Part I

Immigration: General

Leave to enter, or remain in, the United Kingdom

Continuation of leave pending decision
3
In the 1971 Act, after section 3B, insert—

Continuation of leave pending decision
3C
1
This section applies if—
a
a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and
b
when it expires, no decision has been taken on the application.
2
His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.
3
An application for variation of a person’s leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.
4
But subsection (3) does not prevent the variation of an application mentioned in subsection (1).