I come across this topic Related to Section 3C and read the scenario that the writer mention in his blog. Please See be link below.
https://www.freemovement.org.uk/section ... g-appeals/
The Home Office has issued a new updated version of its policy on section 3C and 3D leave: Leave extended by section 3C (and leave extended by section 3D in transitional cases). Section 3C and 3D leave is an automatic type of leave created by an amendment to the Immigration Act 1971 so that where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status would be extended during any waiting time for the application to be decided or for an appeal to be decided.
Except that is not quite true any more. Section 3C was amended by the Immigration Act 2014 and no longer protects those who make an application and appeal it where the decision was made by the Home Office before the person’s leave expired. Where the decision is made after the person’s leave expired, section 3C continue to work its magic.
"Paragraph taken from the link above"
Question 1:""Example
Theresa is the spouse of a British citizen in the UK. She was granted two and a half years of leave as a spouse when she first entered and she now needs to apply for an extension. She makes her application in good time, 28 days before her leave is due to expire. Her application is refused a week later. A civil servant makes a mistake and the refusal is incorrect. She appeals.
When Theresa’s leave expires, it expires. The fact that she is pursuing an appeal does not help her. She becomes an overstayer. Overstaying is a criminal offence. It is also considered “bad character” if she wants to apply for British citizenship later. Her employer has to sack her and her landlord has to evict her. In short, she loses her good character, her job and her home.
She wins her appeal a year and a half later (appeal waiting times are extraordinary at the moment) but this cannot undo the damage.
Had Theresa waited to make her extension application until the day before her leave was due to expire, any refusal would have come after the expiry of her leave. In those circumstances, her appeal and section 3C would protect her.""
If I Apply in Person and get refused on the same day But I Still have valid leave to remain ( Let say I have 7 days leave remaining on my current Status ) and I am also given in country appeal rights by home office, Let say on SET (LR) Application Long Term Resident's Basis, But Based on the above fact the 3C Does not Apply to me, as i was refused on same day with my leave remaining even it's only 7 days but still valid leave, than basically I become over-stayer on virtue of no fault of my own ( Let say Home Office Case Worker Made a Mistake ), when my leave expire regardless if I have a valid JR pending or Appeal pending.
So Basically Applying in Person is not a good idea for SET(LR) if have you a valid leave to remain even only few days. So in Such Cases is it a good idea to apply by post ? in Order to Retain Section 3C.
Question 2:
Is there any thing to do with 28 days rule ? ( Does this Only Apply to Applications made before 28 days or with n 28 days ? )
Please senior members, shed some light on this topic and advise accordingly, this will benefits people in similar situation.