Immigrationboards.com

Hi everyone,
I am new member of this forum and I have query regarding my case.Basically,I applied for asylum in June 2017 and my case is now on the stage that my appeal was dismissed in July 2019 and I applied for permission to appeal to upper tribunal within time limit and now Which have been granted By first tier tribunal as my 10 years are completing in December 2019. I am under section 3C leave at the moment. Can I put FLR FP application without withdrawing the appeal as it is mentioned in Section 3c guidance that you cannot withdraw the appeal if permission is granted to the upper tribunal.I want to ask that can I apply for FLR FP application and continue the appeal at the same time.If I can apply then how it Will affect on my section 3C leave if my appeal will be dismissed from the upper tribunal?
Will I have right to apply for permission to court of appeal and my Section 3c leave continue until court of appeal decision?
Your response and guidance will be much appreciated and helpful.
Thank you everyone in advance.

What you want is not possible. When you are protected by section 3C, you CANNOT apply for a new application. Section 3C must come to an end first before a new application can proceed. In order to apply, you must withdraw your appeal which makes you an overstayer. What is the point of FLR when you have a pending asylum case ??

Zimba,Thank you so much for your response.It is very helpful.
In this case,when will my appeal rights exhausted?
1-If my appeal will dismiss from UT
OR
2-Appeal rights will be exhausted until the decision from court of appeal??
Your response will be much appreciated.
Thank you

When UT dismisses your case and you have no right to appeal it

Zimba, Thank you so much for your response it’s really helpful.

Hello Everyone,
I want to ask when section 3c leave comes to an end?
1- When your appeal dismissed from Upper tribunal??
OR
2- when you apply for permission of appeal in UT for court of appeal Within time limit which is 12 working days and it got rejected??
OR
3- When you apply for permission of appeal directly in court of appeal in 28 days and it got rejected??

Your response will be much appreciated.
Thanks

Technically when you exhaust all your options.

Thanks Zimba, please can you explain me what is your understanding regarding 3C??
Basically,My appeal is dismissed from upper tribunal and it clearly says in decision letter that either party can apply for permission to appeal in court of appeal with in prescribed time limit
My question is that when my 3C LEAVE comes to an end??
1) when UT will refuse permission to appeal application

OR
2) when Court of appeal will refuse permission to appeal application.
Your response will be very helpful because My 10 years will be complete in December 2019 and I am very worried about my situation.

I Hope hear from you soon.
Anyone can share their opinion
Thanks

Hello Everyone,
I have a query regarding ILR Application
I am on 3C LEAVE right now and I lodged an application for permission to appeal to court of appeal in UT According to my situation what’s your opinion
1:My 10 years will be completed on 30th December 2019
I am eligible to apply for ILR after completing 10 years in case of 3C leave
OR
I am eligible to apply for ILR 28 days before completing 10 Years which is 03 December 2019

If I am eligible for second option then when I will apply for ILR, Do I need to withdraw the appeal on same day and my 3C leave will continue after withdrawal of appeal??
Your answer will be very helpful for me I Hope hear from you soon.
Regards,
Hassan

The 2nd option. I already answered your section 3C query above !

Zimba wrote: ↑

Fri Sep 13, 2019 12:28 am

When you are protected by section 3C, you CANNOT apply for a new application. Section 3C must come to an end first before a new application can proceed. In order to apply, you must withdraw your appeal which makes you an overstayer.

Thanks Zimba for getting back with reply.
https://assets.publishing.service.gov.u ... l-v7.0.pdf
Please if you will open above link Right of appeal guidance and go to page 9,Read it and explain me what exactly it Means??
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Please open the above link 3C leave guidance and read page 14, and please explain what exactly it means??

Your answer will be very helpful.
Thanks,
Hassan

mhassi wrote: ↑

Thu Nov 07, 2019 2:57 pm

Thanks Zimba for getting back with reply.
https://assets.publishing.service.gov.u ... l-v7.0.pdf
Please if you will open above link Right of appeal guidance and go to page 9,Read it and explain me what exactly it Means??
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Please open the above link 3C leave guidance and read page 14, and please explain what exactly it means??

Your answer will be very helpful.
Thanks,
Hassan

What is your specific query ?!

According to your opinion
We can’t make an application if appeal is pending at any stage and 3C leave continues but my question is

I am eligible to apply for ILR after completing 10 years
OR
I am eligible to apply for ILR 28 days before completing 10 Years which is 03 December 2019

If I am eligible for second option then when I will apply for ILR, Do I need to withdraw the appeal on same day and my 3C leave will continue after withdrawal of appeal??
But it is written in 3C LEAVE and Right of appeal guidance that

ILR (LR) comes under the immigration rules and also comes under Human right application and it is written in these guidance that human right application under the immigration rules can be made when 3C leave continues.So,I think if I will apply 28 days before the completion of 10 years then I don’t need to withdraw appeal which makes me overstayer.

Your response will be much appreciated
Thanks
Hassan

It seems the long residence is considered a human rights application (never thought that would be the case) so you can apply for SET(LR) while on section 3C. So apply for SET(LR) within 28 days. Good find btw

mhassi wrote: ↑

Thu Nov 07, 2019 4:02 pm

it is written in 3C LEAVE and Right of appeal guidance that

ILR (LR) comes under the immigration rules and also comes under Human right application and it is written in these guidance that human right application under the immigration rules can be made when 3C leave continues.So,I think if I will apply 28 days before the completion of 10 years then I don’t need to withdraw appeal which makes me overstayer.

Can you provide a link to this specific document as I can't seem to find it on the gov.uk website? It looks as if you are quoting somebody's opinion, not a government document.

Note that human rights applications don't lead to ILR. It leads a further grant of Leave to Remain.

https://assets.publishing.service.gov.u ... l-v7.0.pdf
Please read page 9 and explain
Whether ILR(LR) comes under human right application or not??
https://assets.publishing.service.gov.u ... 9.0ext.pdf
Please read page 14 from above link of 3C LEAVE guidance and explain that can we make human right or protection claim during 3C leave continues without withdrawing the pending appeal at any stage?
Your response will be appreciated.
And yes,I am sure that Zimba got my point .
Thanks
Hassan

@secret.simon
My view was that section 3C has to end for a new application to proceed as per immigration act 1971 but this paragraph from Right of Appeal guide says:

These applications can be made while the applicant has leave under section 3C of the Immigration Act 1971 as a consequence of an ongoing appeal against the refusal of another application. No other applications under the rules other than those in this section can be made where the applicant has 3C leave.