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Hi Guys,

I'm in a confused situation due to my lawyer not advising me properly.

My history:

Came to UK in:

16/09/2007 - Student visa for 3 Years
01/04/2011 - Applied for HSMP
23/09/2015 - Got the refusal after waiting and chasing HO 4 years. Reason the verification of Salary slips i provided came as not genuine back in home country, unfortunately by this time the company was closed and i couldn't do much but got a letter from Labour ministry to prove that i had paid my taxes during the time i submitted pay slips and to confirm company was registered. Appeal rights given.
01/10/2015 - Applied for Appeal at FTT but it was refused,
04/02/2016 - Asked permission for UT
03/09/2016 - Permission denied
30/09/2016 - Appeal rights exhausted
So the lawyer said to submit a FLO(o) to very to go for ILR.
09/11/2016 - FLR(O) submitted
27/12/2016 - Biometrics given
07/02/2017 - NHS charges paid
27/10/2017 - Refused with no appeal rights
04/11/2017 - Submitted FLR on the basis of private life on the advice of the lawyer
06/02/2018 - Biometrics given
07/03/2018 - NHS charges paid
16/09/2018 - 10 years completed, but waited for the result of application on the advice
20/12/2018 - Refusal received with appeal rights from Out of country (Human rights claim certified as unfounded, and we have considered under private life 10 years but refused based on false document on previous applications ie:payslips)

Now the lawyer who advice me is not available due holiday season and trying to figure what to do.
Does my 3C end here? or can i make a ILR application based on 10 years and try to prove the false document was wrong although the company is closed i got proof from Labour ministry.

Please advice.

Please anyone any ideas?

30/09/2016 - Appeal rights exhausted
So the lawyer said to submit a FLO(o) to very to go for ILR.
09/11/2016 - FLR(O) submitted

You don't have 10 years legal residence to qualify for ILR based on long residence. You have been an overstayer since your appeal rights were exhausted on 30th September 2016. You have had no Section 3C protection since this date.

You also submitted the FLR(O) application more than 28 days after the appeal rights were exhausted based on the dates you have posted.

Hi CR001,

Thanks for reply, really appreciate you helping me.
Sorry i mistyped the FLR(O) application as submitted on the 19/10/2016 (I don't know how to correct it on the original post )

I was told 3c will continue until All appeal rights were exhausted. And the FLR(O) was submitted within 28 days.

The last refusal FLR(FP), the case worker has said he considered private life 10 years i don't qualify cos of the "Deception", but there's nothing to say my 3c was broken until now.

If that's the case (i hope), can i still submit an application based on 10 years private life and go fo appeal to prove my pay slips were genuine? is submitting it within 14 days a good idea?

Thanks a lot!

Anyone please

can anyone please clarify this, I don’t won’t to waste money to a new lawyer if there’s no chance as I’m in a bad financial situation..

If you were unable to prove your payslips were genuine when you appealed the refusal in 2015, how will you prove their validity now.

Casa wrote: ↑

Tue Dec 25, 2018 10:28 pm

If you were unable to prove your payslips were genuine when you appealed the refusal in 2015, how will you prove their validity now.

By going for a JR and asking HO office to check directly with Labour ministry in my home country as they made a verification mistake in 2015. My lawyer advice to do this when applying for 10 years as we couldn't go for JR in 2015 as it would break the continuity.

There's a clause on the refusal that says, "if you think there are other reasons why we should allow you to stay in the UK you need to make an application" So if make the ILR application within 28 days (FLR-FP refusal was dated 20th of this month) will it be considered as an on-time application?

Thanks so much for giving your valuable time to help me. I'm in a bad situation and your advice is very valuable for me to take right decisions.

Your Section 3c leave ended on 30/09/2016, when your appeal rights finished.

Submitting an application after Section 3c leave ends (along with appeal rights) does not extend Section 3c leave. You become an overstayer when the Section 3c leave ends. An application within 28/14 days does NOT revive Section 3c leave.

However, if you make an application within 28 (now 14) days AND that application succeeds or is still pending, the gap between the end of your Section 3c leave and the grant of the next application is ignored for the purpose of any future application under the UK Immigration Rules.

In this case, as the application that you made within 28 days of your Section 3c leave expiry was not successful, you have remained an overstayer since then.

As your FLR(FP)/second application was submitted well past the 28 days of the end of your Section 3c leave, your leave is considered broken for the purpose of Long Residence.

Thank you so much for clarifying this, i was advised after the refusal of FLR(o) if i submit the FLR(FP) as the refusal letter for FLR(o) said if there's any reason other than this i should do a new application and the lawyer i took advice said if i apply within 28 days my 3c will continue, which is obviously a lie.

Wasted money and time, hope someone learns from my mistake.