Following the rejection of ILR, is my 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 article discusses a person’s status in the UK following an application for indefinite leave to remain. Upon receiving the decision letter, you can plot the expiry date of the original leave, the date the application was submitted, the notification of refusal and the deadline for seeking redress on a single timeline. It is also necessary to ascertain whether a decision to cancel the authorisation has been made: the Home Office ‘Guidance on the Cancellation and Shortening of Authorisations’ states that a cancellation may take effect immediately or on a specified date. The conclusion that ‘the application for permanent residence has been refused’ alone does not directly imply that the original authorisation ceased to be valid on the same day.

How long can a 3C certificate remain valid after the original visa has expired?

Whether the visa application is refused before or after the expiry date will affect the subsequent arrangements.

The basic trigger for section 3C of the current Immigration Act 1971 is that the person holds a temporary residence permit, has validly submitted an application for an extension or variation of that permit before its expiry, and the application is still pending a decision at the time the original permit expires. This also applies to eligible applications for indefinite leave to remain made whilst in the country. A 3C that has already been triggered may continue to apply where there is a corresponding right to administrative review or an in-country appeal, and where such a remedy may still be lodged in accordance with the law or is currently being processed. Where there is no right to such remedies, Section 3C status typically ceases upon the entry into force of a refusal decision; where a person is entitled to such remedies but fails to apply within the prescribed time limit, it ceases upon the expiry of that time limit. The specific procedure to be followed and the relevant cut-off date must be confirmed by reference to the decision letter and the applicable regulations.

During the 3C period, the original working conditions generally remain in place and the restrictions continue to apply; applying for permanent residence does not grant you the freedom to work in permanent residence status ahead of schedule.

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.

Send more, what will happen

I do not recommend that people who have already obtained residency through the 3C program regard "re-examination and increased penalty" as a dual guarantee.

The current "Immigration Rules" Appendix Administrative Review (AR) 4.4 has a specific provision: during the period when a review is pending, submitting a new entry or residence application will result in the review being deemed withdrawn on the day before the new application is submitted. The accompanying 3C guidance further explains that submitting a new valid application will end the 3C that relies on the review; during the waiting period for the new application, the original 3C will not automatically continue. This effect occurs without needing to wait for the new application to be approved or rejected.

"New application has a record of acceptance" and "still has legal residence", need to be verified separately.

When preparing the transition plan, I recommend that the person handling the application clearly state three things: on which day the current residence basis will end; whether the new process accepts the current status; and whether work can continue during the review period. If the original permit is still valid and the new application meets the conditions, it can be assessed to submit before the expiration. If only 3C remains, the consequences of waiving the review and the feasibility of the new application must be assessed together. Those currently appealing must also check according to the appeal rules, and cannot simply copy the connection method used in administrative review.

If relying on 3C for residency, leaving the UK will also end the 3C, so travel arrangements need to be considered.

When preparing for consultation, you can put the original approval notice, permanent residency submission confirmation, rejection decision and delivery record, and the review or appeal evidence in the same folder. Also clearly write down the planned date for re-submission or departure. Please have professionals explain step by step the basis for staying during the waiting period. Only in this way can you easily find out which step is just about preparing documents, and which step will change your current status after submission.

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

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