LAPSE

Question

Im trying to understand the sentence below but am not able to, because of the word "lapse". what does the word mean in this sentence?

"if no appeal is brought in time , leave to remain which is extended by 3C will lapse."

PeteMcManus · Accepted Answer

In this context "lapse" appears to mean end, cease to exist, get revoked. I take the sentence to mean that:

There was a ruling against somebody.
Ordinarily, the person would have to leave, because of this ruling.
However, a section of the rules (3C) extends (gives) the person temporary permission to remain, while the person brings an appeal.
If the person does not bring an appeal, this temporary permission is withdrawn.

Jaberdene · Answer

thanks for your answer.
Yes you are right that a section of the rules (3C) extends (gives) the person temporary permission to remain (in UK) , while the person brings an appeal.
Also the rule says:
The person have to appeal within 10 days. but if the person doesnt bring an appeal in that time then the leave(permission) to remain will LAPSE.

if the person doesnt bring any appeal at all then the extended leave (permission) will end after 10 days or is deemed to doesnt exist? this is what I wanted to know to be honest

many thanks

PeteMcManus · Answer

You understand it correctly. If the person doesn't bring any appeal at all the permission will end after 10 days.

Pete

Jaberdene · Answer

thank you very much Pete

I wanted to tell you little story of me. I had a leave to remain until 14/03/2005 in UK. Before the leave expires I applied student visa but it was refused on 07/04/2005. Then re-applied on 12/04/2005 instead if appeal. And got visa 20/04/2005.

Im trying find if I have a valid leave during whole this period but I was not able to find it due to not properly understanding of the word LAPSE (plus the word "could be").
in my case decision was not made before my original leave expires then 3C leave started on 14/03/2005.
as you said about the word LAPSE, leave extended by 3C rule ended after 10 days of refusal day which is in my case 17/04/2005

but I was told completely different thing by UKBA settlement policy man, see just below.
3c leave is the provision that entitles an applicant to remain in the UK until such time as the application is decided. If the decision is to refuse then it is deemed that the applicants leave ended when their last period of leave was valid until, in your case this was 14/03/2005. so he claimed thet Im overstayer from the day my visa expires.

but I cant see it in the 3C rule.
below I copied the paragraphs which are relevant to my case.

My question is Pete , In the rule below what do the word "could be" and "lapse" mean for?

Thank you very much for helping me. and sorry for long text.

3C Rule INTRODUCTION

It is often not possible to decide an application for an extension of leave until after the
period of leave has expired.
3C automatically extends the leave of a person who has made an application for
further leave to remain during a period of extant leave. Technically, the leave is
"treated as continuing".

Section 3C then prevents such an applicant becoming
an overstayer during the period in which their application for a variation of leave
remains undecided and, thereafter, while an appeal against any refusal could be
brought or is pending.

• Its effect is to extend the leave and any conditions attached to it while the application
is neither decided or withdrawn, while an in-country appeal could be brought, or,
while an appeal is pending;

Leave extended by virtue of this section shall lapse if the applicant leaves the United Kingdom.

A person whose leave under sections 3C expires and who has not been
granted leave becomes an overstayer.

CONTINUATION OF LEAVE WHILE AN APPEAL COULD BE BROUGHT
Under sections 3C(2)(b) leave is extended while an in-country appeal
could be brought against an immigration decision under section 82 of the 2002 Act

An appeal can be brought until the end of the time limit for appealing against a
decision which is 10 working days from receipt of the notice of decision.
If no appeal is brought in time, leave to remain which is extended by 3C will
lapse.

P.S. Actual law is here in moderinased way.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter1/section5/section5.pdf?view=Binary

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