My leave to remain is due to expire, can I stay in the UK while my Judicial review request is pending?

If your leave to remain in the UK is set to expire soon and you have a pending judicial review request, navigating the legal landscape can be complex and daunting. This article aims to provide clarity on whether you can stay in the UK while your judicial review is under consideration.

Leave to remain refers to the permission granted by the Home Office for a non-British citizen to stay in the UK. This can be on a temporary basis, such as a work or student visa, or on a more permanent basis, like indefinite leave to remain.

A judicial review is a legal process where the decisions made by public bodies, including immigration decisions by the Home Office, can be challenged in court. If you believe that a decision regarding your immigration status was made unlawfully or unfairly, you can request a judicial review.

When your leave to remain expires, your legal right to stay in the UK typically ends. However, there are specific provisions under the UK immigration law that allow for certain exceptions, particularly when a judicial review is involved.

Section 3C of the Immigration Act 1971 provides that if a person makes an in-time application for an extension of their leave, their leave is extended automatically until the application (including any administrative review) is decided. However, this does not automatically extend to judicial review. The extension under Section 3C will not apply if the application or appeal is concluded and no new application for leave has been submitted before the expiry of the current leave.

If your leave to remain expires and you have a pending judicial review, the situation becomes more nuanced. Unlike administrative reviews, a pending judicial review does not automatically extend your leave to remain under Section 3C. You may stay in the UK while awaiting the outcome of your judicial review if you have applied for an injunction preventing your removal until the judicial review is resolved. Such injunctions are granted in exceptional cases where immediate removal would result in significant harm or injustice.

In many cases, individuals opt to leave the UK voluntarily while their judicial review is pending. This can avoid the risk of being classified as an overstayer, which can have severe consequences for future immigration applications.

Given the complexity of immigration law and the serious implications of overstaying, it is crucial to seek professional legal advice. At Gherson Solicitors, an immigration lawyer can help you understand your rights, the likelihood of obtaining an injunction and the best course of action based on your specific circumstances.

While your leave to remain in the UK does not automatically extend due to a pending judicial review, there are legal avenues and protections available. Applying for an injunction and seeking professional legal advice are critical steps to ensure you are not removed from the UK unlawfully. Understanding your rights and the legal framework surrounding judicial reviews can help you navigate this challenging period more effectively.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to?contact us?for advice, send us an?e-mail: [email protected]

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

?Gherson?2024