WEIGHTMANS – 2 August 2023
“Section 3C leave permits an applicant who has submitted a valid in time visa application to remain in the UK under the terms of their previous permission while that application is pending. If not Section 3C leave, on what legal basis does your client suggest that Mr Xxx was entitled to remain in the UK while the Home Office made its decision?”
KENNEDYS LAW – 27 September 2023
“Following the submission of an application to the Home Office, an applicant can remain in the UK whilst the application is pending. Paragraph 34K of the Immigration Rules states that should an applicant depart from the UK whilst same is pending the application would be deemed as withdrawn. As such, advising your Client that he could remain in the UK whilst a decision was pending was correct and had he departed, the application would not have been considered. In addition to Paragraph 34K the Home Office states that a pending immigration application is a barrier to removal.”
OUR COMMENTS
Wrong answer. The correct answer is Paragraph 39E(5) and 39F of the Immigration rules Part 1 – leave to enter or stay in the UK (the Exceptional Assurance Concession).
The “Covid-19 concession” in UK Migration Lawyers’ Client Care Letter.
