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

After the permanent residency application 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 text discusses the status of individuals who have applied for permanent residency within the UK. Upon receiving a decision letter, the original visa expiry date, application submission date, refusal notice, and appeal period can be placed on the same timeline. It is also necessary to check whether there has been a decision to cancel the visa: Home Office "Guidance on Cancellation and Shortening of Visas" states that cancellation can take effect immediately or on a specified date. Only the conclusion that "the permanent residency application was refused" cannot directly lead to the conclusion that the original visa became 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 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 period of stay, submitting an application for extension or change of permission before the expiry of the original permission, and the application is still pending at the time the original permission expires. Applications for settlement within the country that meet the criteria also apply. Existing 3C can 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 a right but not applied within the prescribed time, 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 another time boundary: if the permanent residency is rejected before the original permit expires, 3C has not been triggered. Even if an administrative review is subsequently applied for on time, the original permit will not be automatically extended solely because the review is not yet concluded. Home Office "Guidance on 3C and 3D Residency" clearly states that those who originally did not have 3C cannot obtain 3C merely by having the right to appeal. The arrangements for such individuals must still revolve around the expiration date of the original permit, assessing eligible renewal or other legal 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 the 3C period, which was extended by virtue of that review, to an end; whilst the new application is pending, the original 3C period will not automatically continue. This effect takes effect immediately, without the need to wait for the new application to be approved or refused.

“New applications with a record of acceptance” and “still holding lawful residence status” 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, you may consider submitting it before the expiry date; if only the 3C status remains, you must weigh up the consequences of waiving the administrative review against the feasibility of the new application. Those currently pursuing an appeal must also verify the process in accordance with the rules governing appeals and cannot simply apply the same transition procedures as for an administrative review.

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, the refusal decision and proof of service, and evidence of review or appeal in a single 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, point by point, the basis for your right to remain during the waiting period. This will make it easier to identify which steps are merely for preparing documentation and which, once submitted, will alter your current immigration status.

Before resubmitting an application or arranging departure, the expiry date of the current basis for residence must first be verified.

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