-11, 28 days after your application was refused and at a time when there was no new application outstanding with UKBA, you posted evidence(s) of earnings from self-employment certified by a certified chartered accountant to the caseworker who had already decided upon (and refused) your earlier application.
7. You are now trying to contact the caseworker, who since 01-Sep-11, has nothing to do with you / your application.
8. Given that you have made repeated attempts to extend your stay in the UK which have been refused on (as it appears) valid grounds, UKBA has retained your passport(s) - perhaps taking the view that you have been making desperate attempts to somehow extend your stay in the UK despite not meeting the specified requirements for leave to remain as a Tier 1 (General) migrant in any of the applications you have submitted since Jan 2011.

Correct me if I have misunderstood the facts and/ or have summarized your case history (as above) inaccurately.

Else, the question is:
pravinboppuri wrote:Now how do I chase the case worker
Why are you trying to do that? Neither does he / she has an application from your end with him/her nor is he/she the one who has your passport(s)! Does the letter from UKBA tell you to contact the caseworker?
Life isn't fair, but you can be!

pravinboppuri
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Post by pravinboppuri » Fri Oct 14, 2011 12:30 pm

Hi

Thanks for the reply, please read my comments below:

1. Yes, at The time of my appeal i was misguided by my imcompetent solicitor and withdrew my appeal and made a new out of time application with new evidence to support my emp+self earnings. My mistake was that I should have mentioned that i had withdrawn my appeal. Hence the Home Office refused my application based on 3c rules.

2. I had corrected that and requested them to reconsider outside immigration rules, which they did, but refused again on the accountant's documentation. This again was my mistake of not checking the qualification of my accountant.

3. Now i have again corrected this with an accountant who is certified. The reason i was late in sending them a response is because the documents were produced to me by my solicitor on the 19th as he was away from the country and i had no access to the post. (Once again incompetant solicitor and my bad luck), i have produced evidence to the Home Office and reported this to them.

I am only trying to correct the application that i made in Jan 2011 and fighthing to stay in the country as I had a permanant job and lost the job as i dont have a work permit. My employer are willing to take me back if i sort my status out.

If you call this "Buying time to extend my stay in the country", then YES, i am buying time to stay in the country for a better life.

Now I am waiting for their response. Its almost been three weeks. I need to know an anwer from them so i can atleast start booking flight tickets and start selling everything I have here in the country from the past 8 years.

Regards,

Pravin

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