Q&As

Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on LexisPSL on 10/10/2018

The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:

  • Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?
  • Section 3C leave (Immigration Act 1971)
  • Indefinite leave to remain on the grounds of long residence under Para 276B (Immigration Rules Part 7)
  • Discussion

Section 3C leave (Immigration Act 1971)

Section 3C of the Immigration Act 1971 (IA 1971) temporarily extends an applicant’s leave for the period that their application is under consideration, including when pursuing an appeal or administrative review following a negative decision. This is dependent on their submitting an in-time application for variation of that leave and protects the applicant from becoming an overstayer.

Indefinite leave to remain on the grounds of long residence under Para 276B (Immigration Rules Part 7)

The long residence rule permits an applicant to apply for indefinite leave to remain if they can demonstrate that they have been present in the UK for a continuous and lawful period of ten years. The definition of ‘continuous’ is found in Immigration Rules, Part 7, para 276A(a). The three main conditions for ‘continuous residence’ are that the applicant:

  1. has not been absent from the UK for a period of over six months at any one time, and for 18 months in total during the ten-year period relied upon

  2. has valid leave if leaving the UK

  3. has valid leave if returning to the UK

In accordance with Immigration Rules, Part 7, para 276A(b), ‘lawful’ residence means residence which is continuous pursuant to:

  1. existing leave to enter or remain, or

  2. temporary admission within IA 1971, s 11 (as previously in force), or immigration bail within IA 1971, s 11,

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