Ensure your workers are eligible to work in the UK

Section 3C leave allows individuals to remain in the UK while awaiting a decision on their visa extension application. This status is also referred to as Section 3C of the Immigration Act 1971.

When is an individual eligible for section 3C leave?

Section 3C leave is automatically granted when an individual submits an application to extend their UK leave to remain before their current permission expires (i.e., an "in-time" application).

Section 3C leave ensures their immigration status continues under the same conditions until a Home Office decision is made on their application. Due to processing times, an employee can wait for up to 12 months for a decision.

The employee will not receive a formal notification of their 3C leave status, but their right to work remains valid.

How to check an employees right to work

If an individual with 3C leave cannot obtain a share code to demonstrate their right to work, you can conduct a manual right-to-work check using the Home Office's Employer Checking Service (ECS).

You have 28 days to complete the ECS check. However, it's recommended that you use the ECS to confirm their continuing right to work as soon as you are aware the employee has 3C leave.

You are legally allowed to employ someone while awaiting the result, provided they have presented evidence that they made a valid, in-time application for further leave to remain. This will usually be an automated email from the Home Office confirming receipt of their application.

Provided the date of the email is earlier than the expiry date of the employee's previous leave to remain, their application is in-time.

ECS results can take up to seven days to process but may be longer during busy periods. You can continue to employ the person while awaiting confirmation.

What is considered a valid immigration application?

A valid immigration application can include:

• Visa extension applications made before the current visa expires.
• Indefinite Leave to Remain applications made before the current visa expires.
• Fee waiver applications made before the current visa expires if the individual cannot afford the application fee.

As long as the employee has made a valid application, their section 3C leave will continue and they can keep working until their application is processed. The Home Office acknowledges all applications with an automated email. The key thing to note is the date of the email i.e., the date of the person’s application.

Avoid unnecessary suspensions under section 3C leave

You should provide an employee with reasonable opportunity to prove that they continue to have a right to work. An employer should not suspend an employee on 3C leave without doing an ECS check. Provided the employee has evidence of submitting an in-time application and you have a positive ECS result, they may continue working.  You only need to take action if the ECS check returns a negative result.

Further help

Read the employer’s guide to right to work checks.

You can contact the Home Office’s Employer Enquiry helpline on Tel 0300 790 6268 or email businesshelpdesk@homeoffice.gov.uk.