Are you worried you might be become an overstayer? Section 3C Immigration Act 1971 might be the answer

The purpose of section 3C leave is to prevent a person who makes an in-time application to extend their leave from becoming an overstayer while they are awaiting a decision on that application and while any appeal or administrative review they are entitled to is pending.

When section 3C applies This section explains when a person’s leave is extended by section 3C of the Immigration Act 1971.

A person will have section 3C leave if:

  • they have limited leave to enter or remain in the UK
  • they apply to the Secretary of State for variation of that leave
  • the application for variation is made before the leave expires
  • the leave expires without the application for variation having been decided
  • the application for variation is neither decided nor withdrawn Pending appeal Section 3C leave continues during any period when:
  • an in-country appeal could be brought (ignoring any possibility of appeal out of time with permission)
  • the appeal is pending (within the meaning of section 104 of the Nationality, Asylum and Immigration Act 2002), meaning it has been lodged and has not been finally determined. Pending Administrative Review Section 3C leave continues during any period when:
  • an administrative review could be sought
  • the administrative review is pending, in that it has not be determined
  • no new application for leave to remain has been made.

 Section 3C leave will end if the person leaves the UK. 

Are you worried you might run out of time while your application is under consideration and a decision is imminent or you need more time?

Our expert can advise you on all aspect of UK Immigration.

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