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When does leave and right to work by sec 3D expire?

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profremy
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Joined: Fri Dec 26, 2014 8:37 pm

When does leave and right to work by sec 3D expire?

Post by profremy » Tue Dec 30, 2014 12:20 am

I am new to this forum so I hope this is the best place to ask my question in the sense that its urgent. I will try make the it as short as possible.
I came to the UK in Oct 2010 as a student. Finished masters Nov 2011. Got PSW Feb 2012 which expired Feb 2014. I had applied for FLR (FP) under Article 8. It was refused with appeal right. Appealed to FTT - dismissed. Appealed to UT thus;- "... The refusal and/or the dismissal were without reference to any legitimate aim and even when there is one, it may be relevant to the consideration of proportionality. Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013) is a more recent approach than the cases referenced by the First-tier tribunal. Considering my education, career, relationships, time spent in the UK and family life consistent with article 8, refusal to vary leave outside the rules which is permissible was disproportionate and unlawful under article 8, and as it is unsafe in <my country where political instability, killings, suicide bombings, kidnapping, etc exists>, removal will have unjustifiable harsh consequences. I therefore apply for permission to appeal".
UT dismissed as follows;- "The appellant complains that the public interest to be set against his private and family life rights was not expressly stated by the respondent or the Judge. It was however, axiomatic, that is the control of immigration as part of the economic well being of the United Kingdom (see Article 8(2) ECHR). The judge did not arguably err in law in his analysis by refraining from referring expressly to the public interest nor would the outcome be arguably different if he had done so". UT decision was dated 22 Dec 14 and may have been delivered between 24 - 27 as we (myself, wife and 7 months old baby) were away on Christmas Holiday. No appeal right as is "excluded decision" 1. When does current leave and right to work by reason of 3D expire? 2. Can I still go for JR and what is the time limit to send a pre action protocol and or lodge a claim? 3. What is the estimated time limit for all possible hearings because I believe it will be heard due to some serious changes in circumstances. I am worried that seeing the decision letter late due the holidays is putting my options in danger, a bit confused and can't even think now. I have never used a lawyer so far, I am going to need one now. but please your advise would be appreciated. Thank you and apologies for double posting

riz1986
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Posts: 249
Joined: Wed Nov 18, 2009 9:45 pm
Location: Loughborough

Re: When does leave and right to work by sec 3D expire?

Post by riz1986 » Tue Dec 30, 2014 8:33 pm

from 22 dec.....only option seems to be JR (a lawyer can advise abt it ) or a fresh application within 28 days in a different immigration category

Obie
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Location: UK/Ireland
Ireland

Re: When does leave and right to work by sec 3D expire?

Post by Obie » Wed Dec 31, 2014 2:00 am

Well Section 3C has now come to an end in your case.

AS you currently stated, it is an excluded decision, so it cannot be appealed to the court of appeal.

Your available option is to make a new application or apply under the Cart JR route, the test is pretty tough for you to be able to apply to Judicial review the Upper Tribunal decision.


5 years residence is well short of the 20 years requirement for success under the rules, and your child is very young, and there are no health issued, or a British or Settled spouse or partner.

It will be hard to say the tribunal's assessment was wrong.

Several years back , you may have succeeded, but not in this current climate.
Smooth seas do not make skilful sailors

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