Travelling while appeal is pending

[shockwave1986]

Hi All,

I am currently under Tier 2 work permit visa. I plan on applying for ILR, premium service although in all likelihood it might get rejected and I plan to go down the appeal route. My question is whether I can travel abroad while I still have an appeal pending ? Please note that this is would NOT be leave granted under 3C/D as I will have leave to remain throught the period (T2 expires in Nov 2020 and hopefully it takes less than 3 years to see a case to full resolution).

I know that under 3C if I travel, my appeal will automatically fall through and I will no longer have leave to remain. But do I have the freedom to travel if I have leave under another category and a pending appeal ?

Thank you in advance for your answers.

[CR001]

I plan on applying for ILR, premium service although in all likelihood it might get rejected and I plan to go down the appeal route.

Applying for ILR based on what route? Thought you had done that already last year and been refused (click)

[iworker]

when u apply for visa, and visa is rejected, and your last leave is still valid (like in your case), you do not get right to appeal

[shockwave1986]

I plan on applying for ILR, premium service although in all likelihood it might get rejected and I plan to go down the appeal route.

Applying for ILR based on what route? Thought you had done that already last year and been refused (click)

Sorry I forgot to mention, that is 10 year long residence route and I will be raising article 8 and human rights claim in this. I'm going down the premium route as I need my passport to travel for work. My last application went to appeal and for 6 months with no hearing date, I had to drop and transfer onto another visa (Doctorate Extension Scheme) and recently a Tier 2 general. The reason I had to drop the appeal is because 3C only says it applies for decisions that have not been decided yet and the sollicitor said technically my application has been decided (by the home office). So there is doubt whether a pending appeal counts as "not been decided".

Long story short, my last application was refused because:
1. The HO said that I had a gap longer than 28 days whereby I overstayed. However I had an application that was deemed invalid then and should cover this period - overstaying should count from the notice of invalidity. It was deemed invalid because I still had the right of appeal (to upper tribunal ) when the application was made.
2. There was a gap over 6 months during which I had to look after my parents. Medical certificates were provided buy the worker said because the doctor used the word "advised" therefore is was a choice rather than necessity even though the Medical diagnosis was said otherwise. And the doctor said how their conditions would deteriorate in my absence (Seriously?)

Any a few other human rights ground that I don't feel were addressed adequately. Hence I am more confident of my chances at appeal. My question remains whether I can travel while my appeal is still pending ?

[CR001]

Pending Appeals process protects you and leaves your Section 3C intact.

[shockwave1986]

when u apply for visa, and visa is rejected, and your last leave is still valid (like in your case), you do not get right to appeal

Thank you for your reply. Yes I read about this before but I thought this does not apply for cases that raise a human rights claim - which I will be raising article 8 of ECHR in my 10 year route. I will see if I can find the source.

[shockwave1986]

Found the link - it's in the guidance notes. https://www.gov.uk/government/uploads/s ... _11-16.pdf

The last line says:

"22. You have the right to appeal if this application is refused."

[CR001]

There have been members that have a) not been given appeal rights and b) some who have, it has been an out of country appeal right.

[shockwave1986]

Pending Appeals process protects you and leaves your Section 3C intact.

I'm glad you mention this, as this is what I thought was the "spirit" of 3C. But previously, my solicitor pointed out that the wording in 3C makes my case ambiguous.

It's better explained in https://www.freemovement.org.uk/section ... g-appeals/

So, my case was decided by the Home Office and I still had leave at that time and I lodged an appeal. But as my leave was about to expire, does that mean 3C is applicable ? The second part refers to 3C leave being extended while an appeal is pending but how can it be extended if it does not apply in the first place ?

"Best not to risk it", said the sollicitor especially as they already think I overstayed.

Unfortunately I cannot afford a sollicitor at the moment, as such applications tend to cost quite a bit! Anyway so to recap, if I have leave to remain and appealing against a decision, can I travel in and out of the country or will that automatically render the appeal invalid ?