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 the status of individuals applying 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 "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 refusal 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 period of stay, submitting an application for extension or change of permission before the original permission expires, and the application is still pending at the time the original permission expires. Applications for permanent residence 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 remedy, 3C usually ends when the refusal decision takes effect; if there is the right but not applied within the deadline, it ends when the relevant period expires. Which specific procedure to follow and which day to be the deadline need to be confirmed by 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 permanent residency is denied 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 individuals 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 happens if you submit an extra one?

I do not recommend that those who have already relied on 3C residency regard "re-examination and increased penalty" as a dual safeguard.

The current "Immigration Rules" Appendix Administrative Review (AR) 4.4 has a specific provision: during the period when a review is pending, if a new entry or residence application is submitted, the review is deemed to be withdrawn on the day before the new application is submitted. Guidance Note 3C 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 receipt record" and "still has legal residence", need to be verified separately.

When preparing the transition plan, I suggest asking the person handling the application to clearly state three things: when the current residence basis will end; whether the new route accepts the current status; and whether work can continue during the processing period. If the original permit is still valid and the new application meets the conditions, it can be assessed whether to submit it 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 use the same transition method as administrative review.

If relying on 3C for settlement, 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 records, and review or appeal documents in the same folder. Also clearly write down the planned date for re-submission or departure. Please have professionals explain each segment regarding the basis for residence during the waiting period. Only in this way can you easily find out which step is just preparing materials, and which step will change your current status after submission.

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

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