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Section 3C

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Hassan Rasheed
Member
Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Section 3C

Post by Hassan Rasheed » Mon Nov 06, 2017 11:21 pm

Hi Zimba,
I applied my visa extension in June 2016 which refused in Feb2017.
I applied A.R within 14 days, AR refused.
Than I applied extension fresh application within 14 days after AR refused.My Application approved on 01/11/17 valid till 01/11/2019.

My question about Section 3C Leave, Does my Continuity break OR not ?

ILR Applicant can apply after 5 years from Date of issue visa date OR after 5 years from date of arrival in UK ?

Momi
Senior Member
Posts: 644
Joined: Tue Jan 08, 2013 2:08 pm
United Kingdom

Re: Section 3C

Post by Momi » Mon Nov 06, 2017 11:25 pm

No. It doesn't break.
You are fine. :wink:

manu2017
Member
Posts: 104
Joined: Thu Jul 27, 2017 11:17 am
Mood:
Pakistan

Re: Section 3C

Post by manu2017 » Tue Nov 07, 2017 1:53 am

Hassan Rasheed wrote:
Mon Nov 06, 2017 11:21 pm
Hi Zimba,
I applied my visa extension in June 2016 which refused in Feb2017.
I applied A.R within 14 days, AR refused.
Than I applied extension fresh application within 14 days after AR refused.My Application approved on 01/11/17 valid till 01/11/2019.

My question about Section 3C Leave, Does my Continuity break OR not ?

ILR Applicant can apply after 5 years from Date of issue visa date OR after 5 years from date of arrival in UK ?
I believe you're fine to apply for ILR anytime after June 2018 :) :)

User avatar
zimba
Moderator
Posts: 21933
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Section 3C

Post by zimba » Tue Nov 07, 2017 2:08 am

You have overstayed but the period will be ignored for ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Hassan Rasheed
Member
Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Re: Section 3C

Post by Hassan Rasheed » Tue Nov 07, 2017 9:32 am

zimba88 wrote:
Tue Nov 07, 2017 2:08 am
You have overstayed but the period will be ignored for ILR
My first application submitted when visa valid, but when i applied for 2nd application my visa expired.
How they issue ILR if i am overstayer ?

Hassan Rasheed
Member
Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Re: Section 3C

Post by Hassan Rasheed » Tue Nov 07, 2017 9:43 am

manu2017 wrote:
Tue Nov 07, 2017 1:53 am
Hassan Rasheed wrote:
Mon Nov 06, 2017 11:21 pm
Hi Zimba,
I applied my visa extension in June 2016 which refused in Feb2017.
I applied A.R within 14 days, AR refused.
Than I applied extension fresh application within 14 days after AR refused.My Application approved on 01/11/17 valid till 01/11/2019.

My question about Section 3C Leave, Does my Continuity break OR not ?

ILR Applicant can apply after 5 years from Date of issue visa date OR after 5 years from date of arrival in UK ?
I believe you're fine to apply for ILR anytime after June 2018 :) :)
Thanks,When i applied 1st application my visa was valid but when i applied 2nd fresh application on march 2017 visa was expired.whats your thoughts ?

User avatar
zimba
Moderator
Posts: 21933
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Section 3C

Post by zimba » Tue Nov 07, 2017 11:58 am

Because the rules allow them to discard that period of overstaying :!:
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

rochelle86
Newly Registered
Posts: 28
Joined: Fri Jun 09, 2017 5:22 pm

Re: Section 3C

Post by rochelle86 » Thu Nov 09, 2017 9:24 pm

Hello,

Please assist in my case my Initial application got rejected- Applied for Admin Review -Reject again then made a fresh application with 14days as advised. As a director of the company can i continue business activities. Also can i provide services to my clients or is their any issue.

Many thanks

Regards,
Rochelle

Hassan Rasheed
Member
Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Re: Section 3C

Post by Hassan Rasheed » Thu Nov 09, 2017 11:20 pm

rochelle86 wrote:
Thu Nov 09, 2017 9:24 pm
Hello,

Please assist in my case my Initial application got rejected- Applied for Admin Review -Reject again then made a fresh application with 14days as advised. As a director of the company can i continue business activities. Also can i provide services to my clients or is their any issue.

Many thanks

Regards,
Rochelle
Hi Rochelle,
I was in same situation as you are now, I am director of my business,HO did not stop me for work and i continue all business activity as normal,So i think you should be ok and continue your normal activity.

rochelle86
Newly Registered
Posts: 28
Joined: Fri Jun 09, 2017 5:22 pm

Re: Section 3C

Post by rochelle86 » Thu Nov 09, 2017 11:56 pm

Hi ,

Thank you for the reply does this info show on home office about can run business as normal. Also i m an employee in my company. Can i work on payrole for.my own company.

Many thanks

Regards,
Rochelle

Hassan Rasheed
Member
Posts: 135
Joined: Sat Oct 01, 2016 9:42 pm

Re: Section 3C

Post by Hassan Rasheed » Sat Nov 11, 2017 12:15 am

rochelle86 wrote:
Thu Nov 09, 2017 11:56 pm
Hi ,

Thank you for the reply does this info show on home office about can run business as normal. Also i m an employee in my company. Can i work on payrole for.my own company.

Many thanks

Regards,
Rochelle
I am 100% shareholder and director of company taking salary. I would strongly suggest you don't need worry on as long as if HO not stop you for work.

Riz258
inactive
Posts: 10
Joined: Wed Nov 08, 2017 11:01 pm
Pakistan

Re: Section 3C

Post by Riz258 » Sun Nov 12, 2017 6:11 pm

Hassan Rasheed wrote:
Thu Nov 09, 2017 11:20 pm
rochelle86 wrote:
Thu Nov 09, 2017 9:24 pm
Hello,

Please assist in my case my Initial application got rejected- Applied for Admin Review -Reject again then made a fresh application with 14days as advised. As a director of the company can i continue business activities. Also can i provide services to my clients or is their any issue.

Many thanks

Regards,
Rochelle
Hi Rochelle,
I was in same situation as you are now, I am director of my business,HO did not stop me for work and i continue all business activity as normal,So i think you should be ok and continue your normal activity.
Hi Hassan and Rochelle
Please would you like to share your immigration history.
And after rejection which visa did you switch in to save 3c ? I am in quite a similar situation and extremely worried. I will really appreciate if you can share any information.
Thank you.

indiancitizen
Newly Registered
Posts: 6
Joined: Fri Feb 17, 2017 1:21 am

Re: Section 3C

Post by indiancitizen » Fri Mar 30, 2018 11:41 pm

Hi Hassan Rasheedh,

On the ILR guidance for case workers, there is a paragraph explaining what BREAKS are allowed. Since you made the fresh application within 14 days, your overstay will be disregarded (as Zimba rightly pointed out).

However, the ILR requirements also needs "being economically active", so I wonder if you were considered economically active after your Section 3C ended.

It will be great if the moderators can shed some light on to this.

My case is identical to Rasheedhs.

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