This is an interesting decision by the Court of appeal which has a major implication for those making an application for leave to remain in the UK under the 10 years long residence rules.
The central issues in all three cases concern the interpretation and effect of section 3C of the Immigration Act 1971 …
They relate in particular to the position under section 3C where an application has been made for variation of existing leave, the application has been refused by a decision of the Secretary of State, and subsequently (i) there is an out-of-time appeal for which an extension of time is granted, or (ii) the Secretary of State withdraws and/or reconsiders the decision.
The issues arise in the context of applications under paragraph 276B of the Immigration Rules for indefinite leave to remain on the ground of long residence. In each case, the question of whether leave was extended by the operation of section 3C is relevant to whether the applicant had accumulated the required ’10 years continuous lawful residence in the United Kingdom’.”
EXTENSION OF STAY, IMMIGRATION ACT 1971 S3C, VARIATION OF LEAVE, NOTICE OF APPEAL OUT OF TIME, LONG RESIDENCE, INDEFINITE LEAVE TO REMAIN, CONTINUOUS RESIDENCE, LAWFUL RESIDENCE, RECONSIDERATION, OVERSTAYERS, DISCRETION, DELAY, NIA ACT 2002 PART 5 S 81-117 (APPEALS), NOTICE OF APPEAL, TIME LIMITS, RECONSIDERATION
If you have lived in the UK legally for 10 years, you may be eligible for indefinite leave to remain in the UK even if you have an appeal pending. For more information, please contact Harding Mitchell on 0203 191 8080 or email: admin@hardingmitchell.co.uk alternatively, you visit our website at www.hardingmitchell.co.uk
