Immigration status and entitlements

Section 3C leave

A person who applies to extend their leave may not get a decision from the Home Office before their current leave expires. Section 3C of the Immigration Act 1971 extends a person’s leave so they remain lawfully present while they wait for a decision. This extended leave is known as ‘section 3C leave’.

When a person has section 3C leave

A person will have section 3C leave when all of the following apply:

• they applied to extend their leave before their previous leave expired
• their previous leave has expired
• they are waiting for a decision on their application

If the application is refused, section 3C leave continues while the person has a pending appeal or administrative review. Section 3C leave will only continue while waiting for an appeal decision if the person submits their appeal in time (within the deadline). If the courts later accept an out‑of‑time appeal, section 3C leave will restart from the date the appeal was lodged.

How section 3c leave affects a person’s rights

While someone has section 3C leave:

• they are lawfully present
• the same conditions on their previous leave continue (for example, permission to work, access to public funds)

However, if a person is on section 3C leave because their application has been refused and they are appealing, they will be subject to immigration control and will not have recourse to public funds.

This means someone who previously qualified for benefits while their application was pending may no longer qualify for benefits during the appeal stage.

See the Home Office guidance on section 3C leave for more information.