Section 3D leave: transitional cases - ICS Legal Blog

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Section 3D leave: transitional cases

There is a section on transitional cases where section 3D of the Immigration Act 1971 continues to apply pending an appeal against a decision to revoke or curtail leave made before 6 April 2015 (where the decision gave rise to a right of appeal).

That right of appeal was abolished by the changes to section 82 of the Nationality, Immigration and Asylum Act 2002 fully implemented on 6 April 2015.

Section 11 of the Immigration, Asylum and Nationality Act 2006 added section 3D to the Immigration Act 1971. When leave to enter or remain is curtailed or revoked, section 3D extends that leave while an appeal against that decision can be brought or is pending.

Following the changes in appeal rights by the Immigration Act 2014, decisions to curtail or revoke leave no longer give rise to a right of appeal. Section 3D therefore continues to apply only to people whose leave was revoked or curtailed before 6 April 2015 and who have appeals pending against the decision to revoke or curtail their leave (under the pre 6 April 2015 appeals system).

People on section 3D leave cannot make an application for extension or variation of their leave. This means that anyone on section 3D leave who wants to make such an application will have to withdraw their appeal. Conditions that apply to section 3D leave Persons who have their leave extended by section 3D remain on the conditions attached to the leave that has been revoked or curtailed. As with section 3C leave, the conditions attached to leave extended by section 3D may be varied by the Secretary of State.