Following the rejection of ILR, is my current visa still valid?

After the application for permanent residency is rejected, the original visa that has not yet expired and has not been canceled usually remains valid; if the original visa has expired and there is no new permit, whether it is possible to continue to reside legally needs to verify whether section 3C is still continuing.

This article discusses the status of individuals who have applied for permanent residency within the UK. Upon receiving a decision letter, the original permit expiry date, the application submission date, the refusal notice, and the appeal period can be placed on the same timeline. It is also necessary to check whether there has been a decision to cancel the permit: Home Office "Guidance on Cancellation and Shortening of Permits" states that cancellation can take effect immediately or on a specified date. Only the conclusion that "the permanent residency application was rejected" cannot directly lead to the original permit becoming invalid on the same day.

How long can 3C be extended after the original visa expires?

Whether the visa rejection occurs before or after the expiration date will affect the subsequent arrangements.

The basic triggering conditions of section 3C of the current Immigration Act 1971 (Immigration Act 1971) are holding a limited stay permit, submitting an application for extension or change of permit before the expiry, and the application is still pending at the time the original permit expires. Applications for permanent residence within the country that meet the criteria also apply. Existing 3C will continue if there is the corresponding administrative review or internal appeal rights, and the remedy can still be submitted or is being processed according to law. If there is no corresponding right of redress, 3C usually terminates upon the effectiveness of the refusal decision; if there is the right but not applied within the prescribed period, it ends when the relevant period expires. Which procedure to follow and by which day, needs to be confirmed in combination with the decision letter and applicable rules.

During the 3C period, original working conditions are usually continued, and restrictions remain; applying for permanent residency does not grant the freedom to work in advance.

There is also a time limit: if a permanent residence application is refused before the original permit expires, the 3C provision has not yet been triggered. Even if an administrative review is subsequently applied for in due course, the original permit will not be automatically extended beyond its expiry date simply because the review has not yet been concluded. The Home Office ‘Guidance on 3C and 3D Residence Permits’ makes it clear that individuals who did not originally hold a 3C permit will not be granted one solely on the basis of their right to seek administrative review. Arrangements for such individuals must still be based on the expiry date of their original permit, with an assessment made of eligible renewals or other lawful transitions.

What would happen if you delivered one more?

I would not advise those who are already holding a 3C residence permit to treat the ‘review and appeal’ process as a form of double protection.

Appendix AR 4.4 of the current ‘Immigration Rules’ (Administrative Review) contains a specific provision: where a new application for entry or residence is submitted whilst a review is pending, the review shall be deemed to have been withdrawn on the day before the new application was submitted. The accompanying 3C guidance further clarifies that the submission of a new valid application will bring an end to the 3C that was being extended by that review; whilst the new application is pending, the original 3C will not be automatically extended. This effect takes place without waiting for the new application to be approved or refused.

“New applications with a record of acceptance” and “still holding lawful residence” must be verified separately.

When preparing a conversion plan, I recommend asking the person handling the application to clarify three points: the date on which the current basis for residence expires; whether the new route accepts the applicant’s status at that time; and whether the applicant may continue to work whilst the application is being processed. If the original permit remains valid and the new application meets the eligibility criteria, it may be worth considering submitting it before the expiry date; if only the 3C status remains, the consequences of waiving the administrative review must be weighed against the feasibility of the new application. Those currently pursuing an appeal must also check in accordance with the rules governing appeals and cannot simply apply the transition procedures used for administrative reviews.

If you are relying on a 3C visa, leaving the UK will result in the 3C visa being terminated, so travel arrangements must be taken into account.

When preparing for a consultation, you may place the original approval notice, confirmation of permanent residence application submission, visa refusal decision and proof of service, and evidence of review or appeal in the same folder. Please also clearly state the dates on which you plan to resubmit your application or leave the country, and ask a professional to explain, section by section, the grounds for your right to remain during the waiting period. This will make it easier to identify which steps merely involve preparing documentation and which, once submitted, will alter your current status.

The termination date of the current residence basis must be confirmed before submitting an appeal or arranging departure.

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