What happens if my visa expires whilst I am submitting an appeal?

29 Aug 2023, 07 mins ago

If you submitted your application for leave to remain prior to the expiry of your visa and your visa expires, you will not be deemed an overstayer  provided that you meet the conditions of Section 3C of the Immigration Act 1971.

The purpose of Section 3C of the Immigration Act 1971 is to prevent those who make an in-time application to extend their leave from becoming an overstayer whilst they are awaiting a decision, including where the application is refused, and an appeal or administrative review is ongoing.

For Section 3C to apply, you must have held a valid status of leave to enter or remain in the UK on the date that your valid application to extend or vary your leave was submitted. Where this is the case, Section 3C will apply:

  • whilst the application is pending and has not been withdrawn;
  • where an administrative review is pending;
  • whilst an in-time appeal could be brought in the UK; or
  • where an appeal has been lodged and has not been finally determined.

In such circumstances, the person’s leave is extended and they are not deemed to be an overstayer. The conditions of the previous visa will also subsist whilst Section 3C applies (for example any right to work).

It is important to note that if you seek permission to appeal after your current visa has expired, you will not be protected by Section 3C, meaning that you will technically enter a period of overstaying even if you are granted permission to appeal out of time. Where an immigration application is refused, the decision letter will outline the right of appeal, including the time frame for doing so. For applications made in the UK, this is usually 14 days from the date of refusal.

Where an in-time appeal has been lodged, Section 3C will apply until the appeal has been finally determined.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on TwitterFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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