3C leave

[jaberdene]

Hi all

just wondering one thing,

in time and valid application refused 15/05/2009. no appeal was brought. in this case 3C leave ended on 15/05/2009 or after 10 days of the date which is 25/05/2009?

cheers
JE

[Ged]

Hi,
Perhaps you can increase your chance to get help if you provide more details. Why was the refusal? and why is 3c relevant to you?

[jaberdene]

Hi all

just wondering one thing,

in time and valid application refused 15/05/2009. no appeal was brought. in this case 3C leave ended on 15/05/2009 or after 10 days of the date which is 25/05/2009?
cheers
JE

Reason for refusal was I applied short courses. After refusal I reapplied for 2 years course on 21/05/2009. I just wanted to know if I had a 3C leave when I reapplied. I did grant new leave for my 2nd application.
Im worried the time period between 15/05/2009 and 21/05/2009. Im going to apply ILR based on 10 year rule.
Cheers

[Ged]

Have a look at this guidance note;

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In page 19 it says;
"Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications."

You did not appeal but made a different application. But still, this seems to mean you were protected by 3c. Additionnaly, there is one more reason to be hopeful; your second application was launched within 10 days of the refusal. This should mean the case worker can use discretion if this is the only gap in your immigration history.

This is just my humble opinion.

[jaberdene]

Have a look at this guidance note;

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

In page 19 it says;
"Section 3C extends leave when a person with leave to enter or remain makes an in-time application. That is one made before their leave expires, but one in which their leave expires before a decision on that application is reached. If a person has 3C leave, and their application is refused, 3C leave continues until their appeal rights are exhausted. Section 3C only applies to in-time applications."

You did not appeal but made a different application. But still, this seems to mean you were protected by 3c. Additionnaly, there is one more reason to be hopeful; your second application was launched within 10 days of the refusal. This should mean the case worker can use discretion if this is the only gap in your immigration history.

This is just my humble opinion.

Thanks for your quick answer.
In both cases it seems I should be OK. I asked an immigration adviser to write a cover letter on this issue but I was asked a lot money. Then I decided to write it myself. But still not sure which option is right one. I dont wish to write like maybe I had a 3C leave in that period or I have only one short gap which is created by the out of time application which was made within 10 days. That is only gap in my 10 years anyway.

Another thing is If I had had a 3C leave after refusel then I was not allowed to make a new application according to 3C rule. But I did and got visa. Or it might be treated as variation of 1st application? Confusing!!!

Just thinking do I really need to write a cover letter or just leave it for the CW.
The imm adviser just said I shud be OK but need to write a cover letter which could cost me hundreds bucks. I know they always say legal assistance will help me blah blah. Dnt know wat to do now, to be honest.
Any comment will be welcome.
Cheers