tier 4 application been voided under section 3C imm 1971

hi ,
i have been living in uk from 2006 as student. study history is outlined as below:
from 2006 to 2009 have studied B.Eng(hons) in mechanical engineering.completed degree,
from 2009 to 2011 i had post study work(psw)
than i started master course for further two years till 2013
than applied again for level 7 course .
i got refusal because of 5 years cap
home office had given me appeal right and option for new application .

than applied again new application for level 8 course ,which has 8 years limit. However my previous application got refused I had made the fresh application within 10 working days of refusal in the UK, my new application been voided under section 3c of immigration act 1971.
can any body tell me or guide me what to do??? would be much appreciated....

neilmirza786 wrote:hi ,
i have been living in uk from 2006 as student. study history is outlined as below:
from 2006 to 2009 have studied B.Eng(hons) in mechanical engineering.completed degree,
from 2009 to 2011 i had post study work(psw)
than i started master course for further two years till 2013
than applied again for level 7 course .
i got refusal because of 5 years cap
home office had given me appeal right and option for new application .

than applied again new application for level 8 course ,which has 8 years limit. However my previous application got refused I had made the fresh application within 10 working days of refusal in the UK, my new application been voided under section 3c of immigration act 1971.
can any body tell me or guide me what to do??? would be much appreciated....

Well I know the 3c/3d guidance says that ppl are not entitled to make fresh application when 3c/3d is in force, however I called UKBA and a women told me that you can make a fresh application but you are counted as overstay from the day u received ur refusal letter, but since I called on the 9th day of my refusal, I can't be sure that she was aware of the time. But a solicitor has told me that you can make a fresh application within 10 days in or out of the UK but still, you are overstay from the day you received ur refusal letter. Best way so far I have realized is that appeal, and make application on the day of withdraw, though I have missed the opportunity and did not appeal. You can wait for senior member to answer this question.

@westwood..Thanks very much for your reply
But Do I have the right for apeal because I have received my refusal on 31 January but I applied new application on 6th feb.i got there answer on 1st march.

Under the situation you told the guidance before 2013 allows a single gap of less than 10 days relating to an out of time application was allowed but according to guidance version 2013 an out of time application can be made 28 days after the visa being expired. Therefore, same fact can be argued in covering letter if the application for long residence - ilr being made.

westwood wrote: Well I know the 3c/3d guidance says that ppl are not entitled to make fresh application when 3c/3d is in force, however I called UKBA and a women told me that you can make a fresh application but you are counted as overstay from the day u received ur refusal letter, but since I called on the 9th day of my refusal, I can't be sure that she was aware of the time. But a solicitor has told me that you can make a fresh application within 10 days in or out of the UK but still, you are overstay from the day you received ur refusal letter. Best way so far I have realized is that appeal, and make application on the day of withdraw, though I have missed the opportunity and did not appeal. You can wait for senior member to answer this question.

what you were told by UKBA is incorrect. Section 3C leave applies while an appeal is outstanding or whilst an appeal can be brought. An application submitted within the 10 days when an appeal can be brought can be correctly rejected as invalid.

neilmirza786 wrote:@westwood..Thanks very much for your reply
But Do I have the right for apeal because I have received my refusal on 31 January but I applied new application on 6th feb.i got there answer on 1st march.

right of appeal against what? the first refusal or the second refusal?

You would've had the right of appeal against the first refusal but your 10 days to appeal have now passed.

You can't appeal the second 'refusal' because the application was invalid therefore there is no immigration decision to appeal.

if you received your original refusal on 31st Jan then you had until 14th Feb to appeal, so your 3c leave was valid until that date. A successful tier 4 application can be made if you apply within 28 days of overstaying so you could still make a successful application now, providing you have 9 months worth of maintenance as you will no longer be treated as having established presence.

Sheraz7 and greenei both are saying correct. And yes ukba telephone operators are not visa officers just like in a building the receptionist/security can only answer generally due to lacking fully specialized knowledge. I also bet that next telephone staff will give different reply