Part 3C Go away Underneath the Immigration Act 1971

By Alex Ferguson –
Pupil Immigration Barrister

13 Mar 2026

What’s part 3C go away? When does part 3C go away apply? Does part 3C prolong go away to stay within the UK? When and the way does part 3C go away finish? Can part 3C go away be cancelled? These are simply among the questions requested by our shoppers who’re involved about how part 3C of the Immigration Act 1971 could impression on their immigration standing.

1. Understanding Restricted Go away to Stay Underneath UK Immigration Legislation

The time period restricted go away to stay seems simple. Because it says on the tin, migrants are granted permission to remain within the UK for a particular interval, necessitating a specified finish date, which is recorded on their eVisa (and beforehand BRP). If somebody needs to stay within the UK past the expiry of their permission, they might want to submit an software to increase their keep within the UK. Up to now, so simple.

2. Extension Functions Earlier than Visa Expiry and the Path to Settlement

However what occurs when, previous to the expiry of their present go away, somebody submits an software to increase their keep within the UK and the Residence Workplace doesn’t determine the appliance earlier than the expiry of their present go away? 

That is an especially widespread state of affairs. In any case, eligibility for settlement below most routes at present depends on having accomplished a specified time frame within the UK with go away below that route. 

At current, adults with go away below Appendix FM on the Guardian or Accomplice route can be eligible for settlement after having held go away on the route for 60 months constantly (offered they haven’t relied upon distinctive circumstances below GEN.3.2., see additional in our article Distinctive Circumstances in Appendix FM Household Visa Functions). 

Profitable functions for go away to stay below this route will result in a most interval of 30 months of go away. This widespread path to settlement subsequently sometimes includes three functions: an preliminary interval of go away to stay (or enter) of 30 months, adopted by an extension software for an extra 30 months of go away to stay, earlier than making use of for settlement after reaching 60 months of permission. 

As such, making use of lengthy earlier than the expiry of 1’s go away will merely threat being pressured to make an extra immigration software and subsequently pay the related charges (at present £1,321 for the appliance price and £1,035 per 12 months of permission for the Immigration Well being Surcharge) to increase restricted go away and thereby qualify for settlement.

3. Safety from Overstaying: Part 3C Go away and Pending Extension Functions

It’s subsequently generally in a single’s pursuits to use to increase one’s permission near the expiry of 1’s present go away. Moreover, Residence Workplace decision-making is regularly sluggish. The marketed processing occasions whether or not commonplace, precedence or super-priority (12 weeks utilizing the instance above) are by no means assured, some extent which can’t be overemphasised.

Thus many migrants, having complied with all that’s required of them and having submitted an in-time, legitimate software for additional go away to stay, will stay within the UK past the expiry of their present permission whereas they look ahead to the Residence Workplace to determine their new software. With out go away, migrants can be uncovered to the hostile atmosphere and should not legally work or lease.

On this context, to deprive such migrants of those rights would clearly be unfair. Thankfully, Part 3C of the Immigration Act 1971 prevents this cliff-edge. When the related circumstances are met it acts to increase go away by operation of regulation, i.e. mechanically.

This text will deal with Part 3C within the context of immigration functions. An extra article will tackle Part 3C within the context of Appeals, Administrative Opinions and different authorized challenges to refusals.

4. When Part 3C Go away Applies: Authorized Circumstances for Automated Extension

Part 3C mechanically extends a migrant’s go away when the next circumstances are met:

• The particular person has restricted go away to enter or stay within the UK;
• Earlier than their go away expires, they make a sound software to range their go away; and
• Their earlier go away expires earlier than a call is made on their extant software.

5. When Part 3C Does Not Apply: Visa Expiry, Refusals and Pending Appeals

The entire circumstances above have to be glad to interact Part 3C. Accordingly, Part 3C can solely apply to those that at present maintain permission within the UK. The cut-off level is a transparent vivid line. Permission will expire at midnight on the date set out within the Residence Workplace grant letter and recorded on a person’s eVisa. Lacking this deadline will subsequently have critical penalties and be sure that Part 3C doesn’t function to offer for ongoing go away.

Earlier than contemplating what constitutes a sound software, it’s also necessary to notice the ultimate situation above. As set out under, as soon as engaged Part 3C will be sure that go away will final for so long as any enchantment or administrative assessment is pending. Nevertheless, if an software is refused earlier than the expiry of the applicant’s extant go away Part 3C can’t be engaged. 

