Section 3C leave is a provision in UK immigration law that protects a visa holder’s right to stay and work in the UK while a valid new visa application is being considered - as long as it was submitted before the current visa expired.
📌 What is Section 3C Leave?
Section 3C leave allows a person to remain in the UK legally after their visa expiry date if:
They are in the UK.
They submit a valid visa application before their current visa expires.
They are still waiting for a Home Office decision.
While on Section 3C leave, their existing visa conditions remain the same, including the right to work (if granted under the original visa).
📅 Why is it Important?
For Skilled Worker visa holders, Section 3C leave:
Prevents them from becoming overstayers while awaiting a decision.
Allows them to continue working legally under their existing visa conditions.
Maintains their lawful immigration status until a decision is made (or any appeal/administrative review is completed).
✅ Rights Under Section 3C Leave
While on Section 3C leave, the individual can:
Stay in the UK legally.
Continue working if their current visa allows it.
Keep the same visa conditions until their application outcome.
❌ Restrictions
Travel: Leaving the UK ends Section 3C leave immediately and withdraws the pending application.
Late applications: If the new application is submitted after the visa expiry date, Section 3C leave does not apply.
Refusal with no appeal: If the application is refused and no valid appeal or review is submitted, Section 3C leave ends.
📄 What Happens if the Application is Refused?
Refusal: Section 3C leave ends on the date of refusal unless the person has the right to appeal or seek an administrative review.
Appeal or Review Submitted in Time: Section 3C leave continues until the appeal/review is decided.
No Further Action: Section 3C leave ends immediately, and the person must stop working and leave the UK.
📊 Example Scenarios
Scenario | Status | Right to Work | Employer Action |
Timely Application – Applied before expiry | Covered by Section 3C leave | Yes | Continue sponsorship. Monitor status. |
Late Application – Applied after expiry | No Section 3C leave | No | Stop work until new valid leave is granted. |
Refusal + Reapplication/Appeal in Time | Section 3C continues | Yes | Continue sponsorship. Keep records. |
Refusal + No Further Action | Section 3C ends | No | Stop work and report to Home Office. |
📌 Best Practice for Sponsors
Verify timely application: Ensure workers applied before their visa expiry date.
Keep records: Retain proof of application submission (e.g., confirmation email).
Monitor status: Track Home Office updates and appeal/reapplication deadlines.
Act on refusals quickly: Confirm if the worker will appeal/reapply within the allowed time.
Avoid non-compliance: Do not allow work if Section 3C leave has ended.
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