Question to the Home Office:

To ask the Secretary of State for the Home Department, whether the leave of an applicant who applies in time for administrative review continues until that review is concluded where their leave expires while the review is pending; and if she considers her Department's ECAA settlement guidance and administrative review caseworker guidance to be consistent on that matter.

Section 3C of the Immigration Act 1971 allows a person’s existing immigration permission to continue after it would otherwise expire. Where a person already has section 3C leave and they make an in-time application for administrative review, their section 3C leave continues while the review is pending.

However, an administrative review does not extend a person’s permission if that permission is not already continuing under section 3C when the administrative review application is made.

The published caseworker guidance on Section 3C and administrative review explains this position. The Appendix ECAA settlement guidance will be clarified at the next opportunity.