Can I stay in the UK if my visa expires while my extension application is pending?

Checked on 2026-10-25

Yes, if you applied before your leave expired. Section 3C of the Immigration Act 1971 extends your leave while the application is undecided, and while an in-country appeal or administrative review can be brought or is pending. The extended leave lapses if you leave the UK, and you can't make a new application meanwhile, only vary the pending one.

Key facts

What	The law says	Source
Condition	You had limited leave, applied to vary (extend or switch) it before it expired, and it expired before a decision	Immigration Act 1971, s. 3C(1)
How long the leave continues	While the application is undecided and not withdrawn	s. 3C(2)(a)
After a refusal	Also while an appeal under s. 82(1) of the Nationality, Immigration and Asylum Act 2002 can be brought from inside the UK or is pending, and while an administrative review can be sought or is pending	s. 3C(2)(b)–(d)
Leaving the UK	The extended leave lapses	s. 3C(3)
Cancellation	Possible if you breach a condition of your leave or used deception	s. 3C(3A); Immigration Rules, SUI 11.8
New applications	You may not make a new application while on 3C leave, but you may vary the pending one	s. 3C(4)–(5)
UKVI’s guidance	You can stay until you get a decision, as long as you applied before your last visa expired	GOV.UK, Visa processing times: applications inside the UK

How 3C leave works

The law says that if you apply to vary your leave before it runs out and the Home Office hasn’t decided by the expiry date, your leave is extended by section 3C. UKVI’s own guidance puts it plainly: you can stay in the UK until you’ve been given a decision, as long as you applied before your last visa expired.

The extension lasts while the application is pending. If it’s refused, it continues while you can still bring an in-country appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 or ask for an administrative review, and while that appeal or review is pending. Late appeals with permission don’t count (s. 3C(2)(b)).

What ends it early

Leaving the UK ends 3C leave: the Act says it lapses if the applicant leaves. It can also be cancelled if you fail to comply with a condition attached to your leave or used deception in seeking leave to remain (s. 3C(3A)); the Immigration Rules repeat that permission extended under section 3C may be cancelled for breaching its conditions (SUI 11.8).

One application at a time

While you’re on 3C leave you can’t lodge a second application to vary your leave (s. 3C(4)). You can, however, vary the application that’s already pending (s. 3C(5)).

If the application is refused

The Immigration Rules don’t treat you as an overstayer if your next application is made after a previous in-time application was refused or rejected, and within 14 days of the refusal or rejection, of your 3C leave ending, of the deadline for an in-time administrative review or appeal, or of that review or appeal ending (SUI 13.1(b)).

How long the decision takes: see UKVI’s published processing times for applications inside the UK.

Sources

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.