People applying for leave to remain, or waiting for a decision on their application, can now request digital proof of their immigration status.
What is 3C leave?
3C leave refers to section 3C of the Immigration Act 1971. It ensures that while someone is waiting for a Home Office decision, their rights remain the same as before their leave expired: rights to work, rent, access healthcare, and benefits if they have recourse to public funds. For section 3C to apply, the person must have had valid leave to remain at the time of application and must have made an in-time application. While they are waiting, they have 3C leave.
However, the Home Office does not provide written confirmation of this leave or what it means. There is no physical proof of leave available, and no digital proof that the person applying can access themselves.
Applications for leave to remain often take many months to be decided. This often causes problems for people, especially if they need to get a new job or move house during this time, and are unable to prove that they have valid leave when an employer or landlord asks to check.
Employers can use the Home Office’s employer checking service (ECS) which will show them that someone has a valid application, but some employers refuse to do so.
Recent legal win
Recently, the organisation RAMFEL took the Home Office to court, challenging the lack of proof given to people who have 3C leave. And they won – the court ruled it was unlawful for the Home Office not to supply people with proof of their status. According to RAMFEL, the case “establishes that people on section 3C leave have a right to digital proof of their status, so that they can demonstrate that they have this status and these rights to others, including their employers, landlords, the DWP, the DVLA and so on.”
Take action!
This means people should now be able to request a digital proof of their status. According to RAMFEL:
We have no information yet about how the Home Office intends to implement this judgment. We suggest that individuals make requests for digital proof of their 3C leave status (such as an eVisa) to the Home Office by either:
Requesting it in a letter that is submitted to the Home Office with your fee waiver or the main immigration application to extend your leave to remain/apply for indefinite leave to remain. Or
If you have already made your application, by writing to the team in the Home Office which is processing your application. We have prepared a template letter, which can be accessed here.
If you do not receive a response within that timeframe and you are unable to prove your section 3C leave status, you can contact RAMFEL or the lawyers at Bhatt Murphy solicitors who represented RAMFEL and Ms Adjei to see if they can help:
RAMFEL – nick.beales@ramfel.org.uk
Janet Farrell – j.farrell@bhattmurphy.co.uk
Fiona O’Brien – f.obrien@bhattmurphy.co.uk
For more information on the impact of 3C leave, please see our GMIAU and IPPR North West briefing for local authorities on the 10-year route to settlement.