Q&As

Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?

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Produced in partnership with Gary McIndoe of Latitude Law
Published on: 10 October 2018
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Section 3C leave (Immigration Act 1971)

Section 3C of the Immigration Act 1971 (IA 1971) temporarily extends an applicant’s leave for the period that their application is under consideration, including when pursuing an appeal or administrative review following a negative decision. This is dependent on their submitting an in-time application for variation of that leave and protects the applicant from becoming an overstayer.

Indefinite Leave to remain on the grounds of long residence under Para 276B (Immigration Rules Part 7)

The long residence rule permits an applicant to apply for indefinite leave to remain if they can demonstrate that they have been present in the UK for a continuous and lawful period of ten years. The definition of ‘continuous’ is found in Immigration Rules, Part 7, para 276A(a). The three main

Gary McIndoe
Gary McIndoe

Latitude Law

Gary has practised UK-inbound immigration, nationality and refugee law for more than 25 years. His first taste of work in his field was at the Home Office, where his role included policy work on the return of Hong Kong to Chinese control in 1997.

He qualified as a solicitor in 2000 and founded Latitude Law in 2007; the firm has grown steadily since then and currently has a 15-strong legal team undertaking a full range of immigration work.

Latitude has recognised expertise in guiding businesses, from start-ups to mulitnationals, through sponsor licensing and related regulatory processes. It is also noted for its work with high-net-worth individuals, with particular focus on the sole representative of overseas business, innovator and start-up visa categories.

Gary and his team have developed strong links with exceptionally talented individuals in a burgeoning regional tech sector. Latitude also continues to take on complex asylum and deportation work. The firm has a satellite office in London and a subsidiary business in Brussels. Gary is registered as a foreign lawyer with the Brussels Bar.

Gary is an AILA international associate and has contributed to panels at the organisation’s global and European conferences in recent years. He is chair of trustees of Electronic Immigration Network, a charity providing information services in the sector, and a patron of Middle Eastern human rights charity Salam DHR. In 2021 he co-authored, with Gemma Tracey, a practical guide to deportation (Law Brief Publishing).


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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Asylum definition
What does Asylum mean?

Protection under the refugee Convention: a 'claim for asylum' means a claim that it would be contrary to the UK's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the UK.

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