Section 3c leave is an extension of leave under the Immigration Act 1971. 3c leave is a highly complex area of immigration law and migrants should contact an immigration solicitor, such as one of our specialists, if they have any queries regarding section 3c leave. Please contact our immigration team in order to arrange a consultation to discuss 3c leave with one of our solicitors in more detail and how this may affect your immigration status.
What is 3C Leave?
Section 3c of the Immigration Act 1971 is the “continuation of leave pending variation decision” and is often referred to as 3c leave. Essentially, 3c leave is a protection for Applicants who have immigration applications and appeals pending with the Home Office to prevent them from becoming overstayers and have no valid leave. For example, if an Applicant applies to extend their visa and the Home Office takes 12 weeks to decide and the previous visa has therefore expired, that Applicant will be protected by 3c leave and their rights will continue (i.e. working, renting and living in the UK). 3c leave is automatic and will end once a decision has been made on an application or appeal rights have become exhausted. All immigration applications and appeals must be submitted in-time, in order for 3c leave to apply.
Can I work under section 3C?
It may be possible for an Applicant to work in the UK whilst under 3c leave; however, this depends on a number of factors. Firstly, if an Applicant has applied to extend or switch their visa from within the UK and they are covered by 3c leave, if their most recent visa allowed them to work in the UK then they will still be able to work as per the working conditions attached to that visa. For example, an Applicant on a spouse visa who is applying for a spouse visa extension will be able to continue working in the UK whilst under 3c leave. However, an Applicant in the UK on a fiancé visa who is applying to switch to a spouse visa will not be able to work whilst under 3c leave. This is because the fiancé visa does not permit work for those on this visa.
If an Applicant does not have a valid visa when they apply for a visa, then they will not be allowed to work under 3c as people without leave or who have become overstayers have no right to work in the UK.
Can you make a new application while awaiting outcome of another application?
A UK Visas and Immigration Applicant may only have one application pending with the Home Office at once. Therefore, if a subsequent visa application is submitted whilst another is pending, then the initial application will be abandoned. This is also the same for submitting a fresh application whilst an immigration appeal is on-going; the appeal will be abandoned when a fresh application is submitted.
What happens if I withdraw my UK visa application?
If an Applicant withdraws their UK visa application and they no longer have a valid visa (i.e. it expired whilst awaiting the decision on the application), then that person will become a person without valid leave in the UK and they will also no longer be covered by 3c leave. Arrangements will need to be made for them to leave the UK or submit another visa application. However, when the further application is submitted can impact whether the 3c leave will continue.
Using our Immigration Solicitors in London to understand 3C Leave
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with an application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, our solicitors and barristers will ensure all specified documents must be provided.
The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful UK Visa and Immigration applications with our Immigration Solicitors in London
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of a UK Visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration application.
Contact our London immigration solicitors on 02071830570 or complete our contact form.