Amendment to Extension of leave under Immigration Rules 3C and 3D  – Updated Guidance 17 January 2019

•  What is a 3C leave?

Where an individual submits a valid application to extend their stay in the United Kingdom within 28 days before expiry of your visa, this is called an ‘in-time’ application. Once an in-time application is made, the applicant’s current leave continues until the Home Office makes a decision. This is thereby, called a section 3C leave under the Immigration Act 1971 (“section 3C leave”).

Furthermore, section 3C leave continues during any period when an in-country appeal is brought and where an appellant is appealing. But it is worth noting that the mere fact the applicant is entitled to an in-country right of appeal does not give them section 3C leave. Section 3C leave can only arise in cases where there is a continuation of leave without breaks. Therefore, 3C leave will not apply where the individual has left the United Kingdom.

• Withdrawal of an appeal and 3C leave

The government has updated the guidance on rules under section 3C and 3D leave. Now, where an applicant is appealing against a decision and makes a request to withdraw their application, then, 3C leave will come to an end. Following the withdrawal, should the applicant make a new application, section 3C leave will not apply to the new application. This is even if the new application is made on the same basis of the withdrawal. This is because the termination of section 3C leave is effective from the beginning of the day that they withdrew from their appeal. Thus, the individual will be treated as an overstayer.

However, where an appeal is pending, section 3C leave will be extended until the appeal is no longer pending.

You can access the updated guidance via this link: https://www.gov.uk/government/publications/3c-and-3d-leave

This article focuses on section 3C leave, not 3D leave on transitional cases therefore, should you have any questions in regards to your current leave or would like to speak to an Immigration Law expert, please do not hesitate to get in touch with our friendly team of experts at Barar & Associates. They can be contacted by phone on 020 7487 8370or via email on barar.london@bararassociates.co.uk