Can I stay in the UK when my visa application is still under consideration?

Many UK visa applicants might be confused or have questions as to whether there would be sufficient time to receive a decision on their application prior to the expiry of their visa or whether they will be allowed to remain in the UK if a decision cannot be made prior to their expiry.

This article aims to answer these questions and shed some light on the matter.

What is Section 3C leave?

Section 3C of the Immigration Act 1971 lists under what circumstances an applicant’s immigration status can be extended during a pending visa application as well as the relevant procedures. The extended period is so called “section 3C leave” which allows migrants to reside in the UK even after the expiry of their visa.

What are the requirements?

A visa applicant’s leave will be extended by section 3C if:

  1. He/she has valid leave to enter or remain in the UK;
  2. They apply to the Secretary of State for variation of leave;
  3. The application is made prior to the expiry of their current visa;
  4. Upon the expiry, the application is neither decided nor withdrawn.

If an application meets the requirements listed above, the applicant’s leave will be extended from the date after the expiry until a decision is made.

Let’s consider an example: a migrant holds a Student visa which is valid from 1 January 2020 to 31 December 2020. He switched in-country to a Skilled Worker visa on 31 December 2020 and submitted the online application on this date. His immigration status is extended legally under section 3C from 1 January 2021 until the date a decision is made on his application.

Exclusions

Despite that section 3C leave applies to most in-time applications, there are a few exceptions. In particular, it does not apply to:

  • EEA applications; or
  • Invalid applications.

Appeal or Administrative Review

If the application were to be refused, section 3C leave continues during any period when:

  1. An in-country appeal or administrative review could be sought;
  2. The appeal or administrative review is pending;
  3. No new application for leave to remain has been made.

When it will end

Section 3C leave will end if:

  • The applicant leaves the UK;
  • The visa application is withdrawn;
  • Once the decision on the visa application following an appeal or an administrative review is made.

Should you need any assistance on your visa application, please contact us on 020 3384 3075 and our immigration experts will be able to help you.

The content of this article is for general use and information only. Since each case should be prepared on its own merit and in light of the constant amendments to the Immigration Rules, it is important to note that the information provided must not be relied upon unless Migra & Co has either given written consent or has been officially engaged in relation to a specific immigration matter. As a result, Migra & Co will take no responsibility for any damage, cost or loss resulting from relying on the information contained in this article, blog and website.