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- The administrative review is withdrawn; or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.
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