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Section 3C Leave and Section 3D transitional cases how does it apply?

Visa application
on Mon 10 Jul

 

Section 3c Leave and Section 3d transitional cases:

This guide is designed to help you decide if you currently hold section 3c leave or section 3d leave. If your circumstances are complex or you are not sure if you hold either type of leave please contact us to discuss and we would be happy to confirm your current status.

When Section 3c leave applies

When pending a decision on new visa application you will receive Section 3c leave if you have:

  • Limited leave to enter or remain in the UK at the date of submission
  • You applied to the Secretary of state for variation of your leave before expiry
  • Your application for variation of leave was submitted before your leave expires
  • Your leave expires before a decision on a in-time application has been made
  • Your application for variation of leave has neither been decided or withdrawn

Pending an appeal

Section 3c leave continues during any period if:

  • An in-country appeal was brought within time
  • Appeal is pending waiting on final decision

Pending an Administrative Review

Section 3c leave continues during any period if:

  • An administrative review could be sought
  • Administrative review is pending waiting on final decision
  • No fresh application for leave to remain has been made during a pending review

When section 3c leave doesn’t apply

Section 3c doesn’t extend leave when the application is made after your current leave to enter/remain expires. Section 3c doesn’t apply to EEA applications for a residence card under EEA regulations.

Circumstances where section 3c invalidation can be overturned or applied

An invalid application doesn’t extend leave under section 3c. When applications are submitted but decided by UKVI as invalid due to missing documents or incomplete application forms. Applicants are given an opportunity to provide any missing documents or correct incomplete application forms. Any missing documentation or corrections to forms provided before the stated deadline by a case worker will then be considered as a “validated application” and section 3c will then be applied, however if you fail to submit missing documentation or correct appropriate forms your application will be considered as invalid any section 3c leave previously applied will be withdrawn from the day after your current leave to enter/ remain expired.  

When Section 3d leave applies

Section 11 of the Immigration, Asylum and Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends that leave while an appeal against that decision can be brought or is pending. Following changes to appeal rights by the Immigration Act 2014, decisions to curtail or revoke leave no longer give rise to a right of appeal under section 3d.

 

Section 3d therefore only continues to apply to people whose leave was revoked or curtailed before 6 April 2015 and who have live appeals pending against the decision to revoke or curtail their leave (under the pre 6 April 2015 appeals system).

 

People on section 3D leave cannot make an application for extension or variation of their leave. This means that anyone on section 3D leave who wants to make such a fresh visa application will have to withdraw their appeal.

 

Conditions that apply to section 3D leave

Anyone who has their leave extended by section 3D remains on the conditions attached to the leave that has been revoked or curtailed. As with section 3C leave, the conditions attached to leave extended by section 3D may be varied by the Secretary of State.

 

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