Q&As

If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave under section 3C of the Immigration Act 1971? Is there a risk that the applicant could be served with an invalidity notice after their departure which would result in their previous leave being treated as the end of their immigration permission?

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Produced in partnership with Nick Nason of Edgewater Legal
Published on LexisPSL on 19/06/2020

The following Immigration Q&A produced in partnership with Nick Nason of Edgewater Legal provides comprehensive and up to date legal information covering:

  • If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave under section 3C of the Immigration Act 1971? Is there a risk that the applicant could be served with an invalidity notice after their departure which would result in their previous leave being treated as the end of their immigration permission?

This response assumes that a request was not made to the Home Office to withdraw the application, nor for the return of passport before leaving the UK.

Where an individual makes an in-country application to extend their leave to remain before the expiry of their current leave via the online process, the date the application is considered to have been made is the date of the submission of the online form, not the enrolment of biometrics.

When a person with leave to remain in the UK applies in-country to extend their leave, their existing leave (and any conditions attached to it) is automatically extended provided they make a valid application before their current leave expires ('section 3C leave').

The requirements for a valid application are set out in the Immigration Rules, Pa

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