What is Section 3C leave?
Section 3C leave is a legal provision under the Immigration Act 1971 that automatically extends a person's existing immigration permission while a valid, in-time application is pending with the Home Office. It ensures that sponsored workers do not become overstayers simply because the Home Office has not yet made a decision on their renewal application.
When does Section 3C apply?
Section 3C leave applies when all of the following conditions are met:
The worker had valid leave to remain at the time the application was submitted
The application was submitted before that leave expired
The application is for further leave in the UK (e.g. a Skilled Worker visa renewal)
If these conditions are met, the worker's leave is automatically extended under Section 3C until a decision is made. This includes the right to continue working for their sponsor.
What Section 3C does not cover
Section 3C does not apply if:
The worker's visa expired before the application was submitted. An application submitted even one day after expiry does not benefit from Section 3C protection (though a 14-day discretionary window exists in exceptional circumstances — see below)
The worker withdraws their application
The worker appeals a refusal and the appeal fails
The 14-day grace period
The Home Office has a limited discretion to accept applications submitted up to 14 days after visa expiry, but only where there are compelling and exceptional reasons for the late submission — for example, serious illness or hospitalisation. This is not automatic and should not be relied upon.
Travel during Section 3C leave
Workers must not travel outside the UK while their application is pending and Section 3C leave is in place. Leaving the UK while an application is pending will cause the Home Office to treat the application as withdrawn.
Proving the right to work under Section 3C
Where a worker's visa has expired but they are protected by Section 3C leave, employers must conduct an Employer Checking Service (ECS) check via the Home Office. A Positive Verification Notice (PVN) provides the employer with a statutory excuse for a period of six months.
Where to check: https://www.gov.uk/employee-immigration-employment-status
Section 3C workers and Borderless
From 8 April 2026, Borderless automates a key part of the ECS process for Section 3C workers. When a visa application is submitted through the platform using an undefined Certificate of Sponsorship (which is assigned to workers already in the UK who are switching immigration category), Borderless will automatically send you a notification prompting you to complete an ECS check. This is because workers in this position are typically in Section 3C leave and may not yet be able to generate a share code that reflects their new permission.
You do not need to separately identify that an ECS check is required — the platform flags this for you at the point the visa application is submitted. Once you have submitted your ECS request to the Home Office and received the outcome, you can record the result and upload the Positive Verification Notice directly within Borderless, either through the sponsorship offer flow or via the employment record on the individual's profile. The document sub-type selector lets you classify it as an ECS notice so it is correctly stored for compliance purposes.
Section 3C and pending CoS requests
If a worker's leave is due to expire but a new Certificate of Sponsorship (CoS) has not yet been assigned, the worker can still benefit from Section 3C leave provided their visa extension application is submitted before the current leave expires. Submitting the application is what triggers Section 3C, not the assignment of the CoS. However, the CoS must be assigned before the Home Office makes a decision on the application, so employers should treat a pending CoS request as time critical whenever Section 3C is being relied upon.
What workers cannot do under Section 3C
Section 3C extends the worker's existing permission and right to work, but it does not create new rights. A worker on Section 3C cannot travel outside the UK while the application is pending. Leaving the UK is treated as abandoning the application, and Section 3C leave ends at the point of departure.