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Immigration. Lawfully Navigated
2 Gresham Road Brentwood Essex CM14 4HN
P: 0333 444 1444 E: tellus@immigrationely.com W: immigrationely.com
| Name: | |
| DOB: | |
| Nationality: | |
| Passport No: | |
| Home Office Ref: | |
| UAN No: | |
TO WHOM IT MAY CONCERN
Re: (DOB: ), Nationality:
We act for the above-named client in connection with his/her immigration matter. We confirm that our client previously held [LEAVE TYPE, e.g. Student] leave to remain in the United Kingdom, valid until [DD/MM/YYYY].
On [DD/MM/YYYY], we lodged an immigration fee-waiver application on our client’s behalf with the Home Office. The application has been successfully submitted, and our client will follow the procedure required by the Home Office to complete the process. Confirmation of submission is enclosed.
As our client’s application was lodged in-time, prior to the expiry of his/her existing leave, and remains undecided, our client’s leave is extended by operation of section 3C of the Immigration Act 1971. The relevant statutory provision is set out below for ease of reference:
Section 3C, Immigration Act 1971 — Continuation of leave pending variation decision
(1) This section applies if—
(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave;
(b) the application for variation is made before the leave expires; and
(c) the leave expires without the application for variation having been decided.
(2) The leave is extended by virtue of this section during any period when—
(a) the application for variation is neither decided nor withdrawn;
(b) an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the appellant is in the United Kingdom, against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission); or
(c) an appeal under that section against that decision, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).
(3) Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.
(4) A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.
(5) But subsection (4) does not prevent the variation of the application mentioned in subsection (1)(a).
(6) The Secretary of State may make regulations determining when an application is decided for the purposes of this section, and the regulations—
(a) may make provision by reference to receipt of a notice;
(b) may provide for a notice to be treated as having been received in specified circumstances;
(c) may make different provision for different purposes or circumstances;
(d) shall be made by statutory instrument; and
(e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Accordingly, [CLIENT FULL NAME]’s application having been lodged within the statutory time and remaining pending with the Home Office, he/she is entitled to the benefit of section 3C of the Immigration Act 1971. By operation of that provision, the conditions attached to our client’s most recent grant of leave continue to apply — including, where applicable, the right to work, to rent accommodation and to access medical treatment in accordance with the conditions of that leave.
Should you require any further information or clarification, please do not hesitate to contact the undersigned at sadia@immigrationely.com.
Yours faithfully,
immigrationely.com
