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LOCATION: Home » Section 3C

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High Court: Failure to Provide Proof of Section 3C Status Unlawful
By David Zuther - Legal Associate

In a judgment handed down on 07 June 2024, the High Court in R (on the application of Refugee and Migrant Forum of Essex and London and Cecilia Adjei) v Secretary of State for the Home Department, [2024] EWHC 1374...

 (Admin) ruled that the Home Secretary’s failure to provide documentary proof of their lawful presence in the UK to thousands of migrants covered by section 3C of the Immigration Act 1971 was unlawful....

Supreme Court Weighs in on Long Residence, Validity and Section 3C
By Alex Papasotiriou - Immigration Barrister

In R (on the application of Afzal) & R (on the application of Iyieke) v Secretary of State for the Home Department [2023] UKSC 46 the Supreme Court considered matters arising from two applications for indefinite...

 leave to remain in the UK on the basis of long residence, often referred to as 10 years continuous lawful residence. Issue 1 – Failure to pay the IHS – invalidity – section 3C The first...

Section 3C Explained: A Flowchart for Human Rights Applications
By Richmond Chambers -

As direct access barristers working at Richmond Chambers, we have had countless lay clients approach us with one question: am I protected by section 3C of the Immigration Act 1971?  This can at times be a complicated...

 question, particularly when the Home Office guidance on section 3C appears to be at odds with the natural interpretation of statute, an example of which can be found here. Section 3C of the Immigration...

Home Office U-turn: Section 3C Leave Can Resurrect
By Alex Papasotiriou - Immigration Barrister

Almost 3 years ago, I wrote this article regarding the operation of section 3C of the Immigration Act 1971, in circumstances where leave extended by virtue of that section has ended by a decision that is subsequently...

 withdrawn or quashed, as well as the Home Office’s position on the matter.  According to established public law principles, an unlawful decision has no legal effect, provided that it is quashed by...

Human rights claims, the Same-Day Premium Service and the Section 3C trap
By Richmond Chambers -

This is a word of caution for those who are considering the use of the Home Office’s Same-Day Premium Service when making an extension or settlement application. When making a human rights claim to either extend...

 leave to remain or to settle in the UK, there is an option to use the Home Office’s Same-Day Premium Service for an additional fee. Many applicants prefer to use this service as applications are often...

Supreme Court decision on section 3C: Need for rationalisation and simplification of Immigration Rules
By Dr. Catherine Taroni - Immigration Barrister

The matter of R (on the application of Mirza, Iqbal and Ehsan) v Secretary of State for the Home Department [2016] UKSC 63 was heard by the Supreme Court on 19 October 2016...

 and the judgment of Lady Hale, Lord Wilson, Lard Carnwath, Lord Hughes and Lord Hodge was given on 14 December 2016.   The appealed Court of Appeal decision is here.

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