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3C Leave Continuation after AR Refusal

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

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ventriloquist
Newly Registered
Posts: 5
Joined: Fri Dec 28, 2018 11:45 pm
Vanuatu

3C Leave Continuation after AR Refusal

Post by ventriloquist » Sat Jan 12, 2019 9:06 pm

Hello Experts,

I am currently waiting for the decision on my Administrative Review Application (Unfortunately, I am not very hopeful about the outcome), so my question is as follows:

- If I file a new application FLR(HRO) or FLR(AR) within 14 days of Administrative Review refusal, then will my 3C leave continue until my new application is decided as I will apply within 14 days of Administrative Review Decision?

I have spoken to a number of lawyers but got very confused as some say that 3C will continue if I apply within 14 days of refusal while the others say it it won't.

So, appreciate if any of the experts out there can help.

Regards,

secret.simon
Moderator
Posts: 11438
Joined: Thu Feb 21, 2013 9:29 pm

Re: 3C Leave Continuation after AR Refusal

Post by secret.simon » Sat Jan 12, 2019 9:28 pm

Section 3C leave expires when AR is refused/withdrawn.

If you make a further application within 14 days AND that future application is successful, then your continuity of residence is not broken for the purpose of ILR (LR). But you are an overstayer from the time of your AR refusal till the grant of your next application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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