I NEED INFORMATION for ILR (Sec-3C), continuous period

[william32]

I came in this country as a international student and I continued to be a student for seven years. After six years I applied for five years residence permit under eea 2 regulation as an extended family member of my cousin brother, because he is an Italian citizen. Unfortunately i application was refused but they left me an option for further application. Thats how I repeatedly reapplied four times, because they refused me three times. I have been able to reapply, because in every refusal letter, they gave me a chance for reapplication.
My application is now pending in home office.

My Question is , it has been nearly 10 years now, Can I apply for an indefinite leave to remain. I spent less then 10 days between the refusal and reapplication dates. I am quite confused about that, is the chain of lawful period is broken or not. Could any one help with sources, i need the accurate information. Thank you for helping me.

[vinny]

Unfortunately, Section 3C isn't applicable to EEA applications.

[william32]

Hi thank you for your information. I have another question.
Right now my eea2 application is pending in home office, if i marry a British citizen now, will i be able to make a cross application for spouse visa under uk immigration law?
Thank you
Mak

[william32]

Hi thank you for your information. I have another question.
Right now my eea2 application is pending in home office, if i marry a British citizen now, will i be able to make a cross application for spouse visa under uk immigration law?
Thank you
Mak

[vinny]

Not if they consider that you have overstayed for more than 28 days (E-LTRP.2.2).

[william32]

I came here as a student on 2005 October. I extended my student visa twice. last time on July 2012, I applied for eea2 residence permit as an extended family member . They refused me four times, I continued to reapply. When they refused me fourth time, I appealed against their decision to lower tribunal. Now appeal is due to be heard on June 2015.

Recently I am on a relation with someone. We are thinking of marrying soon. Her visa status is tier4 international students.
I need to know, could I withdraw the appeal and apply for a dependent visa as a spouse of an international student.

[Obie]

You not be able to apply from within the UK without an extant leave.

[william32]

Could you please explain, what is meant by extant leave.

[william32]

You not be able to apply from within the UK without an extant leave.

Hi Obie, thanks for the answer, could you please clear on my current situation, do I have the extant leave. I really need the information.
William

[vinny]

Extant leave exists, if leave hasn't expired nor curtailed.

[william32]

Extant leave exists, if leave hasn't expired nor curtailed.

Dear vinny , I am raising here my exact situation. Could you please identify, do I have an extant leave at the current situation. You been so helpful to me so far. I gratefully request , if you could clarify me ,also provide me suggestions.... ..
Here is my consecutive history---

I came here as student 10th October 2005 with student visa valid until 01/01/2009
23/12/2008 applied for student visa extension, granted from 11th march until 30th November 2011
25/11/2011 applied for another extension as tier 4 general student and was granted from 13th February 2012 until 30th September 2012.

25th September 2012, applied for EEA2 residence permit.but was refused on 30th June 2013,
18th July 2013, reapplied for EEA2 residence permit.but was refused on 30th November 2013,
11th December 2013, I reapplied for EEA2 residence permit.but was refused on 26th February 2014
12th march 2014, I reapplied for EEA2 residence permit.but was refused on 6th June 2014.

This time I appealed against HO Decision, Was given a date for hearing on 16th December 2015
My witness could not appear in the trial due to his personal reason, also HO lawyer was not ready as she found her bundle missing, so the hearing had to be adjourned.
I am now given a new date for hearing on 11th June 2015.

Recently I am on a relation with someone. We are thinking of marrying soon. Her visa status is tier4 international students.
I need to know, could I withdraw the appeal and apply for a dependent visa as a spouse of an international student.

[ouflak1]

... 30th September 2012...

25th September 2012, applied for EEA2 residence permit.but was refused...

At that point, your extant leave ended. 3C didn't apply after September 30th 2012 anyway because of the application type so no continuous leave either. I think it is unlikely any application to remain will be successful from within the UK, including a spouse dependent visa to a temporary resident (even if they were British or settled, it would require some discretion). And besides, it is a terrible idea to get married for visa purposes. That's potentially a lifelong mistake.

What is the basis for your appeal? It sounds like their decision was correct from just the brief bit of detail you've given.