Successful application for limited leave to remain under Appendix Graduate of the Immigration Rules varied from FLR(HRO)_Section 3C

Successful application for limited leave to remain under Appendix Graduate of the Immigration Rules varied from FLR(HRO)_Section 3C

On October 21, 2021 | In Graduate route | By A Y & J Solicitors

Background

Ms A came to the UK 2 years to study, and her visa would expire a few weeks before the launch (01/07/2021) of the new graduate visa. Ms A wanted to be beneficial from this visa route, but her visa would expire beforehand. She then approached us to ask for our advice.

How we helped

A Graduate visa permits you to stay in the UK for at least 2 years after completing a course in the UK.

During the consultation, Ms A also informed us that she could not leave the UK before the expiry date of her previous leave due to the travel restrictions caused by COVID-19. To prevent her from becoming an overstayer, we submitted an in-time application form FLR(HRO) before the expiry date of her leave. Ms A’s leave was therefore extended by section 3C of the

Immigration Act 1971. According to GR 1.3. of Appendix Graduate, an applicant must have or have last had permission as a student. Because of the in-time application we submitted, Ms A’s leave, including all conditions attached to her leave, will be extended until the application is decided.

On 01/07, we varied Ms A’s application to the graduate route. Because of her section 3C leave, Ms A met GR1.3 on the date of application for limited leave to remain under Appendix Graduate.

Result

We helped Ms A to complete her form, book an appointment to enrol biometrics and upload all the documents beforehand. Ms A received her visa after about four weeks. With this visa, Ms A can now work in the UK (except for employment as a professional sportsperson, including a sports coach); including paid and unpaid employment, self-employment, and engaging in business or any professional activity. But she cannot claim public funds, study at a state-funded school, and undertake further study with a student sponsor on a course that would meet the requirements of the student route.

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