What Is Section 3C Leave?

Section 3C leave is a provision in the UK Immigration Act 1971 that automatically extends a person’s existing visa while the Home Office is deciding their new application.

In simple terms:

If you apply in time, your current visa continues legally until the Home Office makes a decision.

This protects you from becoming an overstayer.

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 overstayer while awaiting a decision on that application and while any appeal or administrative review they are entitled to is pending.

3C Leave For Pending decision on application

A person will have 3C leave if:

• they have limited leave to enter or remain in the UK
• 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• the application for variation is neither decided nor withdrawn

3C Leave For 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

3C Leave For Pending Administrative Review

Section 3C leave continues during any period when:

• no new application for leave to remain has been made
• an administrative review could be sought
• the administrative review is pending, in that it has not been determined

Section 3C leave will end if the person leaves the UK.

When Does 3C Leave Start?

You get Section 3C leave if:

• You currently have valid leave (a visa or permission to stay)
• You apply to extend or vary that leave before it expires
• Your leave expires before the Home Office makes a decision

If all three conditions are met, Section 3C automatically extends your leave.

When Does 3C Leave Continue?

3C Leave continues while:

1. A decision on your application is pending

Your leave stays extended until the Home Office decides your application.

The appeal window (usually 14 days) keeps your leave extended.

3. An appeal is pending

If you appeal in time, Section 3C leave continues until the appeal is:

• finally determined
• withdrawn
• abandoned

4. An administrative review is pending

If you request an administrative review in time, Section 3C leave continues until the review is decided.

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When Leave Does Not Apply?

Section 3C does NOT extend leave if:

• You apply after your visa has already expired
• Your application is invalid and you fail to correct it
• You withdraw your application
• You leave the UK while Section 3C leave is running
• You lodge an out‑of‑time appeal and the tribunal refuses to accept it
• You make a new application while on Section 3C leave (you can only vary the existing one)

Why 3C Leave Matters?

While on 3C leave, you are considered lawfully present in the UK. This means:

• You keep the same conditions as your previous visa (e.g., work rights)
• You do not become an overstayer
• You avoid the 30‑day re‑entry ban rules
• You remain eligible for routes that require continuous lawful residence (e.g., ILR 10‑year route)

Simple Example

Your visa expires: 30 June You apply to extend: 29 June Home Office decides on: 15 September

Between 1 July and 15 September, you are covered by 3C leave.

Conditions of immigration leave where 3C applies

A person who has section 3C leave remains subject to the conditions attached to their extant leave unless the conditions of their leave are varied by the Secretary of State. For example, a person subject to a condition allowing employment may continue to work as before. Any restrictions on the type of employment allowed or the number of hours they can work will still apply.

Cancelling section 3C leave

Section 62 of the Immigration Act 2016 (the 2016 Act) amends section 3C of the Immigration Act 1971 (the 1971 Act) to provide for a power to cancel section 3C leave. This power was commenced on 1 December 2016.

Section 3C leave may be cancelled where a person has either:

• failed to comply with a condition attached to their leave
• used or uses deception in seeking leave to remain (whether successfully or not)

Section 3C leave cannot be cancelled for any other reason. The other general powers to curtail leave set out in the Cancellation of entry clearance and permission do not apply to section 3C leave.

Cancelling 3C leave where there is an outstanding administrative review

Where a person has an outstanding administrative review you should decide the administrative review. A decision on the administrative review will bring section 3C leave to an end unless new reasons are added to the refusal.

Cancelling 3C leave where there is an outstanding appeal

Where section 3C leave is extended because the person has an outstanding appeal, cancellation of 3C leave will not bring the appeal to an end. The consequences of cancelling section 3C leave is that the person will not have 3C leave while the appeal is pending. This also means that any conditions associated with the previous immigration leave would no longer apply, for example, the right to work or access public funds.

Need advice on Section 3C Leave? Contact our specialist immigration solicitors today.