What is Section 3C leave?

Having Section 3C leave under the Immigration Act 1971 means that if you submit an application to extend your stay in the UK before your visa expires, you will not be treated as an overstayer while you wait for a decision. More broadly, section 3C protects you from being an overstayer in 3 scenarios:

• pending a decision on an immigration application (e.g. a visa or ILR application)
• pending a visa appeal to the Immigration Tribunal or Court of Appeal
• pending an administrative review by the Home Office

A person with Section 3C leave is subject to the same conditions as their most recent visa. This means that under section 3C immigration rules, you have the right to work while waiting for a decision, if your most recent visa allowed you to do so (e.g. Skilled Worker visa, UK Spouse visa).

When does section 3C apply?

If Section 3C is triggered, the period of leave granted will continue until either:

• The individual leaves the UK
• The individual has their Home Office application withdrawn
• A decision is made by the Home Office on the application
• The individual does not appeal or seek permission to appeal within the required time limit
• An appeal is withdrawn, abandoned, or determined
• The individual does not request an administrative review within the relevant time limit
• An administrative review is withdrawn or determined

The decision on your UK visa application is pending

Section 3C leave will automatically apply if all of the following apply:

1. You currently have limited leave to remain or enter the UK,
2. You submit an application for leave (e.g. a new visa, visa extension, or ILR) before your limited leave to enter or remain expires,
3. Your current leave expires before your new application for leave has been decided by UKVI, and
4. Your application has not been decided or withdrawn.

However, Section 3C leave does not apply if your leave to remain in the UK has already expired or an application made to the Home Office is rejected as invalid. If a mistake led to the application being rejected as invalid and this is corrected by the applicant, the Section 3C leave will apply from when the applicant submitted their application.

You have a pending appeal

Section 3C leave will continue to apply if:

• You have the right to bring an in-country appeal (your decision letter will tell you if you have the right of appeal), and
• Your appeal is pending, i.e. you have lodged an appeal, and you are waiting on a decision

Importantly, to benefit from Section 3C leave during an immigration appeal, you must have had Section 3C leave when you received your decision.

An appeal is “pending” until a final decision has been made, it is withdrawn, or it is abandoned. It is important to note that for Section 3C leave to apply, any appeal must have been made in time. If permission is given to make a late appeal, Section 3C leave will apply from when the appeal was first filed.

You have a pending administrative review

Under the Section 3C guidance, your leave will continue to apply if:

• You have the right to apply for an administrative review (i.e. if you believe that UKVI made a mistake when they decided on your application)
• You have requested an administrative review, and you are waiting on a decision.
• You have not made a new application for leave to remain

If you have a pending administrative review, in order for section 3C to apply, no new application for leave to remain must have been made. An administrative review is considered to be “pending” until a final decision has been made by the Home Office, it is withdrawn, or a fresh application is made.

To benefit from Section 3C leave, the administrative review application must have been submitted in time. However, if a late administrative review application is accepted by the appeal Tribunal, the Section 3C leave will apply from when the review was requested.

And finally, as with appeals, to benefit from Section 3C leave during an administrative review, you must have had Section 3C leave when you received your immigration decision.

Section 3C leave cancellation

In some cases, if leave has been extended under the Section 3C immigration rules, it may later be cancelled. Section 3C leave may be cancelled if you:

• Don’t meet the conditions of your leave (e.g. if you apply for public funds when you are not supposed to), or
• Used deception (e.g. if you provide false information or documents in your current or previous visa application)

If the Home Office is considering cancelling your Section 3C leave, they will take into account if you have an outstanding immigration application, if you have an outstanding appeal, or if you have an outstanding administrative review. They also have to consider whether the false information was provided due to an innocent mistake in UK visa application or intentionally.

Home Office case officers have to weigh up all factors before making the decision to cancel Section 3C leave. For this reason, in practice, Section 3C leave is rarely cancelled.