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Continuous 3C Upper Tribunal Refused

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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Kahas
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Continuous 3C Upper Tribunal Refused

Post by Kahas » Tue Aug 20, 2019 12:58 pm

My friend has been refused ILR, and mentioned no continues leave. the fact is :
T1E Application: march 2013, Refused on 3rd May 2013, with appeal right.
Appealed : 17th May 2013,
Refused : 24th Feb 214 with note "the mate appellants could of course make fresh application to the the respondent with all relevant evidence".
First-Tier Tribunal:
Appeal refusal decision challenged : 3rd march 2014
Refused : 1st April 2014.
Upper Tribunal :
Appealed : 9th April 2014.
Refused : 5th June 2014.

Tier 2 Application : 18th June and granted his leave to remain and so on.......

ILR refused with appeal right today with note of over 28 days gap between 24th Feb 2014 to 18th June 2019, which doesn't meet 10 years lawful residence.

What should be the next action ?

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CR001
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Re: Continuous 3C Upper Tribunal Refused

Post by CR001 » Tue Aug 20, 2019 1:02 pm

ILR based on Tier 2 if he still holds a tier 2 and meets the requirements???

10 years long residence was bound to fail in this case.
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Kahas
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Re: Continuous 3C Upper Tribunal Refused

Post by Kahas » Tue Aug 20, 2019 2:16 pm

First-Tier Tribunal:
Appeal refusal decision challenged : 3rd march 2014
Refused : 1st April 2014. (appeal not granted)
Upper Tribunal :
Appealed : 9th April 2014.
Refused : 5th June 2014. (appeal not granted)

he doesn't qualify tier 2, as he switched to Tier 4 Student Category.

Kahas
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Re: Continuous 3C Upper Tribunal Refused

Post by Kahas » Tue Sep 03, 2019 12:08 pm

His immigration history :

3. On 23 March 2013, I have applied in time Tier 1 (Entrepreneur) LTR but was refused on 1 May 2013 with Right of Appeal (ROA).
4. I have lodged an in-time appeal on 17 May 2013 that was dismissed on 24 February 2014 by the FtT, However, I have received the decision on 27 February 2014.
5. I have submitted an in time application to the FtT for permission to appeal to the Upper Tribunal on 3 Mach 2014.
6. On the 1 April 2014 (received on 4 April 2014) my application for permission to appeal to Upper Tribunal was refused by FtT with a right to appeal to the Upper Tribunal.
7. On the 8 April 2014, I have made an in time appeal to the Upper Tribunal against the decision of FtT, dated 1 April 2014 which was acknowledged by the Upper Tribunal on 11 April 2014.
8. On the 5 June 2014 Upper Tribunal has dismissed my appeal and I received the decision on the 9 June 2014.
9. On 18 June 2014, I have applied an in time for Tier 2 Migrant –LTR and the application was granted until 14 June 2017.

I note that I was allowed to make further / fresh application to the Home Office with 28 days from 9 June 2014 under section 3C of Immigration the rules. However, I have made the application well in time before the 28 days of the Upper Tribunal’s final determination dated 5 June 2014.


Is there any gap between, and have he lost his 3C on these periods ?

Your kind help is always appreciated.

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Zimba
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Re: Continuous 3C Upper Tribunal Refused

Post by Zimba » Tue Sep 03, 2019 1:42 pm

Section 3c continued until 9 June 2014. Overstaying between 9 June 2014 and 14 June 2014 will be discarded
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Kahas
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Re: Continuous 3C Upper Tribunal Refused

Post by Kahas » Wed Sep 04, 2019 10:06 am

8. On the 5 June 2014 Upper Tribunal has dismissed my appeal and I received the decision on the 9 June 2014.
9. On 18 June 2014, I have applied an in time for Tier 2 Migrant –LTR and the application was granted until 14 June 2017.

Did you mean 14 June 2014 or 18 June 2014 ?

thanks a lot zimba.

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Zimba
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Re: Continuous 3C Upper Tribunal Refused

Post by Zimba » Wed Sep 04, 2019 11:03 am

18 June 2014
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Kahas
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Re: Continuous 3C Upper Tribunal Refused

Post by Kahas » Thu Sep 12, 2019 10:52 pm

Thanks a lot.

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