Section 3C leave is the main protection for people whose visa runs out while an application is being decided. It is why applying before your permission ends matters so much.
What Section 3C does
Section 3C of the Immigration Act 1971 extends your existing permission by law while a qualifying application is pending. Your conditions, such as the right to work, normally carry on as before. This is why people can wait many weeks or months for a decision while still lawfully working and living in the UK.
When it applies
- You apply to vary (extend or change) your permission while you still have permission.
- The application is valid: made in the right form, with the fee or fee waiver, and any required steps such as biometrics.
- You are applying from inside the UK.
When it does not apply
- You applied after your permission ended. A late application does not get 3C protection. The 14-day rule may help with the overstay in a decision, but it does not continue your permission.
- The application was invalid, or has been withdrawn.
- You leave the UK. Permission lapses when you leave, and so does any 3C protection.
When it ends
Section 3C leave ends when the application is decided, unless a right of administrative review or appeal applies and you bring it in time, in which case it continues until that process is finished. If your application is refused and you do not challenge it in time, your permission ends. From that point you are an overstayer, and the days start counting. Use the calculator with the date your permission ended.
Proving your position
Employers, landlords and others may need to check your status. Keep your application confirmation and reference number. The Home Office online checking services are the main way to prove your right to work or rent, so check what your UKVI account and any share code show.
Practical tips
- Apply early. Do not leave it to the last day.
- Keep the confirmation and the date and time you submitted.
- Do not travel abroad while an in-country application is pending without advice. You can lose the application and the protection.
- If you are refused, act on any review or appeal deadline immediately. The time limits are short.