Your Right to Work while waiting for a Visa Application

When you are nearing the expiry date of your visa, your employer may request for proof that you can continue working lawfully.

Many clients, after submitting and waiting for a UK visa application or extension, have explained the fear of losing their jobs if they are unable to produce a new Visa or Home Office letter proving permission to work immediately.

The increased Home Office civil and criminal penalties for employers and employees who are caught to be involved with Illegal working have inevitably caused most companies to be very cautious when hiring or retaining migrant workers.

These are reasonable grounds to worry about getting into a similar situation while you are waiting for, or in the application stages of applying for a new Visa.

Can I Work While Waiting For A Visa Application?

In simple terms, the Immigration Rules state that, as long as the switching or extension visa application is made in-time before the current visa expires, the applicant's current leave is extended until a decision is made.

An in-time application is submitted before midnight on the date of the visa expiry or permission ends.

This means that you will continue to have the same right to work in the UK, if given with your latest Visa, while waiting for the decision of your new visa application/ visa extension. Unless the decision is made to not grant you a new Visa, or your application is not successfully completed, your employment situation should not be affected.

If, however, you have not previously had a valid Visa that allows you to work, you will not be permitted to start work in the UK until you have received a positive decision from the Home Office on your pending application.

If you work while waiting for the results of your UK Visa, you risk being criminally prosecuted, as well as risking jeopardising pending/ future immigrant or visa applications.

If you are applying for Indefinite Leave to Remain (ILR) after five years of working in the UK with valid Work Visas, it will be possible for you to remain and continue working in the UK as long as you have applied for ILR before your current visa expires. If your work visa has expired before you have applied for ILR you will no longer have the right to work in the UK.

The relevant rules come under section 3C of the Immigration Act 1971. This article seeks to highlight the rights to work and reside in the UK acquired under 3C of the Immigration Act 1971 (as amended by Immigration Act 2014).

The Immigration Law

This rule prevents you from being a 'visa overstayer', remaining in the country until a conclusion has been reached on your Visa status. It is important to be aware that this will only apply if the application was submitted before the expiry of your current or previous visa.

Section 3C , what does it mean?

Section 3C leave is designed to prevent anyone who makes an application to the Home Office to extend or change your leave within their designated time frame from becoming an overstayer. This is valid while any lodged Appeal or Administrative Review application you are entitled to are pending.

Section 3C of the Immigration Act 1971 states: Continuation of leave pending variation decision

Where it applies

Section 3C applies if:

(a) You as an applicant have limited leave to enter or remain in the United Kingdom

(c) You have applied to the Secretary of State for variation of the existing leave to enter or remain in the UK.

(b) The application for variation is made before the leave expires.

(c) Your leave expires without the application for variation having been decided.

The leave is extended by virtue of this section during any period when—

(a) The application for variation is neither decided nor withdrawn,

(b) An appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [F2, while the appellant is in the United Kingdom] against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission).

There are some exceptions to section 3C, namely those who have acted in breach of Immigration Rules or they may have submitted their renewal after the expiry of the current visa.

Who does Section 3C continuation of leave apply to?

Note that section 3C rights apply only to UK visa applications under the Immigration Rules.

Prior to the new EU Settlement Scheme, it did not apply to EEA Residence Card or Permanent Residence applications under the EEA Regulations.

🔹Special Note on Self-Employment and Freelance Work

If your current visa does not permit self-employment (e.g. a Student visa or certain work visas), you may not undertake freelance or contractor roles while waiting for a new visa decision. Section 3C leave only preserves your existing visa conditions—it does not expand them. You should wait for the new visa to be granted before taking up any new form of work not permitted under your previous leave.

🔹Implications of Leaving the UK While on Section 3C Leave

Section 3C leave continues until your pending Application, Appeal or Administrative Review is decided, withdrawn, or treated as invalid. This protects your right to remain in the UK and, crucially, to continue working under the same conditions as the previous visa. If you are benefitting from Section 3C leave, you must not travel outside the UK, Channel Islands, Isle of Man, or Ireland (known as the Common Travel Area). Doing so will automatically end your pending application and terminate your Section 3C leave protection. This would mean losing your legal right to stay, study and work in the UK. If you wish to return to the UK, you would need to submit a fresh application for entry clearance from outside the UK, which could cause delays, jeopardise your employment and in come cases, reset your accumulated path towards Indefinite Leave to Remain.

