If an applicant has extended their visa in the UK but has not yet heard of a decision, they are worried about their current legal status.

Once a migrant makes a valid application to extend their permission to stay in the UK before their visa expires, their existing leave will be continued until a decision has been made on the application.

What is 3C Leave?

Section 3C of the Immigration Act 1971 is the “continuation of leave pending variation decision” and is often referred to as 3C leave.  3C leave is protection for applicants who have immigration applications and appeals pending with the Home Office. So section 3C leave is started where someone with permission to stay makes a valid application before their permission expires and they reach the date their permission was due to expire without a decision being made.

For example, if an applicant applies to extend their visa and the Home Office takes 8 weeks to decide and the previous visa has expired during the decision period, that applicant will legally stay in the UK with previous visa status.

3C leave is automatic and will end once a decision has been made on an application or appeal rights have become exhausted. All immigration applications and appeals must be submitted in time, for 3C leave to apply.

Can I work under section 3C?

Section 3C leave protects a migrant’s right to work and rent while they await a decision on an extension or switching application and ensures continuity of legal residence between grants of permission. Section 3 C leave covers the applicant to legally stay under the previous visa status. It may be possible for an applicant to work in the UK whilst under 3C leave; however, this depends on a number of factors.

If their most recent visa allowed them to work in the UK then they will still be able to work as per the working conditions attached to that visa. For example, an applicant on a Tier 1 entrepreneur visa who is applying for an extension will be able to continue working in the UK whilst under 3C leave.

An applicant in the UK on a spouse visa who is applying for an extension will be able to work whilst under 3c leave. However, an applicant in the UK on a fiancé visa who made an application to switch to a spouse visa will not be able to work. This is because the fiancé visa does not permit work for those on this visa.

If an applicant does not have a valid visa when they make an application in the UK, they will not be allowed to work under 3C as people without leave or who have become overstayers have no right to work in the UK.

Can I make a new application while awaiting the outcome of the previous application?

If someone has an outstanding application that was made before their visa expires and they transition to section 3C leave, they can vary their application to another type up to the date that the Home Office makes a decision. The applicant can be protected by section 3C leave. However, once a decision has been made, any attempt to lodge a new application while they still have section 3C leave will be void.

This means that someone can vary their outstanding application to another one at any time prior to the decision being made and still retain the benefit of section 3C leave.

What happens if I withdraw my application?

Where an applicant withdraws their visa application prior to the decision being made or a pending appeal, their section 3C leave comes to an end from the date of the withdrawal.

If someone leaves the country or misses the deadline to enrol their biometrics, they will also no longer be covered by 3C leave.

They need to submit another visa application or leave the UK. However, when the further application is submitted can impact whether the 3C leave will continue.

 

It is important for migrants to understand their status in the UK at all times. If you have any concerns about your status or want to know how an application will affect your status then contact us or leave a message.