Post
by hassan5805 » Tue Mar 19, 2013 12:40 pm
A person whose leave under sections 3C or 3D expires and who has not been granted leave becomes an overstayer, is no longer subject to any conditions and no longer has any permission to work or run a business. Enforcement action should be considered against the individual if he does not leave the UK.
7. APPLICATIONS MADE AND DECIDED BEFORE LEAVE ENDS
3C leave begins when a person whose limited leave either to enter or remain expires without an application for variation of that leave being decided and it continues while the application for leave has not been decided. Section 3C (1) applies. Therefore if an application is made in time and is refused before the leave ends 3C leave is not triggered. The effect of this will be to prevent the applicant from being able to appeal against the refusal of a variation under section 82. However, if at the same time as the variation application is refused the applicant’s leave is curtailed, there would be the right to appeal under section 82 (e). If leave is curtailed, section 3D leave is triggered rather than 3C.
If a variation application is refused within the period of leave and as a result the one stop appeal process is not triggered it will be possible for the applicant to repeat or to make a subsequent application the refusal of which will not be open to certification under section 96.
8. CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT
Under sections 3C(2)(b) and 3D(2)(a) leave is extended while an in-country appeal could be brought against an immigration decision under section 82 of the 2002 Act (see IDI Chapter 12 for a complete list of immigration decisions).
An appeal can be brought until the end of the time limit for appealing against a decision which is 10 working days from receipt of the notice of decision. If the decision is sent by first class post, the decision is deemed to have been received 2 days after it was sent, unless there is proof to the contrary.
If no appeal is brought in time, leave to remain which is extended by 3C or 3D will lapse. If an out of time appeal is accepted by the Tribunal, leave is extended until the appeal is finally determined, withdrawn or abandoned.
9. CONTINUATION OF LEAVE WHILE AN APPEAL IS PENDING
In accordance with sections 3C (2)(c) and 3D(2)(b) leave is extended while an in- country appeal is pending.
An appeal is pending from the time that it is instituted until it is finally determined, withdrawn or abandoned. Section 104 (1) of the 2002 Act applies. An appeal is abandoned if the appellant is granted leave to enter ..cpied these from there
