What is Section 3C Leave?

This post covers what section 3C leave is, when it applies, and how important it is for protection against becoming an overstayer.

Section 3C Leave

Section 3C of the Immigration Act 1971 protects the immigration status of a person with limited permission to be in the UK who makes a valid, in-time application to extend their permission to stay (also known as "leave" or "leave to remain"). This protection covers the period they wait for a decision to be made on their application, and also extends to any administrative review or appeal they lawfully make.

Pending decision of in-time application

Section 3C automatically applies where a person with limited permission makes a valid, in-time application to vary that permission. It begins when their existing permission expires, provided the application remains undecided and unwithdrawn.

The following examples demonstrate when Section 3C does and doesn't apply:

Example 1 ✔ Vivian is in the UK with permission to stay as a student until 10 September 2026. One day before her permission ends, she submits an application to switch to the Graduate route. She receives confirmation from UKVI that her application was submitted, along with a Unique Application Reference (UAN). She attends her biometrics appointment a few days later. Assuming Vivian's application is accepted as valid, section 3C automatically applies to her from 11 September 2026 until the date a decision is made on her visa application.

Example 2 ✗ Tomas is in the UK with permission to stay as a Skilled Worker. His eVisa confirms his permission ends on 27 December 2026. Due to a busy festive period in December, Tomas forgets about his visa ending. On 15 January 2027, he submits an application to switch to the Family route. Unfortunately, because Tomas's application was made after his current leave expired, he became an overstayer and was not protected by Section 3C leave.

Pending appeal of a refused application

Section 3C will automatically continue where the application of a person who already has Section 3C leave is refused with an in-country right of appeal. The period covered by Section 3C is the lawful time within which an appeal can be brought.

In-country appeal

For refusals of applications made from within the UK, the notice of appeal must be received by the Tribunal within 14 days after the date on which the refusal is sent by the Home Office. This is in accordance with Rule 19 (2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014. Section 3C also extends throughout the entire duration the appeal is pending. In other words, so long as the appeal has not been withdrawn, abandoned, or finally determined by the relevant court or tribunal.

Example 1 Mira submits an in-time application to extend her permission to stay as a spouse. Several weeks later, she receives an email from the Home Office with an attachment notifying that her application has been refused. The refusal letter states she has a right to appeal the decision to the First-tier Tribunal within 14 days. Mira believes the decision was incorrect and lodges an appeal 5 days later. Mira's immigration status was protected by Section 3C because she made a valid, in-time application. It continued because she lodged an in-time notice of appeal against refusal. This protection continues while her appeal remains pending.

Example 2 Kevin submits an in-time application for his son under Appendix Private Life. This application is refused by the Home Office 6 months later. Kevin does not notice the refusal email until several weeks later. Because his son's right of appeal was not exercised within 14 days, his son no longer has Section 3C leave and is now an overstayer. If the Tribunal permits a late appeal, section 3C may restart from the date that notice of appeal was lodged. An unsuccessful late appeal would not resurrect section 3C.

Out-of-country appeal

Section 3C Leave does not apply to applicants outside of the UK.

Pending Administrative Review of a refused application

Section 3C leave automatically continues where a person already held section 3C leave and receives an in-country right to administrative review. The period covered by Section 3C is the lawful time within which an administrative review can be lodged. The relevant deadlines are currently 14 calendar days from receiving the refusal, or 7 calendar days from receiving the refusal for those who are detained. If an in-time application for administrative review is made, Section 3C also extends throughout the entire period that review is pending. If an administrative review is not submitted, this person's leave would be deemed to have ended at the end of the final day on which an in-time review could have been requested.

Different application submitted during Section 3C Leave

Sometimes, a person who made an in-time application under one route may wish to later make a different application under another. This is known as variation. For example, an initial application submitted under the Innovator Founder route, followed by a separate application under the family route. As long as the first Innovator application was valid, submitted in time, and that application remains pending, the second family visa application will be considered a 'variation' application, replacing the first. Section 3C will continue in these circumstances. Variation is only possible before the original application is decided.

Permission conditions under Section 3C Leave

Whenever Section 3C applies, the same conditions attached to the permission held when the in-time application was made will continue, unless stated otherwise by the Home Office. For example, a Skilled Worker can continue working for their employer under the same conditions in effect before their permission ended. Similarly, any restrictions attached to this permission will continue to apply. The most important conditions are often the Right to Rent and the Right to Work.

Section 3C when leaving the UK

Section 3C leave will end if a person who has it leaves the UK. This applies even if they have a pending application, appeal, or administrative review.

Circumstances where Section 3C Leave ends

Section 3C leave may be cancelled for failure to comply with a condition of leave or where deception is or was used in an application. Cancellation of Section 3C leave is discretionary. It can also end when:

• the pending application is withdrawn

• the application is granted and new permission begins

• the permitted time for an appeal or administrative review ends unused

• an appeal is withdrawn, abandoned or finally determined

• an administrative review is withdrawn or determined

• a fresh application is made while an administrative review is pending

• the Home Office expressly cancels Section 3C leave

• the person leaves the UK

Withdrawal of refusal by Home Office

Where a refusal decision is withdrawn by the Home Office, Section 3C may continue because the original application becomes outstanding again. If Section 3C had already ended, it may restart from the date the refusal is withdrawn.

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Contact us if you are unsure whether Section 3C leave applies or could apply to you in your circumstances.