Can I work while my visa application is being considered?

If you have a visa which is about to expire, and submit a new application inside the UK before this visa expires, Section 3C leave (of the Immigration Act 1971) “extends” your previous visa for as long as it takes to make a decision.It does not matter if your visa expires and you have not heard from the Home Office (UK Visas and Immigration) – because you applied on time. In this case your status remains the same as before, with the same conditions, including the rights to work. 

Section 3C of the Immigration Act 1971 is an important provision for any migrant in the UK. This section allows a person who has submitted an in-time application to extend their stay in the UK (i.e. if they submit their application before their leave expires) not to become an overstayer while their application remains outstanding. This means that if an individual submits an application when they have leave to remain, and the Home Office do not make a decision on that application until after their leave would have expired, their leave is  automatically extended with the same conditions. This means that people do not become temporary overstayers while their applications are outstanding and they do not lose their right to work (if they previously had one). Periods of time spent with leave extended by s3C also count towards continuous long residence for the purpose of settlement. 

However, depending on what happens after the application is submitted, it can be complicated to work out the date on which someone’s leave actually ends. This has been further complicated by changes brought in by the Immigration Act 2014. This can be important for someone who has been unsuccessful in their application and they want to submit a fresh application within 28 days of becoming an over-stayer or someone who wants to leave the UK within 90 days of becoming an over-stayer to avoid a ban from the UK.