Section 3C Leave and Skilled Worker Visa Applications without a CoS
Section 3C of the Immigration Act 1971, is essentially a continuation of a person’s current leave in the U.K. The leave acts to extend the person's leave to remain.
Section 3C can only be triggered if the conditions below are met:
An individual currently holds limited permission to enter or stay in the UK.
The individual submits an application to the Secretary of State for the Home Department to change or extend that permission.
The application for leave to remain is submitted before the individual’s existing permission expires.
When the original permission expires, the application is still pending and has neither been withdrawn nor decided.
Can I stay in the UK with Section 3C leave without a valid CoS Certificate of Sponsorship?
If you are not able to receive a CoS on time, but you are able to prove that there is a valid reason for the delay, such as a Sponsor experiencing delays in obtaining a CoS, a caseworker may hold your case until you receive a CoS.
Please note: you will not be able to submit an application without a valid Sponsor Licence number.
Skilled worker visa caseworker guidance on applications submitted without a valid CoS:
“The reference number for the CoS should be provided in the application. If the applicant has not supplied the reference number, they must provide an explanation. If you are not satisfied the sponsor has assigned a CoS to the applicant, you may reject the application. If the reason the sponsor has not yet assigned a CoS is because of delays by UKVI (for example, a delay in processing a sponsor licence application or a request for a CoS), you may exceptionally place the case on hold pending the outcome.”
When Section 3C Leave Comes to an End
Section 3C leave, as provided under the Immigration Act 1971 Section 3C, extends an individual’s existing leave in the United Kingdom while a valid, in-time application is under consideration. However, this statutory extension is not indefinite and will come to an end in the following circumstances:
1. Decision on the Application Section 3C leave continues until the Home Office reaches a decision on the pending application. If the application is granted, the individual’s leave is replaced by the new grant of leave. If the application is refused, Section 3C leave will only continue where the applicant has a right of appeal or administrative review and exercises that right within the relevant time limit.
2. Withdrawal of the Application Section 3C leave will lapse on the date the applicant withdraws their application.
3. Departure from the Common Travel Area If the applicant leaves the Common Travel Area (the United Kingdom, Ireland, the Channel Islands, and the Isle of Man), Section 3C leave will automatically lapse. In such cases, the pending application is treated as withdrawn.
4. Exhaustion of Appeal Rights Section 3C leave comes to an end once any appeal or administrative review has been finally determined, or where the time limit to pursue such remedies has expired without action being taken.
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