Section 3C and 3D new changes confuse??

[jafferdeen]

i have read new policy guideline in regards to section 3 C and 3 D for same day new application and same day withdrawal of appeal.

A person must withdraw their appeal in order to submit a fresh application. Once their appeal is withdrawn, their 3C leave ends.
Checking the withdrawal
You must check any outstanding appeal has been withdrawn and note CID before you validate an application form. You must reject the application as void if an appeal has not been withdrawn.
Out of time application
An application made after an appeal is withdrawn is out of time, even if it is made on the same day. This is because legislation prevents a person from making a fresh application until an appeal has been withdrawn. Withdrawal of appeals in the First tier Tribunal
An applicant may withdraw an appeal:
Orally, at a hearing, at any time, by filing written notice with the tribunal.
The tribunal must:
Withdraw the appeal if the respondent notifies them the decision or decisions to which the appeal relate have been withdrawn serve a notice that the appeal has been recorded as having been withdrawn record the effective date of withdrawal on the notice.

https://www.gov.uk/government/uploads/s ... 2.0EXT.pdf

any one expert can explain what will be new procedure for such case ......will we need to apply new application first ad then withdraw appeal ???

[Universal soldier]

I donot think any changes come for section 3C and 3D because if someone withdraw appeal and make fresh application on same day which even call as out of time application but long residence guideline clearly state and allow that out of time application till 28 days will be disregarded and is allowed.

[quantum1]

No change. Nothing new here

[satif-uk]

My question is when withdraw appeal and make fresh application within 28 days your 3c will ends on same days when you withdraw and you have "No right of work" until they haven't decided your new application so I don't understand until you decided what could I do if I have 2 dependent with me what could I do stop eating util decided

[satif-uk]

Submit application after withdraw of appeal 3c ends and make ilr application on 10 years basis but they said your application is out of time so you don't have "right of work" so anyone explain me what could I do about work plz reply me

[Zee ali]

Submit application after withdraw of appeal 3c ends and make ilr application on 10 years basis but they said your application is out of time so you don't have "right of work" so anyone explain me what could I do about work plz reply me

Yes u r right no work allowed unfortunately.
Just wait for your decision and spend your saving or bring money from back home or what ever.

Now do not argue why it is like that?

Rules r not set by me or u but by the HO which is actually unfair.

We have to go along with these rules.

I read in this forum about a guy who was doing taxi after withdrawing his appeal and applied for ILR. He stopped by Immigration while doing taxi and they warn him do not work until u get the decision.

He is lucky get away with it.

[satif-uk]

Thanks for your reply do you have any idea how long homeoffice take the decision on appeal withdraw cases

[Zee ali]

Thanks for your reply do you have any idea how long homeoffice take the decision on appeal withdraw cases

withdraw the appeal by fax and retain the copy of proof after 2 or 3 days send Set lr form with fees.

If u want to make sure that they tribunal received it than wait for their withdrawn letter.

[satif-uk]

Thanks I have already apply for ilr on 4 of June my bio done on 18 June through my lawer with my dependent application mention in cover letter to hold her application until my case hasn't decided is that wright

[wrongtime17]

Hello guys i am in need of your help on my issue.

currently i am out of section 3c due to an invalid application.
home office returns my FLRO application as invalid due to biometrics were not provided (i did not receive biometric letters).
after that i made tier1 enterprenuer application within 7 days no result yet.

1.can i fight to get back in to section 3c.
2.while i am out of section 3c and one of my application is still pending with home office at this time can i change my application to another category like tier4 or tier2.

many thanks for looking at my problem and i am eagerly looking for your support and advice.

Many thanks

[atikur]

First Tier Tribunal is dismissed and Permission to appeal to the Upper Tribunal is withdrawn and same day ILR is applied due to qualifying ten years long residency, would that application be granted by Home Office?

[vinny]

Thanks for your reply do you have any idea how long homeoffice take the decision on appeal withdraw cases

withdraw the appeal by fax and retain the copy of proof after 2 or 3 days send Set lr form with fees.

If u want to make sure that they tribunal received it than wait for their withdrawn letter.

You cannot make a fresh application before the tribunal notifies you that your appeal is withdrawn.

[atikur]

Thanks for your reply do you have any idea how long homeoffice take the decision on appeal withdraw cases

withdraw the appeal by fax and retain the copy of proof after 2 or 3 days send Set lr form with fees.

If u want to make sure that they tribunal received it than wait for their withdrawn letter.

You cannot make a fresh application before the tribunal notifies you that your appeal is withdrawn.

Hi Vinny, I am drawing your attention...please reply my postin here..I am really in need to know the answer. Thank you.

[vinny]

First Tier Tribunal is dismissed and Permission to appeal to the Upper Tribunal is withdrawn and same day ILR is applied due to qualifying ten years long residency, would that application be granted by Home Office?

See also Withdrawing an appeal.