Clarification and possible advice on legal remain under Section3C for 10yers ILR
Posted: Tue Dec 04, 2018 12:55 pm
Hi,
I was thinking of starting the process of my ILR application but an advice from a solicitor is making me reconsider and I would like to ask on this forum for any opinion on my scenario.
My immigration history is as follows:
-Entered the UK on Tier4 (student) for my MSc in Sept 2008
-Changed to PSW (in-time application) after graduation, then got admission to do my PhD in 2010/2011
-Started my PhD with the PSW and in 2012 made an in-time application to change to Tier4
-Tier4 application was refused (Not enough funds for 28 days to gain 10 Maintenance points)
-Appealed as I had the option (in-time) and got the appeal decision on 23rd July 2012 (Letter dated 20th July 2012).
-The appeal was unsuccessful but with the option of applying for permission to appeal in the upper tribunal and this was to be made within 5 days of receipt of the letter).
-Decided against further appeal on advice of my then solicitors and left the country on 1st August 2012.
-Came back with a Tier 4 to the UK on 9th Nov 2012 (i did not re-apply within 28days) and completed my PhD and I am currently on Tier2.
My current solicitors say I had legal remain under Section 3C (claiming in 2012, if one had an option to apply in the upper tribunal, you had 10 days of Section 3C, not the 5days I was given to apply for permission) and could make a detailed application with a good covering letter.
I am asking if anyone has any advice confirming or disputing this, or, has been in a similar situation and applied successfully. Thanks.
I was thinking of starting the process of my ILR application but an advice from a solicitor is making me reconsider and I would like to ask on this forum for any opinion on my scenario.
My immigration history is as follows:
-Entered the UK on Tier4 (student) for my MSc in Sept 2008
-Changed to PSW (in-time application) after graduation, then got admission to do my PhD in 2010/2011
-Started my PhD with the PSW and in 2012 made an in-time application to change to Tier4
-Tier4 application was refused (Not enough funds for 28 days to gain 10 Maintenance points)
-Appealed as I had the option (in-time) and got the appeal decision on 23rd July 2012 (Letter dated 20th July 2012).
-The appeal was unsuccessful but with the option of applying for permission to appeal in the upper tribunal and this was to be made within 5 days of receipt of the letter).
-Decided against further appeal on advice of my then solicitors and left the country on 1st August 2012.
-Came back with a Tier 4 to the UK on 9th Nov 2012 (i did not re-apply within 28days) and completed my PhD and I am currently on Tier2.
My current solicitors say I had legal remain under Section 3C (claiming in 2012, if one had an option to apply in the upper tribunal, you had 10 days of Section 3C, not the 5days I was given to apply for permission) and could make a detailed application with a good covering letter.
I am asking if anyone has any advice confirming or disputing this, or, has been in a similar situation and applied successfully. Thanks.