What It Means for Your Immigration Status
Section 3C leave protects people from becoming overstayers while the Home Office processes an application, administrative review or appeal. With the UK moving fully to digital immigration status in 2025 and processing delays becoming more common, understanding Section 3C leave is essential for anyone applying to extend their stay.
This guide explains how Section 3C leave works, who it applies to and what rights you keep while waiting for a decision.
What Is Section 3C Leave?
Section 3C of the Immigration Act 1971 automatically extends a person’s existing visa conditions when they apply to extend their visa before it expires. This means they remain lawfully in the UK until the Home Office makes a decision. Section 3C leave also continues if the applicant has an in-time administrative review or appeal.
The purpose of Section 3C leave is to prevent people from becoming overstayers simply because the Home Office has not made a decision in time. It is a safeguard for lawful residents who submit applications correctly.
When Section 3C Leave Applies
You are protected by Section 3C leave if:
You apply to extend your visa before your current visa expires.
Your application is still awaiting a decision.
Your administrative review or appeal has not been completed.
You remain in the UK during the process.
The Home Office does not need to confirm that you are on Section 3C leave. It applies automatically as long as the application was valid and submitted in time.
Your Rights on Section 3C Leave in 2025
While on Section 3C leave, you keep the same conditions as your previous visa. For most people, this means:
You can continue to work if your previous visa allowed it.
You can continue to rent property.
You can remain in the UK lawfully.
You keep access to services tied to your visa category.
Restrictions also continue. For example, if your original visa did not permit work or study, Section 3C leave will not change this.
The Impact of Digital Status in 2025
The Home Office’s digital eVisa system is now the main method of proving immigration status. Some applicants may not receive a BRP and must rely on the online status checker. In some cases, digital profiles are not updated immediately and may still show an expired visa. This does not mean you are unlawful. Section 3C leave still applies if your application was submitted in time.
Employers and landlords can use the Home Office online checking service to confirm lawful status while Section 3C leave is active.
When Section 3C Leave Ends
Section 3C leave ends if any of the following happen:
Your application is refused and you have no right of appeal or review.
Your administrative review or appeal is completed.
You withdraw your application.
You leave the UK voluntarily.
Leaving the UK automatically ends Section 3C leave. Travelling while waiting for a decision will usually void the application.
Why Section 3C Leave Matters in 2025
Processing times have increased since the October 2025 rule changes, especially for Skilled Worker visa extensions, family routes and applications where additional checks are needed. Section 3C leave ensures your lawful status does not end because of delays outside your control.
It also protects your rights to work and rent while your application is pending. Without Section 3C leave, people could fall into unlawful status unintentionally, affecting future applications or settlement.
Common Issues People Face on Section 3C Leave
Applicants often experience the following:
Difficulty proving status to employers due to outdated BRPs.
Confusion when digital status pages still display an old expiry date.
Delays updating Right to Work checks.
Concerns about accessing healthcare or travel.
Most of these issues can be resolved with the Home Office online checking service or employer guidance.
When You Should Seek Legal Advice
Legal advice may be needed if:
Your application is refused and you want to appeal.
The Home Office says your application was invalid.
Your employer is unsure about your right to work.
You are worried your leave has ended.
You receive conflicting information about digital status.
A solicitor can review timelines, correspondence and application records to confirm whether Section 3C leave applies.
How Hi Solicitors Can Help
We assist with visa extensions, right to work issues, appeals, and advice on immigration status during Section 3C leave. Our team ensures applications are submitted correctly and on time, reducing the risk of unlawful status.
Frequently Asked Questions
Can I travel while on Section 3C leave? No. Travel ends the protection and cancels the pending application.
Does Section 3C leave protect my right to work? Yes, if your previous visa allowed work.
What if my application is refused? You may have rights to appeal or request administrative review.
Do I need a solicitor? Section 3C leave can be complex, especially if there is doubt about dates or validity. Legal advice helps avoid mistakes.
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