FLR(M) Hypothetical Question

[MrGamgee]

Hi

I have recently applied for FLR(M) using priority service. My visa runs out next month at the end of May 2022.
My biometrics appointment is next week on 26th of April.
I do meet the rules and should get an approval on that basis, however, as a hypothetical scenario so I know what steps to take can you please explain this:

In the worst case scenario where I get a refusal next week, can someone advise on the following questions:

1. As the decision and refusal would be before the expiry of my current BRP, if I submit an appeal does that mean I wouldn't be covered by Section 3C and therefore lose the right to work?

2. If number 1 is correct, does that mean it's better to reapply in this scenario and ensure the biometrics is booked after the validity of the current visa to ensure I am covered by Section 3C?

3. If we do reapply before the expiry of the current visa following a refusal, are there any consequences of doing so such as possibly losing the right of in country appeal for the second application?

Thank you for taking the time to read this post and help me be prepared for a plan B just in case.

[vinny]

Well spotted!

1. Yes. If refused before expiry of leave, then Section 3C is not triggered.
Section 3C leave extended while an appeal is pending

If a person does not already have section 3C leave the fact that they are entitled to an in-country right of appeal against a decision does not give them section 3C leave.

So after expiry of leave, you will become an overstayer, with no rights to work.

Hence, I agree it’s probably best to reapply again shortly before expiry of leave. There should be another right of appeal against a refusal of the latter application.

[MrGamgee]

Well spotted!

1. Yes. If refused before expiry of leave, then Section 3C is not triggered.
Section 3C leave extended while an appeal is pending

If a person does not already have section 3C leave the fact that they are entitled to an in-country right of appeal against a decision does not give them section 3C leave.

So after expiry of leave, you will become an overstayer, with no rights to work.

Hence, I agree it’s probably best to reapply again shortly before expiry of leave. There should be another right of appeal against a refusal of the latter application.

Thank you very much for your reply, it's much appreciated.

I do have one more question (unsure if I'm supposed to make a new thread for this one). When I applied after the 6th of April, the fees were supposedly changed for FLR(M) from £1,033 to £1,048, however, it turns out I was charged the previous fee (£1,033). There was no option to change this on the form at all, is this something to be concerned about? I'm pretty sure it affected everyone applying as I noticed it was only updated on the online form on the 22nd of April. ( I had another form open which I hadn't submitted so I was able to check the fees)

[vinny]

If the online form generated a non-changeable fee amount directly for your card payment, then it was beyond your control to change it. Then I think you have a reasonable defence.

[MrGamgee]

If the online form generated a non-changeable fee amount, then it was beyond your control to change it. Then I think you have a reasonable defence.

Okay great, that's what I thought. Thanks Vinny.