If you have limited leave to remain in the UK, you will need to apply to the Home Office to extend or switch your leave before the limited leave finishes (this is the date on your biometric residence permit). If you make a valid application to extend your leave before this date (this is called making an ‘in time’ application), then your permission to stay will remain until you receive a final decision (and any appeal decision). This is known as section 3C leave.
What is Section 3C leave?
3C and 3D leave Guidance states:
“Purpose of leave extended by section 3C Immigration Act 1971
The purpose of section 3C leave is to prevent a person who makes an in-time application to extend their leave from becoming an over-stayer while they are awaiting a decision on that application and while any appeal or administrative review they are entitled to is “pending”.
A person will have section 3C leave if:
- they have limited leave to enter or remain in the UK
- when an in-time application is made
- they apply to the Secretary of State for variation of that leave
- the application for variation is made before the leave expires
- the leave expires without the application for variation having been decided
- the application for variation is neither decided nor withdrawn
Pending appeal Section
3C leave continues during any period when:
- an in-country appeal could be brought (ignoring any possibility of appeal out of time with permission)
- the appeal is pending (within the meaning of section 104 of the Nationality, Asylum and Immigration Act 2002), meaning it has been lodged and has not been finally determined
Pending Administrative Review Section 3C leave continues during any period when:
- an administrative review could be sought
- the administrative review is pending, in that it has not be determined
- no new application for leave to remain has been made
However, Section 3C leave will end if the person leaves the UK.
In connection with the Section 3C leave, you may not receive any acknowledgement letter or correspondence from the Home Office confirming the effect of pending application on your immigration status during decision period.
If you apply for an extension or switch your visa, you need to send your passport and required documents to the Home Office. Your employers or other organisations may ask to see those documents about your current status of stay and they may not understand that you have the right to work or study.
With immigration decisions pending for up to 4 to 6 months due to delayed decision, causing such a situation can result significant unnecessary difficulties and anxiety for applicants.
Therefore, it is necessary to explain the rules of Section 3C and present a copy of the online application received so that employment is not disadvantaged.
When does Section 3C leave not apply?
Section 3C leave does not apply when the application to extend or vary leave is rejected as invalid. Therefore, it is highly important that you ensure all of the mandatory documentation is uploaded/submitted to avoid invalidation and rejection of an application as unconsidered later on during the application process.
If the extension application is invalid or rejected, there is a high possibility of becoming an over-stayer. Of course, you can re-submit your application with the required documentation and applicable fees however you will not be able to enjoy the benefits of Section 3C leave, such as being able to work whilst their re-submitted application is pending to be decided.
If you have applied to switch your status in respect of your employment or studies then please refer to the guidance on Gov.UK as you should be permitted to commence work/study prior to your application being decided, should you meet the conditions set out in the guidance.