What is 3C leave?

Where an individual submits an application to extend or vary their leave to be in the UK before their existing leave expires (a so-called in-time application), and the application is pending when the leave does expire, section 3C of the Immigration Act 1971 extends the individual’s leave until the application is decided.

What is the purpose of section 3C leave?

3C leave prevents an individual who makes an in-time application to extend their leave from becoming an illegal overstayer. They will be legally permitted to remain in the UK and live and work (if they were permitted to work previously) whilst they are awaiting a decision on their application. 3C leave also applies if the individual is awaiting a decision on any appeal or administrative review.

An in-time application assumes that the individual held valid leave to enter or remain when they made their application for extension or variation of that leave.

The new in-time application must also be valid for section 3C leave to apply. This means that the applicant must satisfy the correct general procedural requirements, as well as all procedural requirements specific to the route under which they are applying, when submitting an extension or variation of their leave.

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