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Forum Home  →  Discussion  →  Other areas of social welfare law  →  Thread

Leave to remain extensions

AlexJ
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Trafford Welfare Rights

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Total Posts: 116

Joined: 4 July 2016

Wasn’t sure where to post this. It’s an immigration query but the advice I am giving to the client exclusively relates to benefits. But in order to give the right advice, I need to know what her immigration status was during a particular period.

I understand that a person with limited leave to remain who submits an application for their leave to extended has their original period of leave extended pending the outcome of the fresh application. So if my leave expires tomorrow (31st July) and I make an application for it to be extended today, my leave will be extended from 31st July onwards until such a time as the fresh application is decided.

My question is, if the application for the leave to be extended is submitted late and accepted (if, for example, I submit the application for an extension of my leave, which expired on 31st July, on 5th August, after the original leave expired), am I treated as having leave to remain during the window between my original leave expiring and my fresh application? i.e. in my hypothetical example, is my original application for leave to remain extended to cover 1st August - 4th August?

The client in question has now been granted indefinite leave to remain.

I’m sure that the CPAG benefits for migrants book has the answer but I’m working from home and it’s in the office.

Many thanks in advance

Alex

AlexJ
forum member

Trafford Welfare Rights

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Total Posts: 116

Joined: 4 July 2016

I’ve just been reading section 3C of the Immigration Act 1971 and I think that the answer to my question is probably ‘no’ , but any thoughts or opinions to the contrary would be appreciated.

https://www.legislation.gov.uk/ukpga/1971/77/section/3C