Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
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mharoon79
- Junior Member
- Posts: 95
- Joined: Tue Dec 16, 2008 7:33 pm
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by mharoon79 » Fri Apr 19, 2019 5:20 pm
Dear Forum members,
I would need advice about 3c for my wife ILR application which will be due in july 2019. immigration history as follows
I as a husband her sponsor through out her applications
Wife immigration history
Came in the UK 2009 : T1 (PSW) dependent visa till 2011
2011 : switched into T1(G) dependent and application got approved till 2013 (application submitted with in time period)
2013 : T1(G) extended and granted stay till 2016. (application submitted within time period)
In 2016 I as main application applied for my ILR T1(G) on the basis of 5 years route and put wife's application for her ILR as dependent. Unfortunately ILR refused in 5th October 2017. I raised AR on 19 October 2017
( within 14 days) but unfortunately AR also got refused 6th November 2017.
on 13-11-2017 , I submitted my ILR (Set 10 years Long residency ) fresh new application with in 14 days after AR refused and submitted wife FLR(M) date 14-11-2017.
I have been granted ILR and wife received 30 months leave.
my wife came in the UK July 2009 and will be completed her 10 years july 2019. As her ILr application refused in 2016. will she be qualified for ILR in july 2019? is 3c cancelled or valid?
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zimba
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by zimba » Fri Apr 19, 2019 7:40 pm
Was her application refused with you on the same day ? Did you both apply for AR ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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mharoon79
- Junior Member
- Posts: 95
- Joined: Tue Dec 16, 2008 7:33 pm
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by mharoon79 » Fri Apr 19, 2019 7:58 pm
My ILR & wife dependant ILR application REFUSAL DATE SAME. 5th October 2017
I as main applicant applied for AR. my wife didn't apply for AR
Has my wife Long residency Broken?
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zimba
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by zimba » Fri Apr 19, 2019 9:56 pm
Yes as she was an overstayer between 5th October 2017 and 14 Nov 2017 and she did not apply 14 days from her visa expiry
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
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mharoon79
- Junior Member
- Posts: 95
- Joined: Tue Dec 16, 2008 7:33 pm
Post
by mharoon79 » Fri Apr 19, 2019 10:07 pm
But she was my dependant in initial ILR application which were refused in October 2017. I was given AR RIGHT not to my wife. Please see below extract which was taken from HO guidance
Section 3C leave while an
administrative review is pending
This section tells you about leave that is extended by section 3C of the Immigration
Act 1971 (“section 3C leave”) during the period when an administrative review is
pending.
Where a person has section 3C leave following an in-time application to vary leave
and there is a right to administrative review of the refusal of that application, section
3C leave continues for the period during which an administrative review is pending.
An administrative review is pending until either:
• it is withdrawn
• it is determined
• a fresh application is made which brings the section 3C leave to an end
As per above guidance bullet no. 2 and section 39(e), I think wife Long residency should not be effected.
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Keith12
- Junior Member
- Posts: 84
- Joined: Fri Sep 07, 2018 9:51 am
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by Keith12 » Sat Apr 20, 2019 10:30 am
mharoon79 wrote: ↑Fri Apr 19, 2019 5:20 pm
Dear Forum members,
I would need advice about 3c for my wife ILR application which will be due in july 2019. immigration history as follows
I as a husband her sponsor through out her applications
Wife immigration history
Came in the UK 2009 : T1 (PSW) dependent visa till 2011
2011 : switched into T1(G) dependent and application got approved till 2013 (application submitted with in time period)
2013 : T1(G) extended and granted stay till 2016. (application submitted within time period)
In 2016 I as main application applied for my ILR T1(G) on the basis of 5 years route and put wife's application for her ILR as dependent. Unfortunately ILR refused in 5th October 2017. I raised AR on 19 October 2017
( within 14 days) but unfortunately AR also got refused 6th November 2017.
on 13-11-2017 , I submitted my ILR (Set 10 years Long residency ) fresh new application with in 14 days after AR refused and submitted wife FLR(M) date 14-11-2017.
I have been granted ILR and wife received 30 months leave.
my wife came in the UK July 2009 and will be completed her 10 years july 2019. As her ILr application refused in 2016. will she be qualified for ILR in july 2019? is 3c cancelled or valid?
What was the reason for refusing ur ilr 5 years route
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mharoon79
- Junior Member
- Posts: 95
- Joined: Tue Dec 16, 2008 7:33 pm
Post
by mharoon79 » Sat Apr 20, 2019 11:09 pm
Reason of ILR refusal. I forgot to send my personal bank statement along with ILR application. That's the only refusal throughout my immigration history.
