Does ILR application trigger an extension of leave under article 3C?

Hi all,

It might be pretty straightforward but I can't find a confirmation if an application of ILR counts as an extension of your Visa under article 3C. The article states the visa is extended if you apply ''for variation of the leave''.

Is ILR considered variation of leave? I am currently under admin administrative review of Tier 2/skilled worker visa extension (which has already extended the visa while admin review is pending) but since I now have the required time for ILR I would like to apply for that.

Many thanks

Section 3C kicks in when your visa runs out IF you applied before visa expiry AND your application remains pending a decision.
You can only vary an undecided pending application. You cannot vary when your application is refused/decided as no application exist to vary.

If you applied for AR application (application refused) and are currently under Section 3C, then any new application will end your Section 3C and renders you an overstayer. You can apply for ILR but you remain an overstayer until ILR is decided. So no section 3C

Thanks a lot for the reply Zimba.

This makes sense. I'm assuming it's the same if I apply for extending the Skilled worker Visa instead.

Does this mean unless I pay for express service that would make me an overstayer for months (6 or more) with all the legal ramifications this entails?

Sobeit4 wrote: ↑

Mon Feb 15, 2021 2:40 pm

Thanks a lot for the reply Zimba.

This makes sense. I'm assuming it's the same if I apply for extending the Skilled worker Visa instead.

Does this mean unless I pay for express service that would make me an overstayer for months (6 or more) with all the legal ramifications this entails?

Any application you apply for will render you an overstayer.