I don't think section 3C applies here at all. Section 3C only applies to applications made in time; its whole purpose is to prevent applicants from becoming overstayers through no fault of their own, thus it automatically extends the leave of a person who has made an application for further leave during the time when their current leave was still valid. However, if you apply out of time, you are already an overstayer, so section 3C does not apply.Graceofgod wrote:section 3c extends your stay from the date of application so the date of decision is irrelevant to assess the gap in your lawful stay. I have got the similar gap of 6 days and i am confident that it will be disregarded as per the IDI.farhad34 wrote:Thansk for your reply, grace .I have read in case worker notes on ukba site that states that the gap will count from the date the visa expires to the date at which the next visa is issued.
UKBA staff guidance on long residence (http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary) is a bit ambiguous on the subject of how to calculate the length of a gap of out of time applications. On page 23-24, whilst listing examples of the use of the discretion it talks about the number of days after the previous leave expired and the submission of the application, which means the date of postage/UKBA appointment. However, on page 37 as an example of a person whose continuous lawful residency is broken it talks about an applicant whose leave expired on 31 July 2011 and who then applied on 15 September 2011 and was granted leave on 15 October 2011. There it says "The person has a break in their continuous lawful residence, from the date their leave expired on 31 July 2011, until the date they were granted leave ... on 15 October 2011".
All in all it's a bit tricky - I'd get SAR request done to see what shows up on the files.