Due to this fact on this state of affairs even when somebody lodges a sound enchantment or administrative assessment throughout the specified time restrict, the particular person can be left with no immigration permission whereas that enchantment or administrative assessment is pending. It’s subsequently typically prudent to not apply for additional go away to stay till near the expiry of go away to make sure Part 3C is engaged.

6. Legitimate Functions and Part 3C Go away: Paragraph 34 and Appendix-Particular Necessities

The validity necessities for functions for go away to stay are set out in paragraph 34 of the Immigration Guidelines. The redrafting of the Guidelines has led to the introduction of extra, route-specific validity necessities, that are set out within the related Appendix to the Immigration Guidelines. For instance, Appendix Expert Employee features a requirement that an applicant will need to have been issued with a Certificates of Sponsorship within the 3 months previous to the date of software. 

Legitimate functions are addressed intimately in our article How one can Make a Legitimate UK Immigration Software. For the current functions, it’s adequate to notice the next necessities of paragraph 34:

• Functions have to be made utilizing the desired type;
• All necessary sections of the shape have to be accomplished;
• The related software price and Immigration Well being Surcharge will need to have been paid, until a price waiver has been granted;
• Candidates should present proof of identification;
• The place an applicant is below 18, their dad or mum or authorized guardian should present written consent to the appliance; and
• An applicant should present their biometric info and any proof requested by the Secretary of State in assist of their software.

7. The Deemed Date of Software and the Triggering of Part 3C

As is evident from the above, a key consideration within the context of part 3C is the deemed date of software. That is the date on which an applicant submits the related type. So as to take action, the appliance price and Immigration Well being Surcharge have to be paid, until a price waiver has been granted. As soon as a sound software is submitted, it will protect the Applicant’s place and set off part 3C.

8. Biometric Appointments, Supporting Proof and Sustaining Part 3C Safety

The submission of the shape and cost of the related price will not be, nonetheless, the top of the matter. Thereafter, an applicant should present their biometric info ({a photograph} of their face and fingerprints). That is sometimes achieved via attending an appointment at a Visa Software Centre. 

The roll out of the UK ID Examine App is altering this course of and the general coverage goal is that ultimately candidates will solely have to offer their fingerprints as soon as. At current, nonetheless, the app could solely be utilized by these on sure routes, together with Pupil, Graduate and Expert Employee.

The essential level within the context of Part 3C go away is that below the usual process of attending a Visa Software Centre to offer biometrics there is a chance to protect one’s place by submitting the appliance type and paying the related charges. Thereafter, candidates can be invited to guide and attend a biometric appointment. Within the interval between the submission of the shape and the biometric appointment candidates could add their supporting paperwork and any representations to accompany their software.

Alternatively, candidates could convey their supporting paperwork to the Visa Software Centre and have them scanned on the day. The related Residence Workplace steerage confirms that the biometric appointment have to be attended inside 45 working days of the submission of the appliance. This era subsequently gives a possibility to collect additional supporting proof to strengthen the appliance and minimise the chance of refusal. 

There are additional issues, exceptions and nuances that are past the scope of this text. In gentle of the clear significance of submitting a sound software, knowledgeable recommendation is advisable.

9. Variation of Go away and Excellent Functions Underneath Part 3C

Solely functions to range go away will interact Part 3C. Variation on this context consists of functions to increase permission within the UK on the identical route, when switching routes, for instance from Expert Employee to Accomplice, or when various the type of go away, i.e. from restricted to indefinite go away to stay. 

Regardless of the complicated phrases of the statute, it’s doable to range an excellent software for go away to stay whereas on 3C go away. For instance, if an applicant who has made a sound software for additional go away to stay as a Expert Employee, and enjoys Part 3C go away whereas the appliance is pending, completes 10 years’ of steady residence within the UK earlier than the appliance is set, they might apply for indefinite go away to stay below Appendix Lengthy Residence. Aside from functions below Appendix EU, the latter software will extinguish the previous one as it isn’t doable to have a couple of sort of excellent software. Any distinction in charges should be paid.

