All Articles: Section 3C

Two claimants, the charity Refugee and Migrant Forum of Essex and London “RAMFEL” and Ms Adjei, have succeeded in a judicial review where it was held that the Home Secretary’s […]

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11th June 2024
BY Sonia Lenegan

Economic migration is a two-way street. The UK might be ready and willing to receive the world’s elite economic migrants, but they may not be so ready and willing for […]

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12th January 2023
BY Nicholas Reed Langen

Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 is yet another long residence case, this time concerning a defective refusal notice. The appellant wanted to […]

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5th July 2022
BY Alex Piletska

Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast […]

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23rd December 2021
BY Alex Piletska

If a migrant makes a valid application to extend their leave (permission) to be in the UK before it expires, their existing leave will be rolled over until a decision […]

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1st November 2021
BY Alex Piletska

When a person’s visa expires whilst they have an outstanding application or appeal, they have what is referred to as “3C leave”. This is named after section 3C of the […]

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31st August 2021
BY Iain Halliday

The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi […]

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22nd February 2021
BY Iain Halliday

The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because […]

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23rd December 2020
BY Alex Piletska

I am quoted in a recent Guardian story about the notorious, if niche, paragraph 322(5) of the Immigration Rules. This is the rule being used to refuse leave to remain […]

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28th August 2018
BY Colin Yeo

The Supreme Court has given judgment in the case of Mirza v Secretary of State for the Home Department [2016] UKSC 63. The case concerned the effect of section 3C […]

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14th December 2016
BY Colin Yeo

The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional […]

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11th April 2016
BY Colin Yeo

The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While […]

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23rd April 2015
BY Colin Yeo

In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing […]

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22nd April 2015
BY Colin Yeo
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