The rules concerning the right to remain during appeals for immigrants wanting to remain in the UK have been updated. The right to remain in the UK during the appeal process for immigrants has been taken away in specific instance by the Home Office in its latest update to the Immigration Act.

Under Section 3C and 3D of the 1971 act a person who is refused a valid application to extend his or her leave their immigration status would be extended while an appeal is lodged and decided.

However, now section 3C and 3D doesn’t apply to those whose application for an extension is refused before their leave expires. They now have no choice but to leave the country and appeal outside the UK or risk becoming an over-stayer, which is a criminal offence.

So the amendment to these sections now states that they only apply if:

(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,

(b) the application for variation is made before the leave expires, and

(c) the leave expires without the application for variation having been decided.

Now if someone waits to make an extension application the day before the leave was due to end and it was refused, the decision would come after the expiry of that person’s leave. Therefore the appeal and section 3C would protect that person and they would not become an overstay.

Disclaimer: The material contained in this article is for general information only, and is not intended as a substitute for professional advice. Readers should seek an appropriate professional for advice regarding their particular circumstances.
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