Introduction Since 29th November 2010, the UK Government has progressively introduced an English Language requirement within the Immigration Rules, to be met by non-European Economic Area (non-EEA) national partners and parents of persons who are British nationals, settled in the United Kingdom, granted refugee status, granted humanitarian protection, or members of Her Majesty’s Forces under […]read more >
Introduction The relevant provisions of the Immigration, Asylum and Nationality Act 2006 set out the civil and criminal penalties for non-compliance of the Right to Work scheme by employers. Right to Work Scheme In effect all employers who employ any employees over the age of 16 in any part of the United Kingdom (i.e. England, […]read more >
The Statement of Changes to the Immigration Rules HC 1078 comes into force on 6th April 2017. Some of the key changes include: (1) If a Tier 2 application is made for example under the SOC codes 1181, 1184, 2219, 2231 etc. a Criminal Record Certificate for the past 10 […]read more >
This article is based on the Home Office Publication: ‘Leave extended by Section 3C (and Leave extended by Section 3D in transitional cases.’ The Purpose of Section 3C: Section 3C of the Immigration Act 1971 prevents a person(s) from becoming an over-stayer whilst they are waiting for a decision on an application, appeal or […]read more >
Introduction The combination of the relevant provisions of the Immigration Act 2014 and the Immigration Act 2016 have brought the Right to Rent scheme to the private rented sector along with severe penalties for non-compliance. The Right to Rent scheme applies to landlords (including occupiers subletting and those who take in lodgers) and letting agents […]read more >
The Immigration Rules concerning Tier 2 Migrants’ salaries have changed recently with some exceptions. The changes concerning Tier 2 (General) Migrants are considered in further detail below: Tier 2 (General) Migrants: Although the salary bands in the Standard Occupational Classification Codes as in Appendix J of the Immigration Rules have not been amended, the Home […]read more >
As legislation continues to change, it is vital that Landlords have the correct legal advice to ensure that they keep on top of their legal responsibilities to their Tenants. This can be a complicated area with a lot of information for a Landlord to take in and there are potentially significant fines and penalties for […]read more >
All Local authorities have a responsibility to provide care to persons who satisfy the eligibility requirements under the Care Act 2014. Where a Local Authority believes that an adult may have needs for care and support, the acting authority must assess whether they do in fact require care and support and what those needs are. […]read more >
Aston Brooke Solicitors have assisted clients in family law matters for many years and provide the below guide to the key areas of family law and the issues that arise. Please note that this is not meant to be legal advice that individuals can rely solely upon. Proper legal advice can only be given by a solicitor on […]read more >
It seems that the topic of immigration these days can be used to achieve any political goal and purpose in Britain today. Some have suggested that the ‘Leave’ campaign fed this country misleading figures and statistics about immigration to achieve the result for which there was never any plan or preparation. Since BREXIT we have […]read more >
As of 6 April 2015 the Government has introduced many changes to Applications for leave to remain in the United Kingdom. The following change affects all points based system applications and limited leave to remain applications. When the IHS is payable: When applying from WITHIN the United Kingdom you will need to pay the Immigration […]read more >
Discrimination at Work – Have employees have won the ‘right to wear a cross’? You may have heard of the prominent cases in the news recently on the subject of religious discrimination at work. What rights do employees have at work to express their faith, and what must employers do to ensure that their employees […]read more >
Disciplinary Issues in Employment – How to deal with poor performance or misconduct? It is common for disciplinary issues to arise within employment, and the first point for an employer is to clearly determine whether it is a misconduct issue, or one of poor performance. The two types are dealt with differently depending on their nature. […]read more >
Whistleblowing in the Healthcare Industry – How to act pro-actively avoid ‘whistleblowing’ problems with employees. ‘Whistleblowing’ has come to be known as the expression for the reporting of acts of wrongdoing, either to an employer or to a third party. The law is contained within two main statutes – the Employment Rights Act 1996 and the […]read more >
Aston Brooke Leads Legal Challenge To Immigration Changes Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England working on behalf of […]read more >
Employment Rights – How is UK employment law affected by the Human Rights Act and the European Union? There has been much fuss in the media recently about what a scandalous outrage the European Convention of Human Rights and the Human Rights Act 1998 have been for Britain. Much of this debate has been generated […]read more >
Legal Challenge to Immigration ‘Caps’ – Call for Early Day Motion in Parliament Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in […]read more >
Immigration Caps & Student Visa and Tier 4 Migrants Aston Brooke Solicitors reported last week that it has initiated a judicial review against the Secretary of State’s decision to implement interim limits on behalf of the English Community Care Association (ECCA) which is the largest representative body for community care in England and working on […]read more >
New Interim Limits – Ministers Face High Court Battle On Immigration Caps Aston Brooke Solicitors has been at the forefront of protecting the interests of the social care sector. This was first tested when Aston Brooke brought a judicial review against the Secretary of State’s decision to refuse all senior care work permits in 2007 […]read more >
An Insight Into Leave Extended by s.3C Immigration Act 1971
The Intricacies of 3C Leave
10th March 2017
This article is based on the Home Office Publication: ‘Leave extended by Section 3C (and Leave extended by Section 3D in transitional cases.’
