Last updated: 2 March 2026
Section 3C leave is an important legal protection. It can keep your immigration status when you apply in time (before your visa expires) and you are waiting for a decision or an appeal.
In reality, this can be confusing especially when you are dealing with employers, landlords, banks or other public services that ask for proof of your immigration status. People are often asked to “prove their status”, but Section 3C leave does not always come with a clear document you can show.
Many people are waiting a long time for Home Office decisions. During this time, it is really important to understand what type of leave you are on, and how to prove and explain it to services. We know from our communities that this confusion around different types of leave (and poor record-keeping) can lead to problems accessing work, housing and benefits, despite the person having a legal right to be in the UK, and their rights and conditions remaining the same as their previous visa.
On this page you will find:
What is Section 3C leave
Section 3C leave is an automatic type of immigration status. It can take effect when someone applies in time to extend their visa (before it expires), or when they submit a fee waiver request in time.
Section 3C is there to stop someone becoming “out of status” while they are waiting for a Home Office decision. It usually means the person can stay in the UK on the same rules as their previous visa. For example, if you had recourse to public funds, the right work or study then this should continue (public funds/benefits are a bit more complicated if you have to appeal, read more here.)
You do not receive a new visa letter that says “Section 3C leave”. It happens automatically if the legal conditions are met. It is called Section 3C because it is in the Immigration Act 1971.
A fee waiver request does not automatically give you Section 3C leave. Section 3C can apply if your visa expires while the Home Office is still deciding your fee waiver request, and you then submit the main visa application the fee waiver was for within 10 working days of getting the fee waiver decision.
In some cases, Section 3C leave can continue after a refusal if you already have Section 3C leave and you have an in-country right of appeal, and you submit your appeal in time. However, benefits can be more complicated during appeals. We explain this more here.
When does Section 3C start?
Section 3C usually starts on the day your visa expires (if you applied in time and no decision had been made by then).
Important: having a right of appeal does not always mean you have Section 3C leave. Section 3C leave usually only starts if your visa expired and the Home Office had not made a decision by that expiry date. If you do not already have Section 3C leave, the fact you have an in-country right of appeal does not automatically give you Section 3C leave.
When does Section 3C leave end?
Section 3C is a temporary status. It lasts only during the “waiting period”, and it can end in a few common situations:
- You get a decision and you don’t challenge it in time:
If the Home Office makes a decision and you have a right to appeal or request administrative review, Section 3C usually continues only until the deadline of that next step. If you do not appeal/request review in time, Section 3C leave usually ends when that deadline ends. (See: Appeals and administrative review for more detail.) - You appeal/request administrative review in time, and it finishes:
If you appeal (or request administrative review) in time, Section 3C can continue while it is ongoing (“pending”). Section 3C usually ends when the appeal/review is finally decided (and any further “in time” steps have ended). (See: Appeals and administrative review for more detail.) - You leave the UK while your case is still ongoing:
Leaving the UK usually ends Section 3C leave. - You withdraw your application (or appeal/review):
If you withdraw the application that Section 3C is based on, Section 3C leave usually ends from the date of withdrawal. - Your application is treated as invalid:
If the Home Office says your application is invalid, they have not accepted it as a proper application (for example, they say it was not made correctly or key steps were missing). This is different from a refusal. With an invalid application, the Home Office treats it as if there was no valid application to extend your leave. In that situation, Section 3C leave may not start, or it may end.
Examples of situations where you will be given section 3c leave
Example 1: In-time application (waiting for a decision)
Marek has a visa that expires on 10 March. He applies to extend his visa on 1 March (before it expires). Marek’s visa expires on 10 March, but because he applied in time, his immigration status can continue automatically under Section 3C leave while he waits for a decision. While Marek is on Section 3C leave, his visa conditions usually stay the same as before. So if his old visa allowed him to work, he can keep working.
If his old visa had work limits (for example, only certain jobs or only a set number of hours), those limits still apply.
Example 2: In-time fee waiver application
Sara has a visa that expires on 10 March. She cannot afford the application fee. She submits a fee waiver request on 1 March (before her visa expires).
If Sara’s visa expires while the Home Office is still deciding the fee waiver request, and Sara then submits the main visa application the fee waiver is for within 10 working days of the fee waiver decision, she will benefit from Section 3C leave during the waiting period.
Example 3: Refusal and appeal (appeal submitted in time)
Amina applies in time, so she has Section 3C leave while she waits. The Home Office refused her application on 20 April. The refusal letter says she can appeal from inside the UK within 14 days. Amina submits her appeal within 14 days. Because she appealed in time, her Section 3C leave can continue while the appeal is waiting to be decided.
Example 4: Section 3C is triggered (waiting for a decision)
Lina’s visa expires on 10 March. She applies to extend her visa on 1 March (before it expires). The Home Office does not make a decision before 10 March. Because Lina applied in time and there is no decision by the expiry date, her leave can continue automatically under Section 3C leave from 10 March, while she waits for a decision.
