ILR 10 years refused with right of appeal

[zohaib0794]

Hi Everyone,

I have a similar case here and need some advice please.

I entered UK on 25th Dec 08 (10 year period starts here) as a student and made successful applications until October 2016.

On 6 October 2016, I made an application for Tier 1 Entreprenuer extention which got refused on 31st Jan 2018.
Applied for AR which also got refused. Then made a Fresh application which was again refused by the home office and was given right to Admin review within 14 days.

I made an application for ILR(LR) 25/08/18 within that 14 day period and did not go for Admin review, Knowing that I am still short of around 3 months for the 10 year period. My lawyer convinced me that the section 3c is not broken as we had made an application within the grace period. Also he provided some reference to cases which got approved by the home office at the case worker's discretion and some won thier cases at the appeal.

I have received my biometrics letter for ILR.

My questions are:
1. Do you guys think that section 3c is broken?
2. Do you think there is a chance I can get the ILR?

And help will be much appreciated.

[cyclina1]

Hi Everyone,

I have a similar case here and need some advice please.

I entered UK on 25th Dec 08 (10 year period starts here) as a student and made successful applications until October 2016.

On 6 October 2016, I made an application for Tier 1 Entreprenuer extention which got refused on 31st Jan 2018.
Applied for AR which also got refused. Then made a Fresh application which was again refused by the home office and was given right to Admin review within 14 days.

I made an application for ILR(LR) 25/08/18 within that 14 day period and did not go for Admin review, Knowing that I am still short of around 3 months for the 10 year period. My lawyer convinced me that the section 3c is not broken as we had made an application within the grace period. Also he provided some reference to cases which got approved by the home office at the case worker's discretion and some won thier cases at the appeal.

I have received my biometrics letter for ILR.

My questions are:
1. Do you guys think that section 3c is broken? Yes broken, when you gave up further appeal after AR of your first TIer 1 extension, but made a fresh application. If your previous Tier 1 visa has expired after AR, no 3C anymore. I don't know why your soicitor said your 3C NOT broken
2. Do you think there is a chance I can get the ILR? I don't see why the home office will give you discretion, from the case you provided.

And help will be much appreciated.

[cyclina1]

Example 1
The person makes an in time application for leave which is refused on 20 April and
gives rise to a right to administrative review. A variation of the initial application (a
fresh application) is submitted on 30 April. Section 3C leave comes to an end on 29
April, the day before the fresh application is made. The person does not have section
3C leave while the fresh application is being decided.

Read Page 16.
https://assets.publishing.service.gov.u ... e-v8_0.pdf

Either your solicitor is suck or just milking you cash.

[cyclina1]

Also page 11

Once section 3C leave has come to an end it cannot be resurrected. This is because
section 3C leave exists only where it is a seamless continuation of leave, either
extant leave or section 3C leave. Where there is a break in that leave, for example
because section 3C leave has come to an end, section 3C leave cannot be
resurrected.