Section 3D

[Bimshire]

Does anyone knows when Section 3D starts. At the point of appealing /when the decisions to revoke is made?

[Casa]

Does anyone knows when Section 3D starts. At the point of appealing /when the decisions to revoke is made?

Don't you mean Section 3c

[Bimshire]

No. Section 3D. This is pre 2014. Revocation made in 2011 but found to be unlawful in 2014.
HO does not believe 3D kicked in when Appeal was made

[CR001]

Can you provide more details of your case and UK immigration history??

Difficult to offer advice with the very limited information you have provided.

[Bimshire]

Entered U.K. On November 26 2001 and had valid and continual leave due to end on November 7 2012 .My leave was curtail by the HO March 31 2011 but service was not received of said curtailment. Applied for ILR via 10 year rule in Decmber 2012. Application refused in August 2013 because of curtailment and therefore 10 year not met. Appealed in time in September 2013 and received a date from FTT for June 2014.
At FTT in June 2014?curtailment found to be unlawful and file returned to HO for review taking into consideration that the 10 years have been accrued.
In September 2015 ILR refused again on the grounds that there was a period of more than (28) twenty-eight days overstaying between the end of visa in 7 November 2012 and date of application December 10 2012. 35 days to be exact. Failed to meet requirement 276 v. Section 3D was never applied and the matter is now a ground of appeal.

[Obie]

Section 3D commences from the time of the revocation or Curtailment, to the time when all appeal rights are exhausted and not pending.

[vinny]

I think provided that the curtailment had immediate affect, i.e. was not deferred for a limited number of days.

However, if your leave had expired on 07 Nov 2012, then why did you apply on 10 Dec 2012?

[Obie]

I concur Vinny.

It is important for member to appreciate that if their leave is curtailed to a later date and a right of appeal is granted, section 3C may not be engaged. If however there is a ruling that a decision is unlawful and awaiting before the Secretary of State for lawful decision, even if the person''s leave had expired by then, he or she will have a strong and more than arguable case that their leave had not broken..

[Bimshire]

To vinny, is it the curtailment that engages 3D or the act of appealing?
There was a rule change in October 2012 that brought in the 28 day rule that I was unaware of but I believe that it relevance loses it strength because the decision to curtail the leave was already made therefore I had no leave.

[vinny]

If your leave was curtailed immediately, then Section 3D starts, giving time to appeal. If you don't appeal in time, then Section 3D may lapse. The act of appealing in-time extends Section 3D.

[Bimshire]

Thanks Vinny.
I believe the concern with the 3D stems from the fact that it (the curtailment) was found to be unlawful. So in some quarters it is believed that the curtailment never existed hence 3D could not be engaged.

[vinny]

That's possible. In what way was the curtailment unlawful?

[Bimshire]

It was never served to me until I got in with the refusal notice.

[Yashaccounts]

Dear moderators and experts in this form kindly look into my case advise further. Please spare few minutes to help my family


DETERMINATION AND REASONS

1) the appellant a national of India was granted leave to remain in the U.K until 6th august 2015. In 2014 he left uk ,his leave remaining in force . On his return on 24th November 2014 his leave was cancelled by an officer citing and relying on paragraph 321a of the statements of changes in immigration rules ,Hc 395 as amended. The appellant appealed , unsuccessfully and was refused permission to appeal to the ut. The later decision was successfully challenged by a claim for judicial review , following he was granted permission.

2)we note however, that allowing the appeal should not be taken itself to indicate that the appellant has current leave. As we understand the matter , of the decision under appeal is reversed, his leave has nevertheless expired; we are not invited to determine wether 3D of the 1971 act should be read to include cancellation of leave , a concept not apparent on his face
3) appeal allowed


Questions

Decision rcvd in writing 14 weeks ago
Current visa expired
Reporting fortnightly
3 dependents pending home office applications for Ltr

Should I apply 10 years route or Ilr ?

Please share your view
Appreciate for reading

Hima

[vinny]

Dear moderators and experts in this form kindly look into my case advise further. Please spare few minutes to help my family

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