The High Court has granted the migrant and refugee charity organisation, Refugee and Migrant Forum Of Essex & London (RAMFEL), permission to bring a judicial review of the government’s treatment of people with 3C leave immigration status.
When an applicant is applying to extend their stay in the UK in time, applicants are automatically granted 3C leave so that their existing rights are protected while their application is processed.
Currently, the government does not provide those on 3C leave with proof of their immigration status, which RAMFEL states has led people to have difficulties with employment, study courses and disability benefits.
RAMFEL’s 2022 report found that 17% of people on 3C leave suffered serious detriment. Based on available figures, as many as 40,000 people nationwide could be facing wrongful suspension from work each year.
The report made four recommendations to the government, including providing confirmation of a person’s rights and entitlements whilst on 3C leave.
The High Court will now consider whether the government’s conduct is unlawful.
This case will be heard on 19 and 20 March 2024. If the court considers that the government’s conduct is unlawful, this will put huge pressure on the government to provide people proper proof of their immigration status whilst on 3C leave.
My thoughts
I have seen this so many times with my clients over the years when they have submitted an in-time application to extend their stay in the UK and are waiting for a decision on their application. In my opinion, some employers have been excessively requesting my clients for updates on their application. This has led to me writing a letter to the employers and providing evidence that their application was submitted on-time and that they are automatically granted section 3C leave so that their existing rights are protected while their application is processed.
Having (in their opinion) not received sufficient proof of my clients’ immigration status whilst on 3C leave, some employers have unfairly stopped my clients from working until they receive evidence that their visas have been approved. There are measures put in place for the employers to make their necessary checks if an individual is able to continue to work while their applications are being processed. However, some employers have chosen not to use these measures that have been put in place for the necessary checks to be made.
I believe that the government’s conduct is unlawful. This is another clear example of the government’s hostile environment which aims to prevent those who cannot evidence their immigration status from working and accessing basic services, such as opening a bank account or accessing medical care.
I am happy that this matter has been put forward into the court and I hope that we will see positive changes from this. I have long been in favour of the idea of a document which is provided to people on 3C with leave proof of their status. This would state their existing rights such as employment, study courses and disability benefits which would be protected while their application is processed.
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