FLR(FP) refused, appeal allowed from outside UK

[acespace]

hi everyone,
I Need help with FLR (FP) refusal. I applied for Flr(Fp) in Sep 2015.
I received my refusal letter 2 days ago with "RIGHT OF APPEAL OUtSIDe
UK". Now i am confused what to do about it. I arrived in uk in Feb 2007,
I have been on Tier-4 Since then. My last leave was also on tier-4
till April 2015. My Section 3c was on so i decided to wait for 10 years
ILR. But since thir letter arrived 2 days it says i am liable for
removal and detention and leave is finished. What should be my best option?
Leave the country and appeal?I have to wait till Feb 2017 to get ILR. Any
Help and suggestions would be greatly appreciated!

[avjones]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

[Casa]

hi everyone,
I Need help with FLR (FP) refusal. I applied for Flr(Fp) in Sep 2015.
I received my refusal letter 2 days ago with "RIGHT OF APPEAL OUtSIDe
UK". Now i am confused what to do about it. I arrived in uk in Feb 2007,
I have been on Tier-4 Since then. My last leave was also on tier-4
till April 2015. My Section 3c was on so i decided to wait for 10 years
ILR. But since thir letter arrived 2 days it says i am liable for
removal and detention and leave is finished. What should be my best option?
Leave the country and appeal?I have to wait till Feb 2017 to get ILR. Any
Help and suggestions would be greatly appreciated!

You've been given the Right of Appeal, but not in the UK. The HO have toughened up in order to:
"prevent repeat rights of appeal and prevent delay from appeals against unfounded claims"
Hanging on until Feb 2017 in the misguided hope that you will be granted ILR under long residence won't work.

[acespace]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .

[acespace]

hi everyone,
I Need help with FLR (FP) refusal. I applied for Flr(Fp) in Sep 2015.
I received my refusal letter 2 days ago with "RIGHT OF APPEAL OUtSIDe
UK". Now i am confused what to do about it. I arrived in uk in Feb 2007,
I have been on Tier-4 Since then. My last leave was also on tier-4
till April 2015. My Section 3c was on so i decided to wait for 10 years
ILR. But since thir letter arrived 2 days it says i am liable for
removal and detention and leave is finished. What should be my best option?
Leave the country and appeal?I have to wait till Feb 2017 to get ILR. Any
Help and suggestions would be greatly appreciated!

You've been given the Right of Appeal, but not in the UK. The HO have toughened up in order to:
"prevent repeat rights of appeal and prevent delay from appeals against unfounded claims"
Hanging on until Feb 2017 in the misguided hope that you will be granted ILR under long residence won't work.

THanks for that i have read this as well. What should i do in my situation?whats the best bet?by solicitor told me they can challange the decision or also apply for JR

[Obie]

They could continue certifying the FLR (o) , and that will be a further waste of cash. I think JR will be best.

[acespace]

They could continue certifying the FLR (o) , and that will be a further waste of cash. I think JR will be best.

Thanks for that . If I go for flr (o) , would I be able to as my leave 3c is finished and liable to be removed . Also if I go for Jr and pap before that how much time can I get and would my 3c be reinstated again ? Because in Jan 2017 I can apply for 10 year ILR . Please advice

[avjones]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .

You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.

If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.

[acespace]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .

You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.

If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.

Thanks . What's the best solution for me given my situation .
Can I apply for student again ? My tier 4 expired on April 2015 . I applied for extension then I varied that to flr fp . Also what's the best way for me to continue my 3c so I can get ILR in next January 2017 . Thanks

[acespace]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .

You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.

If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.

infact the question should be what's the best way to reinstate my 3c leave . If inchallange this decision would it make any difference. Thanks

[acespace]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .

You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.

If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.

Dear AV ,
I wanted to ask if I apply for a new application of eea partner within 28 days . Would be 3c be reinstated as I know eea application can take longer . If by that time I am eligible for Ilr
10 years route can I withdraw/vary the eea application and apply for Ilr ? I have a gf who is eea national. Thanks

[acespace]

Hi everyone ,
My flr fp got refused and certified under s94 , I was given out of country appeal . I have heard from legal experts on here and other placed that certification on claim can be challenged . Is this something that has happened with anyone before and was their certification removed . How realistic is the prospect of certification being removed ??

