Complex question about 3C-Admin Review

[helpingperson]

Dear Seniors,

If someone makes an in time application when he has valid leave, gets refusal with Admin Review, instead of applying for Admin Review, he makes a new application, will this 2nd application be considered as in time application as it was made while he has 3C leave?

3C related rules say that during admin review you have 3C leave till admin review is decided.

Please could someone answer with reference to rules.

Thank you.

[monty87]

Dear Seniors,

If someone makes an in time application when he has valid leave, gets refusal with Admin Review, instead of applying for Admin Review, he makes a new application, will this 2nd application be considered as in time application as it was made while he has 3C leave?

3C related rules say that during admin review you have 3C leave till admin review is decided.

Please could someone answer with reference to rules.

Thank you.

You will continue your 3C leave if you apply for 2nd application before your current visa has expired.

Admin review give you 3C leave if your current leave has expired while home office made their decison and 3C leave will finish on admin review result if decision is maintained.

[helpingperson]

Monty,

Thanks for response, I don't think this is answer to my question so I ask again in more clear words.

If you make an application while you have valid leave, your leave expired while in process with HO, then refused, HO give you Admin Review option. Instead of going for Admin Review, you straight apply for new application, will this be considered as in time application as you applied when you had 3C leave (because of Admin Review option)?

You have 3 C leave until your admin review is decided.

[cs95tdg]

Similar question raised under the following topic. Link to section 3c/d guidance is also available under that topic.

http://www.immigrationboards.com/uk-tie ... l#p1385604

If someone makes an in time application when he has valid leave, gets refusal with Admin Review, instead of applying for Admin Review, he makes a new application, will this 2nd application be considered as in time application as it was made while he has 3C leave?

In this particular scenario, extension of leave under section 3c would end on the date of the refusal, as you say they decided not to apply for a admin review. So my interpretation would be that the subsequent new application would be considered out of time.

[monty87]

your leave expired while in process with HO, then refused, HO give you Admin Review option.

You have not mentioned in your original post that your leave expired whilst home office decision. In that case, you will not continue 3C leave, your 3C leave finishes once you withdraw AR or at admin review decison if your current visa has expired. You will not be able to continue 3c leave for 2nd application as it will out of date.

[helpingperson]

cs95tdg

Thanks a lot, very helpful.

I am planning about my future options and want to see how I can make in time application if at all possible.

So facts are, if you make an application while you have valid leave, leave expires while application with HO, you get refusal, with Admin Review, now whether you go for Admin Review or straight away make an application without going for Admin Review, in both scenario, your new application will be out of time application, correct?

Option-less.

[cs95tdg]

So facts are, if you make an application while you have valid leave, leave expires while application with HO, you get refusal, with Admin Review, now whether you go for Admin Review or straight away make an application without going for Admin Review, in both scenario, your new application will be out of time application, correct?

No. If you go for an admin review after the refusal then your previous leave will be extended until a decision is made on the admin review.

On the other hand, if you decide not to apply for admin review, then your leave extension under section 3c would end on the date of refusal.