What is Section 3C? If I apply to extend or for ILR before my visa expires, do my right to stay and work continue?

Who does this apply to?

• This is general information. It does not assess anyone's personal situation and does not answer "do I have 3C". It is based on the GOV.UK "3C and 3D leave" guidance (latest version dated August 2023).

What does Section 3C do?

• Section 3C of the Immigration Act 1971 continues lawful stay for someone with limited leave. Its purpose is that a person who applies in time does not become an overstayer while waiting for a decision.
• According to the guidance the conditions are: you have limited leave, you applied to vary it before it expired (extension, change of route or ILR), your leave will expire before the application is decided, and the application has been neither decided nor withdrawn.
• If the conditions are met, leave continues until the application is decided. If it is granted, 3C ends when the new leave begins. If refused, it can continue to the end of any appeal or administrative review.
• For employers, the right to work of a worker on 3C leave remains valid; the person may not get a separate notification.

Fee waiver change from 8 October 2026

• According to a law firm summary, Statement of Changes HC 584, in force from 8 October 2026, affects applications that follow a fee waiver request: if the fee waiver request is made for one route and the application is made on a different route, the application date is the day you actually submit it. That can decide whether 3C applies.
• This comes from a secondary source, not the official GOV.UK text. Check it, and the current rule on GOV.UK, before you apply.

Situations asked about in groups

• Questions like "I applied to extend before expiry, then applied for ILR before the result and was refused; now I am in the 14-day period, what do I do?" are common. Such cases are individual: whether 3C still applies, which application is pending and which route is chosen depend on the file. Do not decide on general information.
• In a situation like that, you may face deadlines of only a few days, so reaching a registered immigration adviser straight away matters.

Points to watch

• For someone with a pending application, travelling abroad can affect the outcome. Check the official page or an adviser before you go.
• Official pages change. This post is a general summary.

What can you do?

• Read the 3C and 3D leave guidance.
• For personal immigration questions, find a registered adviser: GOV.UK: Find an immigration adviser. Money paid to an unregulated adviser cannot be recovered.