This training session will cover section 3C of the Immigration Act 1971, as well as validation, variation and withdrawal of applications. It will be focused on practical tips and issues encountered when advising and preparing applications.
Following the changes in the Immigration Rules on 1 December 2020, there are separate validity requirements for certain routes. It is now extremely important to abide by these, as an invalid application will not extend leave under section 3C of the Immigration Act 1971.
The effects of section 3C of the Immigration Act 1971, including when it is engaged and when it has come to an end, are crucial to understanding whether an applicant has continuous lawful residence and to ensure that an applicant does not overstay and become the subject of hostile environment measures.
It also continues to be important to understand the mechanism for varying and withdrawing applications and the impact on continuity of residence and refunding of application fees.
The training will also run through common scenarios that the tutor has come across in practice in preparing and advising on applications.
Topics to be covered include:
• What are the new validity requirements and how do they differ from the previous requirements?
• What is section 3C?
• When is section 3C triggered and when does it continue to extend leave?
• How do you vary a pending application?
• Is there a difference in effect between withdrawing and varying?
• How does varying an application affect leave extended by section 3C?
• What validity requirements must be complied with, in order for an application extend section 3C leave?
• What conditions apply when section 3C is engaged and an application is pending?
• When does section 3C come to an end?
A reminder that pupil barristers and trainee solicitors who are ILPA members and Category A members (Law Centres, Local Citizens’ Advice Bureaux and not-for-profits) are entitled to the concessionary training price (50% off the members' training price).