[acespace]

Hi everyone ,
My flr fp got refused and claim certified , I have been given out of country appeal . My last leave was tier 4 . Is it possible to apply for tier 2 work permit by going back to home country within 28 days of refusal ? Would the old rules apply to me when switching from tier 4 tier 2 I-e 21K salary with no resident labour market test . If by miracle I can find a sponsor maybe I can go back and apply for tier 2 and come back . Thanks
Flr fp refused can I apply for tier 2 ?

[CR001]

http://www.immigrationboards.com/announ ... t5722.html

[acespace]

Hi everyone ,

I wanted some urgent help, flr fp got refused and certified last week . I came in uk in Feb 2007 and have been on tier 4 ever since . I was advised by solicitor that they will challenge my certification first and then go for JR . I want to go for ILR in Jan 2017 . Another option is to go for fresh application for flr fp again to gain 10 month . My question :
1)Can I go for this route for fresh application according to 28 days rule as I am liable to be removed and will the 3c be counted towards Ilr ?
2) if my flr fp fresh application is accepted within 28 days it will get me max 4-5 moths which leaves me 5 months more . Can i vary it with flr fp again with new grounds or flr (o) ?
3) if that's works can I then vary 2nd fresh application to ILR after 10 years are over in Jan 2017 .
4) how many times a person can vary an application ?
Please let me know as help will be appreciated

[acespace]

You need specific advice on your own circumstances.

However, this refusal with no in-country right of appeal stops 3C leave. If you do nothing, you won't carry on accumulating it for ILR.

thanks for advise . I have been advised by solicitor that they can challange this decision. Also they have an option for doing Judicial review and PAP before that.Also i was told that i could apply for FLR(o). When i asked them how can i apply for that as my 3C is no longer valid they said they can use the 28 day rule. Any further advise. bytheway my claim was certified under 94 .

You can challenge it ONLY by way of judicial review. Your 3C leave will not continue if you use JR, but would be reinstated if (and only if) you win your JR against the certification. you will only win your JR if there are good human rights grounds under the FLR (FP) so that the Home Office erred in law in certifying it as manifestly unfounded.

If you make a new application within 28 days your s.3C leave does NOT continue. You will not have a right to work, for example. But if that application is subsequently granted, the time will not be held against you as unlawful.

If I apply for a new application within 28 days and it goes on until 5 months by that time I am eligible for Ilr , can I vary the new application to Ilr (lr) . Also my solicitor wants to submit further representations before pap and jr as they want to elongate on the rejection grounds . If I go for that does the time spent during further representations counts towards Ilr ? Thanks

[CR001]

Multiple Posts Forum T&Cs (click)

[acespace]

Hi there ,

Is it possible to put an application for set (lr) on 10 years basis before 28 days days . I want to apply for it 6
Months before. Is there a chance they could send the application back as invalid ? Or refuse it? If refused would I get appeal right thanks .

[CR001]

No you can't. Your application will be refused as you are applying too early.

[acespace]

No you can't. Your application will be refused as you are applying too early.

thanks for that. Will it be refused after the decision has been made?if yes then would i get a right of appeal?if not then if i apply before 28 days would the application be sent back as invalid?please let me know

[syedadeeltalha]

No you can't. Your application will be refused as you are applying too early.

thanks for that. Will it be refused after the decision has been made?if yes then would i get a right of appeal?if not then if i apply before 28 days would the application be sent back as invalid?please let me know

I got same case my visa is running out 6 month before completion of 10 yeaars !! if i apply 6 month early will i get appeal chance and 3C will conti ....?

[vinny]

No you can't. Your application will be refused as you are applying too early.

thanks for that. Will it be refused after the decision has been made?if yes then would i get a right of appeal?if not then if i apply before 28 days would the application be sent back as invalid?please let me know

If your application fails to meet the requirements of the rules at the time of the decision, then it's likely that they will refuse it and keep the fees.

[martanelly]

That is exactly why I asked for legal help. My solicitor said that ( as mentioned in the posts above), the HO is becoming more and more difficult. i.e give you outside the UK right of appeal.

I was refused my FLR(0) and was asked to send a letter to the case worker and so now I am just waiting for my official refusal hoping they will give me in country right of appeal.
I hope it all works out for you.
Keeps us posted.

[syedadeeltalha]

what will be best option to pass 6 months legally to complete 10 years

[martanelly]

I think every case is different.

I had good reasons to extend my visa and they refused it and I have 2 months until I can apply for ILR.

I just hope I am given the in country appeal.