Examples of situations where you will NOT be given section 3c leave
Section 3C does not extend your leave if you apply after your current visa has already expired or your application is invalid. For example, your application was not completed properly, or the Home Office does not accept it as a valid application.
Example 1: Application made after visa expiry
Marek has a visa that expires on 10 March. He applies to extend his visa on 15 March (after it expires). Because Marek applied late, Section 3C leave does not apply. He cannot rely on Section 3C to keep his status while he waits.
Example 2: Fee waiver request made after visa expiry
Sara has a visa that expires on 10 March. She cannot afford the application fee.
She submits her fee waiver request on 15 March (after her visa expires). Because Sara submitted the fee waiver request late, Section 3C leave does not apply.
Example 3: Refusal but no appeal (or appeal lodged late)
Amina applies in time, so she has Section 3C leave while she waits.
The Home Office refuses her application on 20 April. The refusal letter says she can appeal from inside the UK within 14 days. Amina does not submit an appeal within 14 days (or she submits it late). Because no in-time appeal was lodged, her Section 3C leave ends when the 14-day appeal deadline ends.
Example 4: Home Office refusal before visa expired
Lina’s visa expires on 10 March. She applies on 1 March. The Home Office refuses her on 5 March (before her visa expires). Because a decision was made before 10 March, Section 3C leave may not have started. Even if Lina appeals in time, an in-country right of appeal does not automatically mean she has Section 3C leave.
Conditions of your leave while you have Section 3C
If you have Section 3C leave, you normally keep the same visa conditions as your last visa, unless the Home Office changes them. For example, if your last visa allowed you to work, you can usually keep working. If it had limits (job type or hours), those limits still apply.
The Home Office can sometimes change the conditions of the leave while someone is on Section 3C leave. For example, you may be asked to report to the Home Office.
Proving your Section 3C leave
Section 3C leave is automatic in law, but it can be hard to prove in practice. Your eVisa (or BRP) may show an expiry date that has passed, and you may not receive a new document straight away. Because Home Office decisions can take a long time, it is important to know what is happening with your case: when your leave ends, what deadlines apply, and what you need to submit and when. It also helps to be organised with your documents, so you can show services a timeline of your process. The system can be confusing and hard to navigate, so being prepared can help protect you
Can I prove Section 3C leave using my eVisa?
Sometimes, yes. Some people can log into their UKVI account, generate a share code, and prove their status digitally.
But not everyone can. The Home Office has confirmed that some people’s eVisas may not display their Section 3C leave (for example, where the pending application was made before the eVisa system went live). In these cases, employers and landlords are expected to use the Home Office checking services instead.
When might I be asked to prove my status?
In the UK, many employers and services are required to check immigration status. You may be asked to prove your status when you try to access everyday things like:
- Work (right to work checks)
- Housing (right to rent checks — this scheme applies in England)
- Benefits and public services (for example DWP and local councils)
- NHS charging checks in some situations (secondary care)
- Banks and other financial services (some checks use Home Office information and errors can cause problems)
Action Section: What if my eVisa does not show Section 3C leave?
If your eVisa does not show Section 3C leave, the Home Office guidance is that services and organisations should follow their usual official immigration-status verification route rather than refusing based only on an expiry date.
Here are some steps you can take to be prepared in case you are asked to evidence your Section 3C leave
1. Keep your key documents together (on your phone or email)
- eVisa screenshot(s) and/or BRP (front/back) showing your previous leave and expiry date
- UKVI confirmation email/receipt showing you applied before expiry and your UAN reference
- fee waiver confirmation (if relevant)
- biometrics letter (if relevant)
- refusal letter + appeal receipt / tribunal reference (if relevant)
2. Use the template letter
You may find it helpful to use our template letter to explain Section 3C and provide the key dates (visa expiry date, date you applied, UAN, and appeal details if relevant). This helps services understand what they’re looking at and what to check next.
3. Ask the organisation to use the correct Home Office check
- Employers: use the Employer Checking Service (ECS). Home Office guidance says ECS aims to respond within 5 working days of a valid request.
- Landlords/agents (England): use the Landlord Checking Service (LCS). GOV.UK says you’ll get an answer within 2 working days.
- NHS charging teams: can verify status via the Home Office SVEC route where needed.
The Home Office has explicitly said some people’s eVisa won’t display 3C (older pending applications), and in this case employers/landlords should use ECS/LCS.
If the service refuses/doesn’t accept your Section 3C leave
- Ask the organisation/service to confirm in writing why they are refusing you access and the reasons why they will not accept your evidence of Section 3C.
- Send your Section 3C explanation and key documents reminding them to use the correct Home Office checking service route.
- If they still refuse, use the organisation’s formal complaints process. You can usually find this by searching the organisation name and “complaints procedure” or “make a complaint” (for example: “DWP Universal Credit complaint”, “NHS complaints”, “Leeds City Council complaints”, “Barclays complaints”).
