High Court rules the Home Secretary must provide digital proof to everyone who is on 3C Leave
The High Court has ruled on 7 June 2024 that the Home Secretary has been acting unlawfully and that he must provide digital proof to everyone who is on 3C Leave. Read the 3C Judgement here
What is the 3C Rule?
Section 3C leave is a provision in UK immigration law that extends a person’s existing leave to remain in the UK while they await a decision on their visa application, appeal, or administrative review. This prevents individuals from becoming overstayers if their current visa expires before a decision is made on their application.
The High Court’s Rule
The High Court has deemed it unlawful for the Secretary of State for the Home Department (SSHD) to not provide individuals on ‘3C leave’ with proof of their immigration status. ‘3C leave’ is granted automatically when a visa extension application is submitted on time, allowing individuals to remain in the country under the same conditions as their previous leave. However, the lack of documentation has led to significant hardships, including job losses and difficulties in renting and accessing higher education.
The court acknowledged that many on ‘3C leave’ face severe consequences due to the inability to prove their status. It ruled that the SSHD’s failure to issue digital proof of status was irrational and counterproductive, undermining the purpose of ‘3C leave’ and the hostile environment policy, which aims to document those lawfully present.
The SSHD was also found to have neglected his duties towards children affected by ‘3C leave’, failing to protect families and British citizen children from harm caused by this policy. Despite being aware of the issue, highlighted by a RAMFEL report in September 2022 estimating 40,000 affected individuals annually, the SSHD did not act to resolve the problem.
The court’s decision now compels the SSHD to provide a means for those on ‘3C leave’ to prove their status. Nick Beales of RAMFEL criticized the government for not learning from the Windrush scandal and continuing to enforce the hostile environment policy. Janet Farrell, representing the claimants, called the ruling a significant victory and urged the Home Secretary to take immediate action to provide proof of status to those entitled under section 3C of the Immigration Act 1971.
What this means for migrants in the UK
This great news because it means that thousands of migrants in the UK will be able to evidence their right to stay in UK, giving them access to work, rent and education. This is something the immigration sector have been campaigning on for years!
Source: RAMFEL website blog
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