Section 3C leave is an essential protection under UK immigration law that allows you to remain legally in the UK while your visa application is being processed. This comprehensive guide explains what 3C leave means, how it works under the Immigration Act 1971, how to prove your status, and your rights to work and rent while awaiting a decision.
What is Section 3C Leave? Understanding 3C Leave UK
Section 3C leave is a statutory protection that automatically extends your existing immigration permission when you apply to vary or extend your visa before your current leave expires. This provision ensures you do not become an overstayer while the Home Office processes your application, maintaining your lawful status in the UK throughout the waiting period.
The term "3C leave" comes from Section 3C of the Immigration Act 1971, which establishes this legal protection. For detailed official guidance, refer to the Home Office 3C and 3D leave guidance.
Section 3C of the Immigration Act 1971
Section 3C of the Immigration Act 1971 provides the legal basis for continuation of leave. It states that when a person with limited leave applies for variation before their leave expires, their existing leave continues until the application is decided, withdrawn, or any appeal or administrative review is concluded.
The Immigration Act 1971 is the primary legislation governing immigration control in the UK. Section 3C was inserted by the Immigration and Asylum Act 1999 and subsequently amended to provide clearer protections for applicants awaiting decisions on their visa applications.
Legal Framework Under Section 3C
Under Section 3C of the Immigration Act 1971, your leave is extended in the following circumstances:
- In-time application: You applied to vary your leave before your current leave expired
- Pending decision: Your leave continues while the Home Office considers your application
- Appeal period: If refused, leave continues during the period when you could appeal
- During appeal: Leave continues while an appeal or administrative review is pending
- Same conditions: Your leave continues on the same terms as your previous permission
How to Prove Section 3C Leave
To prove Section 3C leave, you need evidence that you applied in-time (before your previous leave expired) and that your application is still pending. Key documents include your Certificate of Application (CoA), previous BRP/visa, application submission confirmation, and proof your application was submitted before expiry.
Proving your Section 3C leave status is essential for maintaining your right to work, right to rent, and access to services. Employers, landlords, and service providers may need to verify your immigration status, so having the correct documentation is crucial.
Documents to Prove 3C Leave
- Certificate of Application (CoA): Issued by the Home Office confirming your pending application
- Previous BRP or visa: Shows your previous leave and expiry date
- Application confirmation: Email or receipt showing when you submitted your application
- Bank statement: Showing payment to Home Office before expiry date
- Positive Verification Notice (PVN): From the Employer Checking Service
Employer and Landlord Verification
If your BRP has expired and you are on Section 3C leave, employers and landlords can verify your status through:
- Employer Checking Service (ECS): Employers can request verification of your right to work
- Landlord Checking Service (LCS): Landlords can verify your right to rent
Section 3C Leave Right to Work
If your previous visa allowed you to work, you retain your Section 3C leave right to work under the same conditions while your application is pending. You cannot gain new work rights through 3C leave—it only continues your existing permissions. Employers can verify your right to work through the Employer Checking Service.
Understanding your Section 3C leave right to work is essential for both employees and employers. Your work rights continue exactly as they were under your previous visa, including any restrictions on hours or type of employment.
Employer Responsibilities
Employers must conduct right to work checks. When an employee is on Section 3C leave:
- Use the Employer Checking Service: To obtain a Positive Verification Notice
- Retain evidence: Keep the PVN as proof of your statutory excuse
- Follow-up checks: Conduct repeat checks every 6 months if the application remains pending
- Same conditions apply: Employees cannot take on new roles outside their previous visa conditions
For more on work visas, see our guide on Skilled Worker visa requirements.
Right to Rent Under Section 3C Leave
You retain your right to rent under Section 3C leave if your previous visa permitted private renting. Landlords can verify your status through the Home Office's Landlord Checking Service, which will confirm whether you have a time-limited or continuous right to rent while your application is pending.
Under right to rent legislation, landlords must verify that tenants have the legal right to rent in the UK. If you are on Section 3C leave with an expired BRP, your landlord can use the Landlord Checking Service to confirm your status.
Landlord Verification Process
- Request a check: Landlord submits request to the Landlord Checking Service
- Home Office response: Typically responds within 2 working days
- Positive response: Confirms right to rent and provides statutory excuse
- Follow-up checks: May be required every 12 months if application remains pending
Conditions and Restrictions Under Section 3C Leave
Section 3C leave continues your previous visa conditions exactly—including any restrictions on work, study, or access to public funds. You cannot gain new rights through 3C leave, and you must continue to comply with all conditions that applied to your original visa.
