Immigrationboards.com

Hello Experts,

I have recently joined this board and I am quite impressed with the wealth of information contained in these pages. I have a very specific query, as my ILR/Set(O) for 5 years Tier-1 (General) route application was refused last week and HO has not given me any right of appeal (even though I had raised Human Rights claim in my ILR application), instead they have given me an Administrative Review, Refusal is based on the dreadful 322(5) para (Tax related) & 345AAA (due to a Gap in continuous period), they have misinterpreted my tax fillings for year 2012-2013 while I have proof (Tax Return for that year) that I paid more tax then mentioned on my application in 2013, so I believe could be sorted our but the GAP issue is more complex.

Based on my case as mentioned above, I have consulted two lawyers and both have given me two different suggestions as follows:

Lawyer 1: Prepare & File AR in due time, while launch an FLR(HRO) application in parallel to keep the C3 leave valid, he says that both AR & FLR(HRO) will run in parallel and if AR gets refused again, then we can go for JR, while FLR(HRO) application will keep my C3 leave/right of work alive for some time.

Lawyer 2: Prepare & File AR in due time, while launch an statutory appeal with the FTT in parallel (even though HO has not given me right of appeal, he says that we can challenge that in FTT), as statutory appeal will keep the C3 leave valid, he says that both AR & statutory appeal can run in parallel and if AR gets refused, the statutory appeal at FTT will keep my C3 leave/right of work alive for some time and if it gets refused, we can go to UT for further remedy.

I am not an expert in legal matters but I suspect that either one or both of them are not telling me the right thing, while I want some arrangement to keep my C3 leave alive for financial reasons, so that I can fight my case, specifically the 322(5) para.

So, experts please help, God bless you for helping peoples in need.

Regards,

There is no C3 leave. I assume you meant Section 3C leave.

Filing a second application when your AR is pending effectively withdraws the AR and ends 3C protecion as two applications cannot coexist. So Lawyer 1 is clearly wrong.

AR and legal challenge can go on in parallel for sure. But I am not sure if 3C protection will remain if the AR decision is negative due to the appeal (if allowed). I suspect not.

Also see Section 3C leave guidance to understand how it interacts with relation to appeals & administrative reviews.

marcnath wrote: ↑

Sat Dec 29, 2018 6:59 am

There is no C3 leave. I assume you meant Section 3C leave.

Filing a second application when your AR is pending effectively withdraws the AR and ends 3C protecion as two applications cannot coexist. So Lawyer 1 is clearly wrong.

AR and legal challenge can go on in parallel for sure. But I am not sure if 3C protection will remain if the AR decision is negative due to the appeal (if allowed). I suspect not.

Hi marcnath,

Appreciate your valuable response, however I need some further information as can I go to FTT to challenge ILR refusal even though HO has not provided me the right of appeal while making an argument that I had raised Human rights claims in my ILR/SET(O) application?

I also need to know that if I mention in my AR request that "It is s breach of my rights under Article 8 not to grant me ILR", so will there be a chance they will provide the right of appeal based on this? as it is mentioned in UKVI's Right of Appeal Guide under "Determining if a human rights claim has been made" section, or is there any other reference to a law/article I can mention or a better way to put in my AR request to secure the right of appeal? as I believe that if they give me the right of appeal in AR, then my 3C leave would continue.

Regards,

Hello Experts,

I have a query regarding the section"Basis of your application", in this section there are few options apart from other options that I want to know a bit further about as follows:

1)Claim for leave outside the Immigration Rules because of compassionate and compelling circumstances

2) Leave outside the immigration rules

3) Human rights claim ( non-article 8 )

So, my first question is that what is the main difference between option 1 & option 2?

I have a further question that what would be the difference between option 1 & option 3? does option mean also deals with Human rights claim based on Article 8, while option 3 does not, so is it the only difference between these two options?

Last question is that what other Human rights claims comes under option 3?

Appreciate an expert opinion on these questions.

Thanks & Regards,