Section 3C leave is the automatic extension of your current UK permission under section 3C of the Immigration Act 1971. It applies if you apply to extend or change your permission before it expires and the Home Office has not decided by then. Your permission and its conditions continue while the application, and any appeal or administrative review, is pending.
Key points
- It only applies to an application made before your current permission expires. An application made after expiry does not give you section 3C leave.
- An invalid application does not extend your leave. If it is rejected as invalid, you may have been without leave since the day your permission expired.
- Your existing conditions carry on, so if you could work before you can usually work now, with the same limits.
- While you hold section 3C leave you cannot make a new application to vary your leave. You can only change the application you already made.
- Section 3C leave ends if you leave the UK, and it can be cancelled if you break a condition or use deception.
How section 3C leave works
Section 3C of the Immigration Act 1971 stops a person who applied on time from becoming an overstayer while they wait for a decision. It applies if four things are true. The person has limited leave to enter or remain. They apply to the Secretary of State to vary that leave. The application is made before the leave expires. And the leave expires without the application having been decided.[1]legislation.gov.uk, Immigration Act 1971, section 3C: Continuation of leave pending variation decision
When that happens, the leave is extended by law. It carries on for as long as the application is neither decided nor withdrawn. It can also carry on while an appeal or an administrative review is possible or pending.[1]legislation.gov.uk, Immigration Act 1971, section 3C: Continuation of leave pending variation decision
Section 3C extends your existing leave. It does not give you a new visa. See leave to remain for the wider term.
When section 3C leave starts, continues and ends
| Situation | What the GOV.UK guidance says |
|---|---|
| In-time application not yet decided | Leave is extended until the application is decided or withdrawn |
| Application made after leave expired | No section 3C leave |
| Application rejected as invalid | No section 3C leave. The person is without leave from the day the earlier leave expired |
| Invalid application corrected within the time allowed | Treated as valid from the date it was first made, so section 3C leave runs from expiry |
| Application refused and in-country appeal possible | Leave continues while an appeal could be brought. It ends 14 days after the decision is sent if no appeal is lodged |
| Appeal pending | Leave continues until the appeal is finally determined |
| Application refused and administrative review possible | Leave continues while a review could be sought or is pending. The time limit is 14 days, or 7 days in detention |
| Applicant leaves the UK | Section 3C leave ends |
| Application withdrawn | Section 3C leave ends |
These points come from the section 3C guidance for Home Office staff and the Act itself.[1]legislation.gov.uk, Immigration Act 1971, section 3C: Continuation of leave pending variation decision[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
If the Home Office writes to say an application is invalid and fees have been paid, there is a single chance to correct it. The person is given 10 working days to respond.[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance Having a right to appeal or to ask for a review does not by itself give section 3C leave to a person who did not already have it.[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
See administrative review for what a review is and when it is available.
Conditions, work and renting
A person on section 3C leave stays subject to the conditions of their existing leave. GOV.UK gives the example of someone allowed to work: they may continue to work as before, and limits on the type of work or number of hours still apply.[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
On renting, the Home Office landlord guide says a person who makes an in-time application may have their existing permission and associated rights extended by section 3C. If the occupier holds an eVisa, the landlord asks for a share code and uses the Home Office online service. If that cannot confirm the right to rent, the landlord can use the Landlord Checking Service.[4]UK Visas and Immigration and Home Office, Landlord's guide to right to rent checks: 1 October 2026 See right to rent check.
Cancellation
Section 3C leave may be cancelled if the person has failed to comply with a condition attached to the leave, or has used or uses deception in seeking leave to remain, whether successfully or not.[1]legislation.gov.uk, Immigration Act 1971, section 3C: Continuation of leave pending variation decision The power is discretionary. GOV.UK guidance says caseworkers must not cancel automatically and must consider all relevant circumstances.[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance The guidance also says section 3C leave cannot be cancelled for any other reason.[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
Example
Tomasz has permission that expires on 11 April. He submits a valid application to extend it on 10 April. On 11 April the Home Office has not decided it. His permission is extended by section 3C from 12 April, and the conditions of his existing leave continue.
His colleague Mira has permission that expires on 21 March. She submits an extension application on 21 March, but mandatory documents are missing. If the Home Office gives her the chance to send them and she does so on 28 March, the application counts as valid from 21 March, and section 3C leave runs from 22 March. If she does not send them and it is rejected as invalid on 30 March, she has been without leave since 22 March. These follow the examples GOV.UK uses to explain how section 3C works.[2]UK Visas and Immigration, 3C and 3D leave: caseworker guidance
What people get wrong
Many people think that any application made around the time their visa ends will protect them. Section 3C only protects an in-time, valid application. An application made after the leave has expired, or one rejected as invalid, gives no section 3C leave.
A second mistake is thinking an overstayer who applies within 14 days has section 3C leave. They do not. The Home Office guidance says an applicant without valid permission at the point they apply continues to be an overstayer while the application is pending, and has no permission to work, privately rent or access benefits.[3]UK Visas and Immigration, Applications from overstayers: caseworker guidance See overstaying.
A third mistake is making a second application while the first is pending. Section 3C(4) says a person may not apply to vary their leave while it is extended by section 3C.[1]legislation.gov.uk, Immigration Act 1971, section 3C: Continuation of leave pending variation decision
The bottom line
Section 3C leave is a legal extension of your existing permission. It protects an in-time, valid application, and it can continue through an appeal or administrative review. It ends if you leave the UK, if the application is withdrawn or if the time limits for challenging a refusal pass. It can be cancelled for a breach of conditions or deception. Dates matter, so check the day your permission ends and the day the application is made.
Common questions
No. GOV.UK guidance says section 3C does not extend leave where the application is made after the applicant's current leave has expired. The person is then an overstayer from the day the leave ended.
Your existing conditions continue. GOV.UK gives the example of a person whose conditions allowed work: they may continue to work as before, and any limits on the type of work or hours still apply.
No. Section 3C(4) says you may not apply to vary your leave while it is extended by section 3C. You can change the application you already made before it is decided.
Section 3C leave can continue while an in-country appeal or administrative review could be brought or is pending. If you do not appeal or ask for a review in time, it ends when that time limit ends.
An invalid application does not extend leave. If the Home Office gives one chance to fix it and you do, the application counts as valid from the date it was first made. If you do not, you were without leave from expiry.
Sources
We cite the Immigration Rules, legislation and GOV.UK guidance directly. Rules change, so each source shows the date we last checked it.
- legislation.gov.uk. Immigration Act 1971, section 3C: Continuation of leave pending variation decision. Checked 11 November 2026. ↩
- UK Visas and Immigration. 3C and 3D leave: caseworker guidance. Checked 11 November 2026. ↩
- UK Visas and Immigration. Applications from overstayers: caseworker guidance. Checked 11 November 2026. ↩
- UK Visas and Immigration and Home Office. Landlord's guide to right to rent checks: 1 October 2026. Checked 11 November 2026. ↩