Last year, the charity RAMFEL (Refugee and Migrant Forum Essex and London) won a landmark judicial review on the Section 3C leave policy. The court found that the Home Office was acting unlawfully in its failure to provide proof of immigration status to thousands of migrants in the UK.

Section 3C leave is an automatic form of immigration status which applies to a person once they have made an in-time application to extend their visa, or submitted an in-time application for a fee waiver. It is designed to ensure that a person’s rights and entitlements will continue to apply under the same conditions as their previous grant of leave. Section 3C leave is not formally ‘granted’, but it can be triggered by making an in-time application. 

The problem

Since the win, many employees on Section 3C leave have been wrongfully suspended due to confusion about their right to work, because there is no physical or digital proof of Section 3C leave. 

This is wrong. Having Section 3C leave should not affect your ability to continue working, or apply for a job.

As a result, RAMFEL have created a simple guide on Section 3C Leave and Employer Responsibilities to address this issue and provide clear guidance for employers.

This guide explains:

• What Section 3C leave is, and how it ensures a person’s right to work.
• How employers can use the Home Office’s Employer Checking Service (ECS) to verify status.
• Why suspensions are unnecessary and how to avoid them.

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