what about this situation below:
geriatrix wrote:Do you have it in writing that the judge extended your leave under section 3c upon receiving an out of time request for permission to appeal in the UT? Or are you assuming that because an out of time request for permission to appeal in UT was accepted means that your section 3c leave was resurrected by the judge? It is not clear which one of the two it was with you.
Anyways, given that the matter has been made clear in the new guidance, I believe a judge today could say, if the matter goes to court, that the judge who resurrected your section 3c leave (if that is so) was wrong in interpreting the law.
I would suggest that you consult a competent solicitor on this.
I would like to share one of my friend case here well and need advice for him.
He came is student in July 2007 as student.
He done all student extension on time and was always given student extensions on time.
He then applied PSW in April 2012 And was given for 2 years until April 2014.
In April 2014 he applied for entrepreneur visa tier 1.
He was called for interview but later refused in December 2014 because of some problem with funds but his good luck he had right of appeal.
Appeal was heard and rejected in June 2015. He went to upper tribunal and from there also rejected in October 2015.
He was send the letter to leave country within 28 days and he submitted new application in November 2015 on basis of human right within that 28 days. Human right application because his wife had discretionary leave.
The human right application was also rejected on July 2016 with right of appeal and now he got hearing in July 2017. And he will complete 10 years in July as well.
Now there is 2 possibilities either court accept or reject ..
If court reject then can he go on premium service for ILR on basis of 10 years.
He never made out of time application or appeal.
Please guide us if in case of refusal, can he go for ILR at premium service. Everyone knows it's a lot of money and can't go unless it's sure they will not object.