10-10-2022
The process of renewing visas is taking longer for thousands of people legally residing in the UK and the lack of visa information from the Home Office is causing anxiety among applicants. According to the data released by an immigrant rights charity, it also contributes to issues with hostile environment policies. The research conducted by the Refugee and Migrant Forum of Essex and London (Ramfel) mentioned the alarming figures and conditions of the applicants. Recently there was another visa-related news pointing towards the chances of a review in immigration laws, but visa delays are more worrisome
People who want to renew or formally establish their immigration status by themselves or through some UK visa information by some consultant are given the obscure "3C leave" status while they wait for the Home Office to review their application. The right to work, rent property, and receive healthcare during this time is, in theory, protected. Still, because many do not have documents attesting to their status, they frequently run into problems with employers and landlords.
According to the information provided by RAMFEL, over 30% of its clients faced problems when they were on 3C Leave. Employers and landlords frequently have no idea what the term means. In addition, they are concerned about avoiding fines for renting to or hiring illegal immigrants. Consequently, they equate a lack of documents with being ineligible.
A leave extension under the Immigration Act of 1971 is a section 3c leave. It is also known as 3C Leave and is officially known as the "continuation of leave pending variation determination." In essence, 3C Leave is a safeguard to keep applicants who have visa applications and appeals pending with the Home Office from overstaying and losing their right to depart.
Let's imagine a person files for a visa extension, but the Home Office takes 12 weeks to decide and the prior visa expires during that time. In that case, the person will still be covered by 3c Leave and their rights will be upheld. Once an application has been decided upon or all appeals have been exhausted, 3c Leave will automatically cease.
While on 3C Leave, it might be possible for the Applicant to work or get other benefits in the UK. If the person protected by 3C Leave applied to extend or change their visa from within the UK and whose most recent visa permitted them to work there will still be eligible to do so under the terms of that visa.
On the other side, an applicant will not be permitted to work on 3C Leave if they lack a valid visa at the time that they apply for one. It is because those without authorization or who have overstayed their visas do not have the right to work in the UK. Anyhow those facing problems while on 3c Leave should look for proper UK Visa Information and hire a consultant or a lawyer. Alternatively, you can contact the relevant officials.
The penalties incurred by employers and landlords who fail to check immigration status were strengthened as part of a package of hostile environment rules that went into effect in 2012. This makes it more difficult for anyone who does not have official documentation of their legal immigrant status to obtain services like healthcare, driver's licenses, bank accounts, or cell phone contracts.
Many people who have been granted 3C Leave are also currently trying to naturalize as British under the 10-year route. Thus, it necessitates that they submit four 30-month additional leave-to-remain applications in order to continue living in the UK during the qualifying period. Each application costs about 2,600 EUR. Many people find themselves in immigration uncertainty for extended periods of time as a result of Home Office processing delays.
The current waiting period for a decision is 11 months on average. It implies that applicants go on 3C Leave for nearly a year without receiving physical visa paperwork. Government backlogs in processing job verification checks have made this situation worse.
RAMFEL assisted 329 people in submitting additional leave-to-remain applications between January 2020 and May 2022. At least 109 of these clients (31%) experienced some disadvantage while on 3C Leave; 21 of these clients were either wrongfully suspended from their jobs or prevented from finding new employment. Not so long ago, somewhat same problems were faced by the Windrush generation and are happening again.
The Windrush generation refers to Caribbean immigrants who arrived in the UK between 1948 and 1971. Following the scandal's revelation in 2018, the UK government issued an apology for threatening to deport the children of Commonwealth nationals. Many people were informed they were in the UK illegally despite living and working there for decades due to a lack of official documentation.
As a result, many of them went on to work as manual labourers, cleaners and nurses; some even pioneered the representation of black Britons in society. Through all that, the Home Office did not maintain a list of people who had been granted permission to stay, thus making it challenging for Windrush immigrants to demonstrate their legal standing.
Theresa May, the then-prime minister, apologised for how Windrush people had been treated in April 2018. A compensation plan was formed, and an investigation was declared. It found that the issue was "foreseeable and avoidable," according to its report, which was published in March 2020. In the Home Office, it criticised "a culture of disbelief and recklessness."
As mentioned earlier, visa delays can be terrible for applicants causing rent, work and other issues. The worst part being it does not end there and could possibly lead to another Windrush scandal. The Home Office needs to make sure the situation is contained.
In a recent statement by the Home Office, they have made sure to establish that these individuals are entitled to various rights. Plus, the spokesperson clarified that anyone who discriminates is going against the law.
COVID-19 and the conflict in Ukraine have recently slowed down the processing times for a number of UK visas. For instance, the processing time for partner visa applications from outside the UK, which ordinarily takes 12 weeks, is currently up to 24 weeks.
3C Leave is a highly complicated area of immigration law and you should find relevant UK visa information which will help you understand your options better, then speak with an immigration attorney or a UK visa consultancy in case of issues. You could also get in touch with the UK Visa and Immigration or the Home Office. However, the waiting times are too long and the amount of information they provide is very limited.
In April 2019, the Windrush Compensation Scheme was created. It was estimated that 15,000 individuals qualified. Only a fraction of these had come forward by the end of September 2021, and only a quarter had received compensation, the Home Office later disclosed.
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