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Please gurus help, very confusing situation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Please gurus help, very confusing situation

Post by tanvir1985th » Sat Mar 29, 2014 10:34 pm

I have a unique situation here. my immigration history as follows:

came in UK 2005
Did all the renewal on time and last visa was PSW valid till January 2013
Applied for T1 entrepreneur in august 2012
Got refused and lodged appeal which dragged up until 30 december 2013
applied for T1 entrepreneur visa again on the same day 30 december
got refused again 24 february 2014 surprisingly with another appeal right
Phoned up home office for some information and the telephone operator found a note in my case ID that I was given appeal right by error but at the same time i said i already lodged appeal. so they said its down to the tribunal now whether to accept my appeal or not.
I lodged appeal and appeal is registered by tribunal and got hearing date in september 2014
I will be eligible for long residency on 25 june 2015

So dear friends and gurus could you please answer the following questions with your knowledge and experience
1) second refusal letter says if I appeal I will have section 3C leave but at the same time over the phone they confirmed it was a mistake from them. so do I have section 3C leave now?
2) will I be eligible to make another fresh application after appeal within 28 days?
3) do I have any break in long residency?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: Please gurus help, very confusing situation

Post by vinny » Sun Mar 30, 2014 4:52 am

If the Tribunal accepts that you have a right of appeal, then Section 3C leave is reinstated.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Re: Please gurus help, very confusing situation

Post by tanvir1985th » Sun Mar 30, 2014 10:07 am

vinny wrote:If the Tribunal accepts that you have a right of appeal, then Section 3C leave is reinstated.
Thx vinny for your answer. But I have few more questions after reading the link you gave me regarding out of time appeal accepted by tribunal. please also bear in mind that my 2nd fresh application within 28 days of the appeal right exhaustion. the questions are:
1) considering that my appeal was never out of time but was a mistake done by home office, was I ever outside of section 3c between 30 december 2013(fresh application date) and 24 february 2014(refusal date?
2) Will ordring SAR reveal if there is a overstaying period between those dates?
3) Has the chain of long residency broken?

your help will be appreciated

tanvir1985th
Member of Standing
Posts: 279
Joined: Sun May 05, 2013 12:12 pm
Location: United Kingdom

Re: Please gurus help, very confusing situation

Post by tanvir1985th » Mon Mar 31, 2014 10:22 pm

vinny wrote:If the Tribunal accepts that you have a right of appeal, then Section 3C leave is reinstated.
vinny i am still awaiting for your answers on those questions. thanks

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