10. International Expertise Endorsements and Part 3C Danger

An software for an endorsement below Appendix International Expertise alone won’t interact Part 3C, that can require an software for go away to stay below the identical Appendix. Having been issued with an endorsement letter by an accepted physique is a validity requirement of the latter software. Accordingly, while it’s doable to submit each functions concurrently, this dangers the go away to stay software being rejected as invalid if both no determination is made on the endorsement software earlier than the immigration software made or if the endorsement software is unsuccessful.

In both of those eventualities, Part 3C won’t have been engaged and the applicant can be deemed to have been an overstayer from the top of their earlier permission. Early recommendation and preparation is subsequently advisable for these nearing the top of their permission who intend to increase their keep within the UK on the International Expertise route.

11. Payment Waiver Functions and Their Impact on Part 3C Go away

Equally, an software for a Payment Waiver will not be an software for go away and subsequently formally can not interact Part 3C by itself. Nevertheless, paragraph 34G of the Immigration Guidelines states:

(4) the place the web software features a request for a price waiver, the date on which the web request for a price waiver is submitted, so long as the finished software for permission to remain is submitted inside 10 working days of the receipt of the choice on the price waiver software.

In accordance with this Rule, Part 3C will subsequently be deemed to have been engaged offered a sound software is made inside 10 working days of the date of the Payment Waiver determination no matter whether or not it’s constructive or damaging. The related Residence Workplace steerage confirms that within the occasion of refusal of a price waiver, additional requests for a price waiver won’t interact Part 3C. This emphasises the significance of a well-prepared Payment Waiver software within the first occasion. It also needs to be famous that Payment Waivers could solely be utilized for in anticipation of a specified human rights software. 

12. Period of Part 3C Go away

Supplied the circumstances set out above are met, part 3C can be engaged and an applicant will proceed to carry part 3C go away whereas:

• The applying is neither determined or withdrawn;
• An enchantment in opposition to the choice on the appliance might be introduced or is pending;
• An administrative assessment of the choice might be introduced or is pending.

13. Lapse and Cancellation of Part 3C Go away

Part 3C within the context of appeals and different authorized challenges to refusals can be addressed intimately in a future article. 

Along with the decision issues set out above, Part 3C go away will lapse if a person leaves the UK. It’s also necessary to notice that the Secretary of State retains discretion to cancel Part 3C go away if an applicant:

• (a) has did not adjust to a situation connected to the go away; or

• (b) has used or makes use of deception in looking for go away to stay (whether or not efficiently or not).

14. Continuation of Visa Circumstances Underneath Part 3C

Any circumstances connected to an applicant’s present go away will proceed to use whereas they maintain Part 3C go away. This supplies stability and continuity however also can increase dangers. For instance:

• A pupil restricted to twenty hours’ work throughout term-time will stay topic to that restriction.
• A Expert Employee tied to a sponsoring employer should proceed to work just for that sponsor (topic to the supplementary work provisions).
• A Customer can be unable to work.

15. Variation of Circumstances Throughout Part 3C Go away

The Secretary of State retains discretion to range any such circumstances, in the identical approach that she retains discretion to range the circumstances of anybody with restricted go away to stay. Broadly, candidates could sometimes anticipate that no variations within the circumstances of their go away can be made. There are, nonetheless, important exceptions, for instance anybody with a proper to work who claims asylum (which constitutes an software for go away to stay) can anticipate to be disadvantaged of that proper to work.

16. The Central Position of Part 3C in Sustaining Lawful Standing

Part 3C Immigration Act 1971 performs a key function within the UK immigration system. It ensures that candidates who submit legitimate functions on time stay lawfully within the nation till a call is made. Nevertheless, the safety relies on strict compliance with validity necessities and will be misplaced via errors and late submissions.

17. Preserving Lawful Standing and Immigration Data Underneath Part 3C

For candidates, particularly these working in direction of indefinite go away via a interval of unbroken permission and residence or looking for to protect their immigration report for future functions, understanding Part 3C is important. Specialist authorized recommendation is really helpful to safeguard lawful standing and keep away from turning into an overstayer uncovered to the hostile atmosphere and going through obstacles to beat in future functions.

Our immigration barristers present knowledgeable recommendation on in-time functions, Part 3C go away and settlement planning. Contact our group on 0203 617 9173 or full our enquiry type under for tailor-made help to safeguard your immigration place within the UK.

19. Ceaselessly Requested Questions