3C leave update: TIME TO request digital PROOF OF status

SECTION 3C LEAVE AND HOW TO PROVE IT
What is section 3C leave?
If you make an in-time application to extend your limited leave to remain, your leave (and the conditions attached to it, such as your right to work or right to claim public funds) is extended automatically under section 3C of the Immigration Act 1971, until the application and any appeal is decided. However, the Home Office does not routinely provide people with proof of that. That has caused people on section 3C leave real difficulties if they are asked by employers or landlords for example, for proof of their status or their right to work or rent, and they are unable to do so.
The RAMFEL & Adjei 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. The judgment by Mr Justice Cavanagh on 7 June 2024 gave the reasons for that. You can read that judgment here. On 27 June 2024 the court made an order declaring that the SSHD’s failure to do this was unlawful. That means that they now have to put that right. The Order and reasons given by the court are here. The SSHD asked for effect of the judgment to be paused while they tried to pursue an appeal but the Judge refused this.
What does this mean for you?
If you are a person on section 3C leave, you should now be able to obtain a digital way of proving that status from the Home Office.  You can do this when applying to extend or vary your existing leave or applying for indefinite leave to remain. We hope that this will mean you can show employers, universities, landlords and others who may need to check your immigration status what your status is and what rights you have attached to it.
How can I obtain this proof?
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: 

1. 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
2. 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 – [email protected]
Janet Farrell – [email protected]
Fiona O’Brien – [email protected]

Please note, we will be updating this page as we obtain more information so please do check back for developments.

Have a listen to the 'Migrant Moods' podcast on Spotify, to hear young migrants reflecting on this win!