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Eligible for ILR (10 year)?
Posted: Thu Jul 13, 2017 12:59 pm
by The Symbol
Hey guys,
Just wanted to confirm if the continuity maintained in the circumstances below or not?
Entered - 7 Sep 2007
PSW - 2 Aug 2010
Applied Tier 1 Ent - 2 August 2012
Refused - 7 June 2013
FTT - 15 Nov 2013
FTT Refusal - 16 Dec 2013
Applied to FTT for permission to appeal in UT - 23 Dec 2013
Permission Refused - 16 Jan 2014
Reapplied Fresh - 25 Jan 2014
Tier 1 Ent approved - 21 March 2014
Applied for Ent Ext - 20 March 2017
Approved - 5 May 2017
Just wanted to check that after my refusal in 2013, my 3c continued till when? And if I am eligible for 10 year ILR next month?
Thank you!
Re: Eligible for ILR (10 year)?
Posted: Thu Jul 13, 2017 2:32 pm
by iworker
I think the 3c stopped in june 2013. You did not have a leave between june 13 to march 14. hence no LR.
IMO
Re: Eligible for ILR (10 year)?
Posted: Fri Jul 14, 2017 4:21 pm
by The Symbol
Thanks mate!
Anyone else would like to shed some light on this please?
Re: Eligible for ILR (10 year)?
Posted: Fri Jul 14, 2017 8:35 pm
by CR001
Agree with iworker.
Re: Eligible for ILR (10 year)?
Posted: Fri Jul 14, 2017 8:40 pm
by The Symbol
CR001 wrote:Agree with iworker.
Are you saying 3c doesn't continue while the appeal in court is ongoing?
I have been told otherwise
Re: Eligible for ILR (10 year)?
Posted: Fri Jul 14, 2017 8:43 pm
by CR001
It does, but your appeals were refused and that is where section 3C ends. So by the time you got your next application approved, you had a gap of more than 28 days with no valid leave to remain, in my opinion how i understand it.
Re: Eligible for ILR (10 year)?
Posted: Fri Jul 14, 2017 9:00 pm
by The Symbol
CR001 wrote:It does, but your appeals were refused and that is where section 3C ends. So by the time you got your next application approved, you had a gap of more than 28 days with no valid leave to remain, in my opinion how i understand it.
So when did Sec 3c end according to you?
As I have been told it ended on 16th Jan 2014 and reapplied on 25th Jan 2014. One thing, I am sure that it's not the date of approval that counts (as you mentioned) but the date of application.
Re: Eligible for ILR (10 year)?
Posted: Fri Jul 14, 2017 9:03 pm
by CR001
The Symbol wrote:CR001 wrote:It does, but your appeals were refused and that is where section 3C ends. So by the time you got your next application approved, you had a gap of more than 28 days with no valid leave to remain, in my opinion how i understand it.
So when did Sec 3c ended according to you?
As I have been told it ended on 16th Jan 2014 and reapplied on 25th Jan 2014. One thing, I am sure that it's not the date of approval that counts (as you mentioned) but the date of application.
It ended on 16th Jan 2014, which means you had no legal status in the UK from the date your visa expired.
Applying on 25th Jan does not extend your section 3C. Don't confuse the grace period of making a new application to section 3C. Making a new application does not 'reinstate' section 3C or your continued conditions of the visa that expired.