UKIAT The expression ‘current . . leave to remain’ in para 245ZX(I) of the Statement of Changes in the Immigration Rules HC 395 as amended must refer to an applicant’s/appellant’s substantive period of limited leave. Were it to denote extended leave under s.3C of the Immigration Act 1971 (‘s.3C leave’), the expression would be meaningless. Further, at the time the applicant made his application, his leave could only have been his substantive leave; any s.3C leave could not come into being until after he received a decision. That is because s.3C leave does not arise until ‘the leave expires without the application for variation having been decided’ (s.3C(c)).
Citations:
[2010] UKUT 217 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 21 August 2022; Ref: scu.420262
