The United Kingdom has introduced two rule changes that narrow the use of section 3C leave, with effect from 8 October. The changes affect people who have submitted an immigration application before their current leave expires and are waiting for a Home Office decision.

Section 3C of the Immigration Act 1971 exists to make sure that a person who submits an application before their leave expires does not become an overstayer simply because the Home Office has not yet got round to deciding it. Applicants cannot control how long the Home Office takes to make a decision, and section 3C leave bridges that gap by extending a person's existing leave automatically while the application is pending.

From 8 October, two rule changes will restrict the circumstances in which this protection applies. The effect is that some applicants whose leave would previously have continued under section 3C while they waited for a decision may now find that the provision no longer covers their situation in the same way.

Anyone with an application in progress, or planning to apply to extend their stay, should check the current Immigration Rules and official Home Office guidance to confirm how section 3C leave applies to their case. The changes take effect on 8 October, and the official rules published by the Home Office set out the full detail of who is affected and which steps change.