- If the complaint is not resolved, you can often escalate to the Ombudsman. An Ombudsman is an independent service that looks at complaints if an organisation does not fix the problem. There are different Ombudsman’s for different services. Citizen’s Advice has a useful guide on what an Ombudsman is and how to complain to the correct one depending on your situation. You can read this here.
- If you have a problem with a government body (for example the Home Office, DWP, a council, or the NHS), you may want to contact a public law solicitor. A public law solicitor is a lawyer who helps people challenge decisions, or a failure to act, by government bodies. This is when the organisation may have acted unlawfully, unfairly, or in a way that breaches human rights. They may help through complaints, reviews/appeals, or a court process called judicial review. You can learn more from the Public Law Project, which also has useful guides here.
Template letter to explain and evidence Section 3C leave to other services and organisations
Appeals and administrative review
If the Home Office refuses your application, you may have a right to appeal (to a tribunal) or request an administrative review (a Home Office review). Section 3C leave can continue during these steps.
It is important to remember that Section 3C does not always apply just because you can appeal. Having an in-country right of appeal does not automatically mean you have Section 3C leave. Section 3C usually only starts if your visa expired and the Home Office had not made a decision by that expiry date.
When can Section 3C continue after a refusal
Section 3C leave can usually continue after a refusal only if all of these are true:
- You are still within the deadline to appeal or request administrative review, AND
- You submit the appeal / administrative review in time
AND - The appeal / administrative review is still ongoing (it is “pending” and not finally decided).
What happens if I miss a deadline?
As with many steps in the immigration and asylum system, deadlines are important because Section 3C leave is linked to your next “in time” step. If you miss the deadline, Section 3C leave can end when the deadline ends. This can create a gap where employers, landlords, banks or services may treat you as having no valid leave, until the situation is resolved.
If you submit your appeal late and the Tribunal accepts a late appeal, Section 3C leave can sometimes restart, but it usually restarts from the date the late appeal was submitted (not from the date the Tribunal accepted it). This can still leave a gap between the deadline ending and the date the late appeal was lodged.
Getting public funds (benefits) during appeals
Section 3C leave usually means you are still lawfully in the UK while you wait, and your visa conditions normally continue in the same way as your previous visa (for example, work or study rights, and any limits).
But being able to access public funds (benefits) can be different, especially after a refusal. Public funds have their own rules which can change after a refusal.
For example: You have a visa that allows you to claim benefits. You apply to extend your visa before it expires. While you are waiting for the Home Office decision, Section 3C leave can protect your status and you may continue to claim benefits during this waiting period. If the Home Office later refuses your application and you appeal, Section 3C leave can continue while the appeal is ongoing. However, some people find that benefits stop at this stage because benefit rules can treat people differently after a refusal, even if they are still lawfully in the UK under Section 3C.
Action Section: What to do if your benefits have been stopped
If you have an immigration appeal ongoing, benefits can sometimes stop even though you are still lawfully in the UK. If this happens, it is important to act quickly and get the decision checked, because benefit rules and deadlines are separate from your immigration case.These steps may help you if this happens while you are on Section 3C.
1. Find out the reason your benefits have been stopped.
Check your decision letter (or your Universal Credit online account/journal) to see why payments have stopped. If you do not have the letter or it is not clear, send a message in your UC journal/online account and ask for the decision and reasons in writing.
2. If you disagree, challenge the decision (this is not the same as a complaint)
You can ask the Department for Work and Pensions (DWP) to look at the decision again. This is called Mandatory Reconsideration (MR). It is important to do this as soon as possible — usually within 1 month of the decision to stop your benefits. Citizens’ Advice has useful information about how to challenge a benefit decision and mandatory reconsiderations here.
3. If they say it’s because they can’t confirm your immigration status
If a government department cannot confirm status information for benefits/healthcare,, they can seek clarification via the Home Office Status Verification and Enquiries Checking (SVEC) route. You can ask them to do this. (Also send your Section 3C template letter and key documents again.)
When can Section 3C be cancelled?
The Home Office has a power to cancel Section 3C leave, but it is not automatic. It is discretionary (they “may” cancel). The Home Office can only cancel Section 3C leave if they say you broke a condition of your previous leave (for example, working when your visa did not allow work, or breaking work-hour limits), or used deception in an immigration application (for example, false information or false documents).
Home Office guidance says Section 3C leave should not be cancelled automatically. The Home Office should look at the facts and your individual circumstances first.
The guidance also says they should not cancel Section 3C leave just because they have refused your application.
If the Home Office would still grant you leave despite a breach of conditions or alleged deception, the guidance says they should not cancel Section 3C leave.
If Section 3C leave is cancelled, Home Office guidance says it ends immediately. This means you will not have Section 3C leave while an appeal or administrative review is pending, and the conditions linked to your previous leave (for example, the right to work or access to public funds) would no longer apply.