Section 3c Leave
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A person becomes an.
Section 3c leave. Rather this is a short version of saying that a person s leave has been extended by virtue of section 3c of the immigration act 1971. Section 3c will act to extend your leave pending a variation decision. Section 3c of the immigration act 1971 allows a person who has submitted an in time application to extend their stay in the uk.
It should also be noted that section 3c leave does not cover applicants who submit invalid applications. This position was confirmed in the supreme court case of mirza or 2016 uksc 63. If they submit their application before their leave expires not to become an overstayer while their application remains outstanding.
Section 3c leave extended when an in time application is made an in time application is an application made by a person in the uk who at the time of application has leave to enter or remain. They will not become an overstayer while their application remains outstanding and the conditions which applied during their previous grant of leave continue. In essence section 3c leave is the leave granted by the home office when a person makes an application to extend or vary their leave and allows migrants to remain in the uk between the expiry of their current visa and the decision being made on their new application.
Uk visas and immigration s guidance about section 3c and 3d leave. 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. You will never receive a letter granting you section 3c leave.
Section 3c is triggered when a person with valid leave to enter or remain in the uk makes an in time application to extend or switch their leave and their current leave expires before the new application has been decided. Section 3c leave only protects applications made under the immigration rules and not the eea regulations. Section 3c of the immigration act 1971 is an important provision for any migrant in the uk.
Alex held leave to remain as a student under tier 4 valid until 15 february 2019.
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