Out of time appeal

[atanunarail]

Hi,

I applied for Tier 1 visa in 2013 and my appeal was refused in January 2015 at the FTT, then I applied at the FTT for permission to appeal at the UTT but my solicitor applied 1 day late and for this reason the judge refused to grant any further time for this case. I applied to the UTT directly for permission but this time as well my solicitor delayed as they interpreted the time frame wrongly and was refused again. I applied for student visa later on and was granted. Now I want to apply for ILR in the 10 years category. My question is whether my section 3c already broken?

[CR001]

List the dates of all the relevant appeal requests etc.

Section 3C would have only covered you IF an appeal was successful. As your was not, unlikely you were covered.

What is your full immigration history, with relevant dates?

Did you apply for a student visa from outside the UK?

[atanunarail]

List the dates of all the relevant appeal requests etc.

Section 3C would have only covered you IF an appeal was successful. As your was not, unlikely you were covered.

What is your full immigration history, with relevant dates?

Did you apply for a student visa from outside the UK?

Thank you for your reply. My time frame is:

Student visa granted from Bangladesh 18/05/2007
Entered in the UK 12/12/2007
continued student visa till January 2012
PSW visa till 2014
Applied for Tier 1 Entrepreneur Feb 2014
Refused May 2014
FTT appeal date January 2015
FTT refuse date Feb 2015
Appeal at FTT refused March 2015 (Out of time appeal)
Permission to appeal at UTT refused June 2015 (Out of time)
Applied student visa July 2015
Student visa granted August 2015
Now I shall complete my ten years in June 2017

It was not my fault but my solicitor misinterpreted the 14 days time frame and they clarified that when they applied to the UTT. Would you please let me know whether my 3c still continues or not.

[CR001]

No, you did not have 3c protection from when your PSW expired.

Did you apply for a student visa in the UK or did you go home an apply?

[atanunarail]

No, you did not have 3c protection from when your PSW expired.

Did you apply for a student visa in the UK or did you go home an apply?

I applied for tier 1 before my PSW expired, so why should not my 3C continue? It would be really helpful if you could explain. Moreover, I applied for my student visa from UK within 28 days after refusal of my permission to appeal from UTT and it was granted. I still have valid visa till January 2017. I should be covered by article 3D as per transitional cases explains.

[CR001]

From the HO document below, page 13. So you had no 3C because you did not appeal in time.

Out of Time Appeals
Section 3C leave ends when the person does not appeal or seek permission to
appeal within the relevant time limit even if the relevant Tribunal accepts the appeal
or the application for permission to appeal out of time.
Once section 3C leave has come to an end it cannot be resurrected

Section 3D doesn't apply as you did not have an appeal pending and your visa was not 'revoked or curtailed'. Page 20 of the same document.

https://www.gov.uk/government/uploads/s ... ve-6_0.pdf

[Obie]

I believe your section 3C was extant until your lawyer failed to make an in time application.

What made matters worst, was the tribunal's decision not to extend time.

It is incompetent not to put in appeal in time.

Unlike the court of appeal, the UT and FTT are totally unreasonable when it come to granting extension of time.

[Obie]

I don't agree with Home office on resurrection of Section 3C.

If a person was granted an extension of time, this is provided for on law, and therefore the extension of time has the effect of making the person application in time, when it would have been otherwise if an extension of time had not been granted.

[atanunarail]

I don't agree with Home office on resurrection of Section 3C.

If a person was granted an extension of time, this is provided for on law, and therefore the extension of time has the effect of making the person application in time, when it would have been otherwise if an extension of time had not been granted.

Dear Obie,
Thank you for your reply. Would you please let me know whether I have any realistic chance of getting ILR, if my 3C no longer valid?

[Obie]

If your residence breaks, there is no realistic prospect of getting ILR.

[atanunarail]

If your residence breaks, there is no realistic prospect of getting ILR.

Sorry, I could not quite catch that. From the time frame; is my continuous residency already broken? This happened long before this rule changed, this was not my fault and my solicitor explained that to the UTT judge. Moreover, they issued me visa after that incidence. If my 3C curtailed at that time, I would have been over stayer, so why did they issue me visa?

[faisalb61]

dear obie why you did not complain againts your lawyer

[Obie]

dear obie why you did not complain againts your lawyer

About what.