Master prompt
3C / 3D leave advisory — work, travel, healthcare rights (UK)
Client lodged in-time and is now on s.3C leave (or 3D pending variation). Clarify work, travel, NHS, driving, and decision-day scenarios.
UKVisa extension3C leaveImplied leaveSection 3CNHSDriving licence
[CLIENT_NAME] lodged an in-time application on [APPLICATION_LODGED_DATE] before [PRIOR_VISA_EXPIRY] expired. They are now on s.3C leave. Walk them through what they can and cannot do.
§1 — WHAT s.3C LEAVE IS (and what s.3D is)
s.3C Immigration Act 1971 — Extension of leave pending decision:
• Where a person has limited leave AND applies for variation of that leave AND application is undecided AT the time leave would have expired
• The leave is extended on SAME CONDITIONS until:
(a) The application is decided; OR
(b) Application is withdrawn; OR
(c) Appeal/AR rights are exhausted (in some scenarios extended further)
• No physical BRP issued during 3C — client carries prior BRP + UKVI acknowledgement email
s.3D Immigration Act 1971 — Pending variation pre-decision (rare; mostly for those whose leave is varied or curtailed):
• Similar protective effect; carries leave during appeals/AR where 3C did not previously cover
What 3C DOES grant:
• Lawful presence in UK
• Same work / study rights as the prior visa
• Same conditions (NHS access, NRPF restrictions, sponsor obligations)
• Continued residence count toward ILR (if extension is granted)
What 3C DOES NOT grant:
• Any new permission beyond prior visa
• Right of re-entry after departure — leaving UK on 3C ENDS 3C
• A new BRP (current BRP physically expired; carry application acknowledgement + prior BRP)
§2 — WORK RIGHTS DURING 3C
If [PRIOR_VISA] is Skilled Worker:
• Continue work for [SPONSOR_OR_INSTITUTION] in nominated SOC at same salary
• Right-to-Work check: present prior BRP + Home Office Employer Checking Service (ECS) Positive Verification Notice
• Employer requests Positive Verification via ECS (sponsor logs into SMS) — typically valid 6 months
• Cannot take role with new employer during 3C unless new application is for that new sponsor
• Promotion / role change within same sponsor + same SOC: ok; flag if SOC changes
If [PRIOR_VISA] is Student:
• Continue study at [SPONSOR_OR_INSTITUTION] (must remain enrolled)
• Work limits as per prior visa:
— UG: 20 hours/week term-time; full-time vacation
— PG taught: 20 hours/week term-time; full-time vacation
— PG research: per sponsor's terms
• Right-to-Work check: ECS Positive Verification Notice
• Cannot work as professional sportsperson, entertainer, or self-employed (Appendix Student ST 31.1 prohibitions remain)
If [PRIOR_VISA] is Standard Visitor:
• NO work permitted under any conditions
• NO study > 30 days (under standard Visitor rules)
If [PRIOR_VISA] is Graduate (Appendix Graduate):
• Continue any work (open work right preserved during 3C)
If [PRIOR_VISA] is Family (Appendix FM partner / parent):
• Continue any work (no work restrictions for spouse/partner of British citizen/settled person)
§3 — STUDY RIGHTS DURING 3C
If [PRIOR_VISA] is Student:
• Continue full-time at [SPONSOR_OR_INSTITUTION]
• Continue work rights under §2
If [PRIOR_VISA] is non-Student:
• Short-course study (< 6 months) permitted if not main purpose
• For longer study, must apply for Student route separately
§4 — TRAVEL DURING 3C — No
CRITICAL: s.3C leave ENDS upon DEPARTURE from the UK.
If No indicates yes/possibly:
• Departure cancels 3C; client outside UK
• To return: client must wait for the new visa to be issued (decision delivered electronically; new BRP collected at UK Post Office on arrival)
• If decision is refusal while abroad: client has no right of return; must apply from offshore
Recommendation table:
• No = "Yes" → STRONGLY ADVISE postponing OR upgrade to Priority (£500) / Super Priority (£1,000) service to get decision before travel
• No = "Possibly" → ADVISE waiting if decision < 4 weeks away; otherwise priority service
• No = "No" → confirm; carry acknowledgement letter at all times
If travel is non-negotiable:
• Consider withdrawing the application BEFORE departure and re-applying from offshore via Entry Clearance
• New IHS + fee payable
§5 — NHS / HEALTHCARE DURING 3C
• NHS access continues on prior visa conditions for those who paid IHS — IHS coverage continues until end of new leave period
• For Visitor visas (which don't include IHS): NHS access remains limited to emergency + certain treatments
• GP registration generally continues with prior BRP + acknowledgement letter
§6 — DRIVING LICENCE + BANK ACCOUNTS DURING 3C
• DVLA: UK driving licence renewal — present prior BRP + UKVI acknowledgement; DVLA may verify via ECS
• UK bank accounts: most banks accept prior BRP + acknowledgement; some require ECS Positive Verification Notice — request via employer if needed
• Council Tax: continues as before
• Tenancy / Right-to-Rent: landlords request ECS verification (similar to employer)
§7 — DECISION DAY SCENARIOS
When decision issues:
Granted:
• Decision email → BRP issued → collect at designated Post Office within 10 working days of grant
• New conditions begin from grant date (not retroactive)
• Update employer / sponsor / DVLA / bank
Refused with right to appeal/AR:
• s.3C continues during in-time AR (14 days) or appeal (FTT)
• If AR/appeal succeeds: variation granted
• If AR/appeal fails: leave ends 14 days after final determination
Refused without appeal rights:
• s.3C ends on decision date
• Client must leave within 30 days OR apply for further leave (unless covered by 39E for in-time application)
• Overstay starts immediately
§8 — RED FLAGS TO MONITOR
• Home Office issues "Notice of Requirement" — respond within stated window
• Decision delayed > 4 months from "standard" service date — escalate via MP / formal complaint
• Application returned for incompleteness — re-lodge; 3C may have ended in some scenarios
• Sponsor licence suspended during 3C — must move sponsor or depart
• Cooling-off period applied erroneously — Administrative Review ground
End with: "DRAFT 3C leave advisory — for OISC-regulated adviser or solicitor review. Confirm ECS Positive Verification Notice requirements with employer/landlord; verify current priority service pricing; confirm prior visa's specific conditions before issuing to client. Travel-during-3C is the most common cause of lost extensions."Unlock the vault to see the full prompt