Welcome to immigrationboards.com!
You already have a topic in the ILR sub forum where you have received advice. Please continue your questions in your existing topic rather than posting in a topic in the sub forum which is for EU and EEA family members route.Shujah wrote: ↑Sun Sep 10, 2017 9:01 amHi Obie and all,
I need your advice
My ilr application was refused last year in June 2016 bcz I had 4 month gap to reach to 10 years but I got right of appeal. I applied (June 2016) for my appeal on time and got hearing date after 10 months (April 2017). My 10 years were completed in September 2016 while I was waiting to attend my appeal hearing date. This year in April my Ist tribunal appeal was refused with the right of further appeal to Upper tribunal. As my 10 years were already completed therefore, instead of applying for further appeal to Upper tribunal, I applied for ilr and waiting for the application outcome.
Could you please help me with the following questions
Is my 3c still valid or not? if not will it effect my ilr application?
What is my current status?
Am i allowed to work or not?
First of all sorry obie .i am writing about my situation here..i heard tht lot of people wrote thanks to obie on their timeline bcoz you helped them.Obie wrote: ↑Fri Aug 05, 2016 11:45 amThis Authority appear to have slipped my attention, but it confirmed what many of us knew already, which is that Section 3C of the Immigration Act 1971 does not apply to Residence Card Application.
I believe it was a missed opportunity for the Court of Appeal not to have dealt with the question of whether this is acceptable under EU law principle, that similar protection that Section 3C confers is not extended to EEA nationals and their family, especially in the case of Durable partner of EEA nationals, who apply for Residence Card before their leave expires.
If these people where in a Durable relationship with a British or Settled person, they will be able to apply under the rules and obtain Section 3C rights, but because they are in a relationship with an EU citizen, they are precluded from working for 6 months, and their career opportunities or interest may be disrupted. There lawful residence may come to an end, and they may be refused citizenship for unlawful residence.
In my opinion,such situation is beyond any degree of absurdity.
AS (Ghana) v Secretary of State for the HomeDepartment  EWCA Civ 133 (20 January 2016) was bound to fail on its fact, as he did not have any rights under the regulation, and the subsequent FLR(O) application could not cure that, after his appeal had failed.
Interesting Article from Freemovement.
4. The question before us is whether a person who at one stage was the spouse of an EEA citizen with a right of abode in the United Kingdom but no longer has that status and right is to be treated as having leave either under the Immigration Act 1971 or otherwise after his application for permanent residence as the former spouse of an EEA citizen has been rejected.
The answer is a firm “no”.
Under the Immigration Act 1971 sections 3C and 4, someone applying for variation of leave under that Act — that is under UK immigration law, rather than the 2006 Immigration (EEA) Regulations — has their leave extended pending a decision on whether to vary the leave or not. However, states Lord Justice Beatson, that is the 1971 Act. The Immigration (European Economic Area) Regulations 2006 are a different matter, and a different procedural system applies to them.
Mr Kannangara’s submission that a person “should” have a status in effect similar to that given by section 3C of the 1971 Act is in effect a submission as to a reform designed to put such a person in a similar position to a person with leave under the 1971 Act. That process, however, is one for the legislature and not for the court.
The final nail in the coffin is the point that the 2006 Regulations themselves recognise the distinction between the processes under the different immigration systems.
As well as the provisions to which I have referred, paragraph 4(2) of schedule 2 to the 2006 Regulations expressly provides that a person who has been issued with a residence card shall have no right of appeal under section 82(1) of the 2002 Act, and regulation 19(5) recognises the distinction between the right to reside under EU law and the right to remain under the 1971 Act. It provides that a person must not be removed as a person who does not have or ceases to have a right under the 2006 Regulations it he has a right to remain by virtue of leave granted under the 1971 Act.
Please continue in your topic in the ILR sub forum as that is what your question relates to. Also refrain from posting multiple posts asking the same questions in sub forums not relevant to your question.Amyski04 wrote: ↑Sun Sep 17, 2017 11:33 amMy question is as an EU citizen currently emplyed on a zero hour contract and paid on weekly basis. If i am not working for 2 weeks does this effect my non EU FM (spouse) application for Set LR which is due in couple months.
I have already posted this question in ILR set lr thread 2 days ago, I apologise to admin in advance for trying my luck here