The Purpose of Section 3C:
Section 3C of the Immigration Act 1971 prevents a person(s) from becoming an over-stayer whilst they are waiting for a decision on an application, appeal or administrative review which they are entitled to IF the application was made in-time, where the person(s) had valid leave prior to submission of the application to extend their leave.
Administrative Review from within the UK:
The status of an administrative review would remain pending until one of the following occurs:
- The administrative review is withdrawn; or
- A decision on the administrative review is made; or
- A fresh application is made whereby leave under Section 3C ends.
Once an outcome of an administrative review has been decided, 3C leave will automatically come to an end unless a new reason(s) of refusal is decided.
Time-limits to seek administrative review:
Your refusal letter will inform you whether you have a right to administrative review, and:
- If you are a person who is not in detention, you will have 14 calendar days to seek an administrative review; or
- If you are a person in detention, you will have 7 calendar days to seek an administrative review.
Failure to request an administrative review within the time-frame applicable to you, will result in your potential 3C leave ending on the last day on which you could have made an application.
Circumstances where 3C leave may not continue:
If you are a person who does not have 3C leave, you will not automatically gain 3C leave if you are granted an opportunity to apply for administrative review. However you will still be required to apply within the specified calendar days’ period (as stated above).
If you are a person who has been granted an opportunity to apply for administrative review but make your application out of time, the Home Office may still accept your application and provide a decision. However you will not benefit from the protection which 3C leave may provide.
“Section 3C only exists where it is a seamless continuation of leave.”
A person who is protected by Section 3C leave will continue to be subject to the conditions attached to their present leave, unless varied by the Secretary of State. Conditions of leave can be varied by the Secretary of State either during your granted leave or during your 3C leave.
Cancellation of Section 3C leave:
As of 1st December 2016 Section 62 of the Immigration Act 2016 (which amends Section 3C of the Immigration Act 1971) provides a discretionary power to cancel Section 3C leave, with immediate effect, where a person has been found to do one of the following:
- Failed to comply with a condition attached to their leave; or
- Used (or uses) deception in seeking leave to remain regardless of whether their attempt(s) were successful or not.
If you are a person who has an application outstanding with the Secretary of State, you application should be considered, prior to the Secretary of State exercising their discretion to cancel your Section 3C leave.
Even though the Secretary of State has the power to exercise their discretion when deciding whether to cancel Section 3C leave due to a breach of condition, or employment of deception, the Secretary of State cannot simply cancel 3C leave as a result of refusing an application.
If you find the above complicated, or require any further information, you should note that Aston Brooke Solicitors are specialists in Immigration Law and help a wide-variety of clients across a range of immigration issues. So, if you wish to discuss the above, or any immigration-related issue, you are encouraged to contact us for a free, no-obligation, initial consultation.
Sonika Patel is a Solicitor at Aston Brooke Solicitors. Please do not hesitate to contact Sonika on 020 3475 4321 for any queries that you may have in relation to any of the above issues.
This article does not present a detailed statement of the Law and does not constitute as legal advice. This is a summary only and legal advice should always be sought on an individual case basis.