UPDATE: Section 3C Leave and How to Prove it

UPDATE: 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 should have meant that the Home Office has to put that right. However, the Home Office applied for permission to appeal against the judgment to the Court of Appeal and asked the Court to pause (or ‘stay’) the requirement to roll out digital status to everyone on section 3C leave straight away. The Court of Appeal granted their request on 2 September 2024 – the order is here.  The appeal is likely to be heard by the Court of Appeal in summer 2025.  
 
What does this mean for you? 
Even though there is a ‘stay’ is in place, if you are a person on section 3C leave who is suffering or likely to suffer hardship as a result of not being able to prove your immigration status or right to work, rent and so on, you should still ask the Home Office for a digital way to prove your status.  The Home Office should still consider that request, even while they are appealing against the judgment.  
 
How can I obtain this proof? 
There is no proper process set up by the Home Office to do this. We suggest that individuals make requests for digital proof of their 3C leave status 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 

1. 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 email / letter, which can be accessed here. 

 
We also recommend that you set up a UKVI account and apply for an eVisa if you have not done so already – you can find more information about how to do that on our website here. Having the account and eVisa all set up may speed things up if the Home Office does decide to give you digital proof of section 3C leave.   
 
If you do not get a prompt reply, you can also consider asking your MP to get involved.  
 
If you do not receive a positive response and you are concerned about the impact of being 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] ​