{"id":43,"date":"2020-12-08T04:37:13","date_gmt":"2020-12-08T04:37:13","guid":{"rendered":"https:\/\/gaviaspreview.com\/wp\/conult\/?p=43"},"modified":"2025-12-16T11:09:57","modified_gmt":"2025-12-16T11:09:57","slug":"solutions-for-all-small-and-large-business","status":"publish","type":"post","link":"https:\/\/greymind.net\/wjs2\/2020\/12\/08\/solutions-for-all-small-and-large-business\/","title":{"rendered":"Section 3C of the Immigration Rules and how it works"},"content":{"rendered":"
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The Immigration Practitioners and Litigants often use the term Section 3C leave. There is confusion about the applicability of S.3C leave, when it comes into play and how far it can remain in play. It is therefore, very important to first know what the term S.3C leave is under the Immigration Act 1971. The Immigration Act contains this important section in it which deals with continuation of leave pending a variation decision. The Home Office has issued a guidance when\u00a0leave is extended by section 3C (and leave extended by section 3D in transitional cases). The said guidance was updated and published on 15 January 2019.<\/b><\/u><\/p>\n

As mentioned, this important section deals with continuation of leave pending variation decision which means that when an applicant applies for variation of leave to the Secretary of State and this application is submitted before the expiry of his\/her existing leave to remain, Section 3C will come into play and the applicant can take the advantage of this important Rule. However this must be kept in mind that this Rule of automatic extension will come into play only if the application is made before expiry. Any application made even one day after the expiry will not attract the benefit of Section 3C leave. The question arises, what follows with the automatic extension? The benefit of automatic extension is that all the conditions attached to the applicant\u2019s previous leave to remain will continue until the decision on his application or in case such an application is withdrawn. This is a huge benefit as the applicant can continue to take advantage of his entitlement to take up employment or become self-employed etc.<\/p>\n

Section 3C and EEA Applications<\/strong><\/p>\n

It is very important to understand, when S.3C leave would be applicable as there is a misunderstanding that whenever an application is submitted to the Home Office, the leave will be extended under S.3C. However this point of view is not correct and such an automatic extension does not apply in any application under EEA Regulations as family members of the EEA Nationals. To clarify this, if someone is on a student Tier 4 (General) and after getting married to EEA National, applies for a residence Card under EEA Regulations, then leave will not be extended S.3C<\/p>\n

Section 3C after refusal of application<\/strong><\/p>\n

It is very important to know what happens if an application for leave to remain is refused. This depends on whether there is a right of appeal or an administrative review given to the applicant. If there is an in-country right of appeal, then the applicant has 14 days to lodge the notice of appeal and once the notice of appeal is lodged, then S.3C will come into play and leave will be extended. However, if the notice of appeal is not lodged, then leave will end on the last day of 14 days. And most importantly, S.3C will be extended until all appeal rights are exhausted. Also, if the appeal is withdrawn or the applicant leaves the United Kingdom, then S.3C leave will come to an end.<\/p>\n

It is important to note that if there is a right of an administrative review against the refusal of leave to remain and it is submitted within the time prescribed in the Rules, the leave will also be extended under 3C. One needs to know and understand the difference between Administrative Review and Judicial Review.<\/p>\n

It is therefore advisable to be very careful in considering an application for ILR where it is presumed that you have completed ten years lawful residence in the United Kingdom and you are not sure about your situation which involves application of 3C leave.<\/p>\n

How we can help<\/strong><\/p>\n

For expert advice and assistance regarding an application for indefinite leave to remain on grounds of long residence, or advice on overstaying and\u00a010 years long residence ILR<\/b><\/i>, contact the Author of this blog on\u00a00121 772 4512.<\/b><\/p>\n

Reference:<\/strong><\/p>\n

1)<\/div>\n
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Immigration Act 1971,<\/p>\n<\/div>\n

2)<\/div>\n
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Home Office guidance on ILR and S.3C<\/p>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

There are many variations of but the majority have simply free text.<\/p>\n","protected":false},"author":1,"featured_media":761,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_siteseo_robots_primary_cat":"16","pagelayer_contact_templates":[],"_pagelayer_content":"","footnotes":""},"categories":[1],"tags":[21,23,24],"class_list":["post-43","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rules","tag-beach","tag-parks","tag-tourisms"],"_links":{"self":[{"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/posts\/43","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/comments?post=43"}],"version-history":[{"count":1,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/posts\/43\/revisions"}],"predecessor-version":[{"id":3219,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/posts\/43\/revisions\/3219"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/media\/761"}],"wp:attachment":[{"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/media?parent=43"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/categories?post=43"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/greymind.net\/wjs2\/wp-json\/wp\/v2\/tags?post=43"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}