Understanding the conditions attached to your Section 3C leave is essential to avoid breaching immigration rules. Any breach could result in curtailment of leave or affect your application.
Key Conditions That Continue
- Work restrictions: Any limits on hours or type of employment continue
- No public funds: If your previous visa had this condition, it continues
- Reporting requirements: Any police registration or reporting conditions continue
- Study restrictions: Any limits on study continue
Travel Restrictions Under Section 3C Leave
Leaving the UK while on Section 3C leave typically terminates your leave, and you may not be able to re-enter without a valid visa. This is one of the most important restrictions to understand—international travel should generally be avoided until your application is decided.
One of the most significant restrictions of Section 3C leave relates to international travel. Unlike domestic travel within the UK, which is unrestricted, leaving the country can have serious consequences for your immigration status.
What Happens If You Leave the UK
- Leave terminates: Your Section 3C leave ends when you depart the UK
- Re-entry requires visa: You will need a valid entry clearance to return
- Application may be withdrawn: Some applications are treated as withdrawn upon departure
- Appeal implications: Leaving may affect pending appeals
In emergencies, consult with an immigration solicitor before traveling. Some circumstances may allow for travel with advance planning, but this requires careful legal advice. For information about re-entry issues, see our guide on UK re-entry bans.
Section 3C Leave During Appeals and Administrative Reviews
Section 3C leave continues during the period when you can lodge an appeal or administrative review, and while such proceedings are pending. If your application is refused, your leave continues until the deadline for challenging the decision passes or until your challenge is finally determined.
Understanding how Section 3C leave interacts with appeals and administrative reviews is crucial for maintaining your legal status after a refusal.
How 3C Leave Continues
For more information on challenging decisions, see our guides on UK immigration appeals and judicial review.
- Section 3C leave is automatic when you apply in-time to extend or vary your visa
- Your previous visa conditions continue exactly—no new rights are granted
- Use the Employer/Landlord Checking Services to verify your status
- Avoid international travel while on 3C leave—it typically terminates your leave
- 3C leave continues during appeals and administrative reviews
Frequently Asked Questions About Section 3C Leave
What is 3C leave in the UK?
Section 3C leave is a statutory protection under the Immigration Act 1971 that automatically extends your existing visa when you apply to extend or vary it before your current leave expires. It ensures you remain legally in the UK while your application is processed, continuing your previous visa conditions until a final decision is made.
What does 3C leave mean?
The term "3C leave" refers to Section 3C of the Immigration Act 1971. It means your existing immigration permission automatically continues when you submit an in-time application to extend or vary your visa. Your leave continues on the same terms and conditions until a decision is made on your application, including any appeals.
How do I prove I have Section 3C leave?
To prove Section 3C leave, you need your Certificate of Application (CoA), your previous BRP or visa showing your leave and expiry date, and evidence that your application was submitted before expiry (such as the confirmation email or payment receipt). Employers and landlords can verify your status through the Employer or Landlord Checking Services.
Can I work on Section 3C leave?
Yes, if your previous visa allowed you to work, you can continue working under the same conditions while on Section 3C leave. Your employer can verify your right to work through the Employer Checking Service. However, you cannot gain new work rights—you must work within your previous visa conditions.
Can I travel abroad on Section 3C leave?
No, you should not travel abroad while on Section 3C leave. Leaving the UK typically terminates your 3C leave, and you may not be able to re-enter without a valid visa. Your pending application could also be affected. Only travel in genuine emergencies after seeking legal advice.
What happens to 3C leave if my application is refused?
If your application is refused, your Section 3C leave continues during the period when you can appeal or apply for administrative review. If you lodge an appeal or review, your leave continues until a final decision is made. If you do not challenge the decision within the deadline, your 3C leave ends.
Does Section 3C leave apply to entry clearance applications?
No, Section 3C leave only applies to applications made while you are in the UK with existing leave. It does not apply to entry clearance applications made from outside the UK. You must already have valid leave in the UK and apply to extend or vary that leave before it expires.
Can I access public funds on Section 3C leave?
Your access to public funds on Section 3C leave depends on your previous visa conditions. If your previous visa had "no recourse to public funds" (NRPF), this condition continues. Section 3C leave does not change your conditions—it only continues them until a decision is made on your new application.