44.Section 3 replaces the equivalent provisions of the Immigration (Variation of Leave) Order 1976 SI 1976/1572 (as amended). When a person applies for variation of his leave before that leave expires, but it then expires before a decision is taken, the leave is automatically extended to the point at which the appropriate period for appealing a refusal expires. This will protect the immigration status of that person and prevent him from becoming an overstayer. A person will not be able to submit further applications during the leave as extended under this section, although they would be able to vary their original application: this is to ensure that all issues raised are covered by one decision and consequently one appeal.
Schedule 14: Consequential amendments Section 3: Continuation of leave pending decision