FLR-M Refused and Reapplied. Questions.

[vmncesar]

Hello,

As you mentioned before, paragraph 39E does apply to your case because you made a second application within 14 days from your previous application being refused. Section 3C does not longer cover your leave so you are no longer allowed to work. You basically became an overstayer 14 days after your refusal date from your first application, but paragraph 39E covers this period and the overstay will be disregarded.

The fact that you get the option to appeal does not mean that this is what you have to do. As you also mentioned, you were given the option to prove that you have a reason to stay and that is why you submitted a fresh new application. I understand that appealing is not the best option as it takes a longer waiting time.

Your solicitor clearly knew what they advised you.

As a final note, paragraph 39E applies to any 2nd application made within those 14 days, it is not a matter of discretion, it is the law!

[Obie]

Paragraph 39E does not apply at the time OP applied as he had an appeal rights which was still extant and the 14 days for exercising it had not elapsed. Therefore Section 3C was in existence at the time of the subsequent application.

I do not stupidly express a view on a matter without any or proper thoughts on the detailed fact of the particular case.

[JJB789129]

Hi Obie,

Unfortunately I disagree with you here.

vnmcesar is spot on!

Thanks

JB

[vmncesar]

I only agree when you say that "3C was in existence at the time of the subsequent application". That is the reason why he is not allowed to work from the moment his first attempt application was refused.

Now, I can express my view on this matter from my own experience. I had exactly the same case, a second application made after the first attempt was not successful because I fail to provide a document (aka applied again and made use of paragraph 39E).

My visa has been granted. Good luck and hope you get a response soon!

[JJB789129]

Cheers mate. Congratulations.
Hopefully good news round the corner for me too.
not working is not an issue for me atm, hence was more than happy to reapply. quietly confident this time.
All the best Sir!
JB

[MeProblems123]

Hello JB

Me very much follow this article about the tragic situation.

I am little bit confused. The tragic problem is with your visa or partner?

I am very much in similar situation. My husband visa no accepted because we not insert certificate.

Kindly please tell how to appeal?

Thanking very much if you can help.

Please please I need advice.

[JJB789129]

Hi,

This is for my visa. when did your husband's visa get refused?

and was it refused just because of the English Language certificate or there were other refusal points?

Thanks JB

[MeProblems123]

Hi JB

Much thanks for the fast responding...

Oh i is praying your visa is ok.

His visa got no accepted last week.

Sorry me dont understand question about English. Me English very good. His English not so good.

[JJB789129]

you should speak to a solicitor as soon as possible.

[MeProblems123]

I no afford solicitor.

This why me is online looking for help.

Maybe you help me. You have experiance

Please help

[JJB789129]

Unfortunately, no one here is an expert.. i had to get a solicitor too. I am lucky I have a very good solicitor. You should seek legal advice as soon as possible.

[seagul]

Visa may be granted under paragraph 39E depending on caseworker's discretion.

39E. This paragraph applies where: (1) the application was made within 14 days of the applicant’s leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why the application could not be made in-time; or
(2) the application was made: (a) following the refusal of a previous application for leave which was made in-time; and
(b) within 14 days of: (i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable); or
(iv) any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

[Obie]

Hi Obie,

Unfortunately I disagree with you here.

vnmcesar is spot on!

Thanks

JB

You dont have to agree with me. I express a view based on the information people put on the forum, and bearing in mind the fact that most people put in inaccurate information.

If you tell the forum that you had leave, before your leave expired you applied for an extension, but your extension application was refused after your leave expired due to English language, and you were given an appeal rights.

Being given an appeal rights extends leave under section 3C. By virtue of that extension 39E(2)(ii) prevent a new application from being lodged.

Therefore it may be the case you did not provide accurate information, or your case is not as you state or a caseworker error, but I fully stand by my legal view, and you are not obliged in anyway to accept it.

In the nearly a decade that I have been on the forum, I have seen a lot. Some people benefit and some people fail in their application due to caseworker error. Some people receive leave to wish they are not entitled, others get leave which they never applied for.

So my legal view is not based on caseworker's decision in an individual case, but the law of the land.

[JJB789129]

lets just agree to disagree eh!

[MeProblems123]

Hi JB

You well?

Can we talk, me needs some advice...you have experiance. I like to share experiances with me and teach or guide me to success. Dont worry I nice and beautiful person.

Please JB.

[wahi66]

Hi JB

You well?

Can we talk, me needs some advice...you have experiance. I like to share experiances with me and teach or guide me to success. Dont worry I nice and beautiful person.

Please JB.

you need to make your own topic with all the details so that all the member of the forum can help you better.

[seagul]

Maybe the same person with multiple ids keep writing to himself to get desired reply which has already got
His IP address maybe still not being captured