Right to work

Hi
Thanks in advance for help.
I am in UK legally from last 9 years 2 months along with family including two kids born in India and going to complete ten years residency in october 2019.
My last application was FLR (FP) on the basis of child residency for seven years which was dismissed by HO , now exhausted all appeal rights i.e. my application for permission to appeal to first tier tribunal was dismissed and again application for permission to appeal to UT is also dismissed on 1 February 2019 with certifying my decision as "excluded decision" with no right of further appeal.
My questions are :
1. Is it OK for me to go to Court of Appeal seeking permission to appeal and will that cover my period during pending of that as continuous residence for long residency for 10 year route , as I know my 3C ended with refusal of application by Upper Tribunal . or
2. I should file a new paid application to HO within 14 days grace period under paragraph 39E of Immigration rules, as that will continue my legal residence and if my this new application is decided as dismissed or allowed before I meet the 10 year condition in October 2019 will it affect my continuous residence.
Till today there is no berak in my residency .
Please advise so that my continuous residency is maintained.
Thanks in advance
B.SIngh

Hi can anyone help me as I have limited time if any further information is need please feel free to ask,my simplified question is if I go for court of appeal under rule 54.7A will that period be considered as continuous residence for long residence.
Thanks
B Singh

As you exhausted your appeal rights you better apply for a new application assuming you have any grounds to stay in the UK.
You can apply under long residence only if your application lead to a grant of stay again. Currently your lawful residence stops and will not get to the 10 year mark

Hi thanks for the reply, if my present application is refused with in country appeal rights will that be of any help for continuous residence. Now for FLR (FP) applications decisions time is 8 to 9 months, so I am borderline , but if get appeal rights then surly will cross 10 year mark.
Thanks B Singh

No as your continuous lawful residence period stops. The appeal rights change nothing in that regards unless appeal leads to approval being granted.

Hi I have another question I do not have money to pay the fee and my wife lost the job due to her I'll health I have two kids if I submit fee waver application before FLR(FP) what will be my date of application will it be date I submitted fee waver application and in case fee waver is refused then submitted FLR with full fee.
Thanks
B Singh

If the applicant had no valid leave at the date of application, their application will simply be rejected as invalid. So if it is refused, you will be considered an overstayer from the date your section 3C ended and so a new application after that will be refused automatically (if you have been an overstayer for more than 14 days)

Thanks and sorry to bother you again my question for 14 days grace period dated of my application will be date of submission of fee waiver application or the submission of FLR application after decision on fee waiver application. for example my 3C finished on 2 february 2019 and if I submitted my fee waiver application on 6 February 2019 and got its decision on 03 March 2019 than within time provided in fee waiver decision submit FLR (FP) application what will be my date of application.
regards
B Singh

If accepted it will be 6th Feb. If refused (invalid application) you will be viewed as if you never made any application since 2nd Feb

I applied before my leave expiry for extension of leave from Tier 4 to seven year child route, but my application was refused with in country appeal right. I did not succeed in appeal so filed as fresh application on seven year and article 8 within 14 days from exhausting appeal rights .
Now Home Office responded negative to my right of work which made me unemployed. I have two kids.
Please help me if there is any policy or case law by which my right to work continues as my application was filed within 14 days of end of 3c.
Thanks
B SINGH

bssingh wrote: ↑

Sat Jun 08, 2019 9:26 am

I applied before my leave expiry for extension of leave from Tier 4 to seven year child route, but my application was refused with in country appeal right. I did not succeed in appeal so filed as fresh application on seven year and article 8 within 14 days from exhausting appeal rights .
Now Home Office responded negative to my right of work which made me unemployed. I have two kids.
Please help me if there is any policy or case law by which my right to work continues as my application was filed within 14 days of end of 3c.
Thanks
B SINGH

Topics merged.

As already advised, your section 3C ended when you exhausted your appeal rights. You are an overstayer now and have no right to work. Your rights will only be reinstated if your new application is successful.

CR001 wrote: ↑

Sat Jun 08, 2019 9:41 am

bssingh wrote: ↑

Sat Jun 08, 2019 9:26 am

I applied before my leave expiry for extension of leave from Tier 4 to seven year child route, but my application was refused with in country appeal right. I did not succeed in appeal so filed as fresh application on seven year and article 8 within 14 days from exhausting appeal rights .
Now Home Office responded negative to my right of work which made me unemployed. I have two kids.
Please help me if there is any policy or case law by which my right to work continues as my application was filed within 14 days of end of 3c.
Thanks
B SINGH

Topics merged.

As already advised, your section 3C ended when you exhausted your appeal rights. You are an overstayer now and have no right to work. Your rights will only be reinstated if your new application is successful.

Hi thanks for reply.
Is there any relevant immigration rule or policy ,if this position than rule 39E of Immigration Rules is irrelevant and this exception had no meaning.

bssingh wrote: ↑

Sat Jun 08, 2019 5:59 pm

Is there any relevant immigration rule or policy

no there isn't any regarding right to work except section 3C as previously advised by CR001