Section 3C Leave is a crucial aspect of the UK immigration system. If a migrant submits a valid application to extend their permission to remain in the UK before their current leave expires, their existing leave is automatically extended until a decision is made, even if the decision comes after the original expiry date. This protection is outlined in Section 3C of the Immigration Act 1971.
At our leading London law firm, our specialist immigration solicitors offer tailored advice and expert assistance with your leave outside the rules application, ensuring your case is handled with precision and care. Our expert immigration team is here to guide you through the complexities of Section 3C Leave and UK immigration law.
What is Section 3C Leave?
Section 3C leave extends the permission of a migrant who has applied for a variation of their leave (such as an extension) before the expiry date of their current leave. This means that their right to work, rent, and live in the UK remains intact while awaiting the decision.
Key Benefits of Section 3C Leave:
- Maintains Legal Residence: Ensures continuity of your lawful residence.
- Right to Work: Allows you to continue working legally.
- Right to Rent: You can still rent a property legally.
The Legislation Explained
Section 3C of the Immigration Act 1971 applies when:
- A migrant with limited leave applies to vary their leave before it expires.
- The application is submitted before the leave expires.
- No decision has been made on the application before the expiry date.
If these conditions are met, Section 3C Leave is triggered, and the individual’s leave is automatically extended until the application is decided.
How Section 3C Leave Works
Once Section 3C Leave is triggered, it will last until one of the following conditions applies:
- No decision has been made on the application.
- The applicant is within the time limit for appealing the decision.
- The applicant has lodged an administrative review or appeal within the specified time limit.
- The appeal or review is still pending.
Example Scenario:
If someone applies to extend their visa before the expiry date, and a decision is not made by the Home Office before their current visa expires, they continue to have legal permission to stay in the UK, work, and rent, until a decision is made.
Section 3C Leave and Immigration Appeals
Section 3C Leave also extends during the appeal process. If an application is refused and the applicant lodges an appeal within the 14-day deadline, their leave is automatically extended until the appeal is resolved.
Importance of Valid Applications
For Section 3C Leave to be triggered, the application must be valid. This means it must comply with the validity rules outlined in the UK Immigration Rules. Failure to submit a valid application can result in the applicant becoming an overstayer, with serious consequences.
Can Section 3C Leave Be Canceled?
In rare circumstances, Section 3C Leave can be canceled if the applicant fails to comply with the conditions of their leave or uses deception in their application. This can bring the leave to an immediate end.
Evidence of Section 3C Leave
Many migrants face challenges proving their Section 3C Leave status, as their Biometric Residence Permit (BRP) may have expired. In June 2024, a legal ruling found that the Home Office’s failure to provide digital proof of Section 3C Leave was unlawful, giving hope for better documentation processes in the future.
How Our Leading London Law Firm Can Help
Navigating Section 3C Leave and other immigration matters can be complex. Our specialist immigration solicitors are highly experienced in assisting clients with leave outside the rules applications, ensuring their cases are handled meticulously. Whether you need advice or full representation, our expert immigration team is ready to support you.
Contact Us Today
If you need help with your immigration application, don’t hesitate to contact our leading London law firm. Our specialist immigration solicitors will provide expert guidance tailored to your case.