Advice needed about court of appeal

Hi everyone, i need information about the section 3 C/D leave while I've applied for PTA to UT for Court Of Appeal.
Brief history about my case

Tier 1 Entrepreneur applied June 2013(refused)
hearing at FTT January 2014 (appeal dismissed)
Hearing at UT April 2014 (appeal dismissed)
Received judgement on the 4Th of June.
Applied for Permission to appeal to UT for Court Of Appeal on the 12th of June.

Here's my question
As per solicitor, my section 3 leave will continue while we wait for a decision about the PTA. Suppose I get the permission my leave under section 3 will continue.
However if upper tribunal refuses I will go directly to court of appeal, will my leave under section 3 continue at this stage ?
And is it guaranteed that my case will be heard at court of appeal? Or they can refuse to hear after assessing?

Will complete my 10 years in November this year.
Thank you for reading this.
Regards
Zaidi

You'd have to have some important point of law to go to CoA, not purely just because you've appealed.

@ Zaidii, your section 3C continues until after the final judgement from Court of Appeal if you are able to appeal to the Court of Appeal.

https://www.gov.uk/government/uploads/s ... 1.0EXT.pdf


Section 3C extends the leave and any conditions attached to it:
 until the application is decided or withdrawn (s3C(2)(a))
 for the period the applicant can make an in-time, in-country appeal (s3C(2)(b)), and
 for the period whilst any appeal is pending (if the applicant is in the UK) (s3C(2)(c)).

Under sections 3C(2)(c) and 3D(2)(b) leave continues while an in-country appeal is pending. Under section 104 of the Nationality, Immigration and Asylum Act 2002 (see related link) an appeal is pending from the time it is brought until:
 it is finally determined
 withdrawn, or
 abandoned.
Once an appeal is no longer pending, 3C or 3D leave will also stop.


Finally determined appeals
An appeal is not finally determined while an application for permission to appeal to the Upper Tribunal (or, if applicable, the Court of Appeal) can be made. When all appeal rights have been exhausted, the effective date on which an appeal or permission to appeal is finally determined is the date on which the appellant receives notice or (in the Court of Appeal) judgment is given.

Hi amber & Olasunkanmi I got reply yesterday permission not granted, letter states that I can apply to court of appeal in 28 days.
Any idea about the response time from court of appeal?
I'll wait till the 28th day to apply.
Lastly I'm wondering if anyone can advice about the 10 year long term qualifying time start.

Is it the visa issue date if you've arrived within 90 days
Or the day when you arrive?
Considering the entry clearance was the student visa.

Many thanks
Zaidi

Do you actually think the Home Office have made a mistake in the processing of your application?

Or are you just trying to stretch this out as long as you can in order to get long residence ILR?

@Zaidii

In another post you mentioned that your visa was refused because your CAR doesn't show the date of appointment. If that's really the case, then it's just simply a matter of verification from the companies house.

Is there anything else about all the dismissals?

@attahass
Yes that's the only reason that I supplied the online version of CAR, which dosent contain the date of appointment. There was other documentation from which the case worker could've established the date of director's appointment.
I was relying on evidential flexibility, but few days before my hearing at FTT it was overturned. My appeal got dismissed at FTT then UT. PTA not granted now it's the last avenue apply to COA.
I'm trying to fight my case on article 8 been here 9 1/2 years

@ Zaidii, you should apply to court of appeal within 28days as planned, its a good idea as you should prolong it for as long as possible in order to reach your 10yrs.

If your business is actively trading, then get a good solicitor and you might be lucky to win your case if your only refusal point is the CAR issue.

Thanks Olasunkanmi,
Yes the business is active and trading invested £7300 so far however not investing anymore until my appeal get sorted.
Just wondering if you can advice on my question asked in previous post regarding the qualifying time start for 10 year ILR route.

Many thanks
Zaidi

A quick update on my case, I've sent my appeal to court of appeals.
Just wondering what are the response time like from court of appeal?

Hi Zaadi,
My advise to you is to make a fresh application as your appeal would be dismissed at the Court of Appeal.I'm talking from experience

@sky100

Hi sky100,
I've couple of quick questions
Did you get a hearing at court of appeal? U said that u were talking from your own experience.
And if you did get a hearing what is the time scale like for them to respond?

Regards
Zaidi

Am just wondering why your appeal was refused. Did you get a barrister to represent you?

Lola.

@lola
Few days before my FTT determination evidential flexibility was overturned by court of appeal. And my barrister based the whole case on evidential flexibility.
We added article 8 at upper tribunal however it got dismissed too.

Was Article 8 dismissed because it was never raised in your initial document or was it dismissed because you could not meet the rules.

@ Zaiddi , I sought for permission to appeal on paper at the Court of Appeal in January 2014, permission refused in April, then I applied for permission to appeal at an oral hearing which was dismissed in July. I just made a fresh application last week, hopefully I would be successful this time

It was never raised in the initial grounds of appeal(FTT), however at upper tribunal barrister asked permission to add additional grounds which was granted and due to this judge adjourned the hearing. And we were asked to send amended grounds to tribunal and respondent. Hearing reconvened after a month. Again in determination judge very briefly mentioned about article 8.
I think I have very strong grounds in terms of article 8. If you provide me with your email address I can send you the details.

Regards
Zaidi

Ok, am quite busy at the moment so I won't be able to promise anything but if I identify anything will let you know.

When was your appeal refused at the Upper Tribunal?

Zaidii wrote:Hi everyone, i need information about the section 3 C/D leave while I've applied for PTA to UT for Court Of Appeal.
Brief history about my case

Tier 1 Entrepreneur applied June 2013(refused)
hearing at FTT January 2014 (appeal dismissed)
Hearing at UT April 2014 (appeal dismissed)
Received judgement on the 4Th of June.
Applied for Permission to appeal to UT for Court Of Appeal on the 12th of June.

Here's my question
As per solicitor, my section 3 leave will continue while we wait for a decision about the PTA. Suppose I get the permission my leave under section 3 will continue.
However if upper tribunal refuses I will go directly to court of appeal, will my leave under section 3 continue at this stage ?
And is it guaranteed that my case will be heard at court of appeal? Or they can refuse to hear after assessing?

Will complete my 10 years in November this year.
Thank you for reading this.
Regards
Zaidi

How long you waiting for hearing on Court of appeal ? have they give any hearing date ?

Didn't get permission to appeal, so I applied directly to COA on the 11th of August.

Quick update on my case.
Received a letter today from COA stating that my case has been removed from the list of dismissal without hearing.

What you plan to do next?

Why you not considering complete new application?