Alex Piletska writes new briefing notes on how 3C leave works for Free Movement

29 October 2026

When a migrant applies to extend their permission before it expires, their existing leave does not simply lapse while they wait for a Home Office decision.

Under section 3C of the Immigration Act 1971, it continues on the same conditions until the application is decided, and while any appeal or administrative review is pending.

In her latest practice briefing for immigration lawyers publication Free Movement, Senior Associate Alex Piletska explains how section 3C leave works, when it arises and when it comes to an end.

For practitioners, getting this right is essential. It determines whether a client remains lawfully in the UK, can continue working and avoids the serious consequences of overstaying.

“If a migrant makes a valid application to extend their leave (permission) to be in the UK before it expires, their existing leave will be rolled over until the Home Office makes a decision on the application, even if this is after the original expiry date,” explains Alex. “This is commonly known as ‘section 3C leave’, because it is in section 3C of the Immigration Act 1971. Section 3C leave is one of the most important concepts in our immigration system. It protects a migrant’s right to work and rent while they await a decision on an extension or switching application and ensures continuity of legal residence between grants of permission.”