How can an employer check my right to work while waiting for a Visa Application?

To prevent any wrongful or unfair suspension or dismissal, employers should be careful not assume that the right to work ceases based solely on the employee's Visa expiry date. Employees are to co-operate with the employer in verifying the immigration status, while the employer takes reasonable steps to make decisions to continue or suspend the employment. There are several avenues for either the employer or employee to investigate and prove the right to work effectively.

For employees, the easiest way is to generate your Home Office "share code" and your employer may access this to see your right to work.

If you are unable to generate a share code due to not holding an eVisa or other reasons, provide your Home Office application reference number to your employer. Employers can check the migrant worker's status through the online Employer Checking Service (ECS). The ECS results may take up to a week to process, however employers benefit from a 28-day statutory excuse period to complete the online ECS check. Employers may legally employ you while waiting for the ECS results, provided you have proven that you have made a valid in-time Leave to Remain or Fee Waiver application.

Normally, our clients' employers are satisfied with their checks once we produce the Home Office receipt, acknowledgement letter or Certificate of Application.

🔹Right to Work When Switching Employers During a Pending Application

If you have submitted an in-time application to switch visas or employers, you normally can begin working for a new employer unless your previous visa restricted work or was sponsored by a specific company. For example, you may start working for a new employer if you are switching from personal Visa routes such as from a Graduate Visa to a Spouse Visa. On the other hand, if you were previously sponsored by an employer under a Skilled Worker Visa, you cannot start working for a new sponsor until the new visa is approved. Doing so would constitute illegal working, even if your new application is under consideration. It is always prudent to check your existing Visa conditions or wait for the Home Office decision before changing employers.

Working in the UK with a Student Visa

Your student visa expires four months after the end date of your course (unless your course was shorter than 12 months, in which case your Student Visa expires 2 months after your course ends).

You will be able to use this visa to work in the UK subject to the stipulated Visa conditions, both throughout your course and for the four-month period while it remains valid afterwards. You will be able to work full-time on this temporary basis after your studying has been completed.

Working in the UK with a Graduate Visa

The Graduate visa route is designed mainly international students or students from an international scholarship agency. This visa would be applicable if the applicant wanted to work in the UK for two years (three years for PhD students), after completing your qualifying UK degree course qualification.

In order to work in the UK under the graduate route visa you will have to fit certain criteria;

• You must have successfully completed your UK degree/ qualification
• You must have held a Student Visa that was still valid at the time of your application
• You must have applied for the visa whilst in the UK
• You must have not previously been granted permission with the Doctorate Extension Scheme (DES)
• You must have studied your course whilst holding a valid passport and student visa.

Can I work while waiting for a Graduate visa?

You may work full-time on a temporary basis provided that:

• your Graduate visa application is still being processed by the Home Office,
• and you applied for a Graduate visa when your Student Visa was valid and before it expired.

Once you've been granted your Graduate visa, you are able to work on a permanent basis. Once your Graduate visa expires, consider the requirements you might have to meet for a Skilled Worker visa, in the case you decide you want to extend your stay in the UK.

How to know when your visa is going to expire?

The UK Home Office will not give you a reminder that your visa or leave is going to expire. In order to work out the expiry date of your visa, you can check your Home Office decision letter, eVisa, the vignette/sticker or stamp in your passport.

You should make sure to note that the date that your leave expires will be based on your Home Office decision letter, to ensure that your eVisa reflects the correct duration.

If you are currently overstaying your visa or at risk of doing so, it is advisable to seek legal advice and representation to ensure compliance with the latest Immigration Rules.

🔹Home Office Priority and Super Priority Services

To avoid prolonged waiting periods that may affect your employment, disrupt travel plans or simply cause anxiety, consider using the Home Office’s paid Priority services. The Priority service aims to return a decision within 5 working days, while the Super Priority service targets a 1-working-day turnaround. These services carry additional costs, but they may provide further peace of mind and help maintain continuity in your employment arrangements.

🔹Delays in Receiving Home Office Acknowledgement

There are instances where you may experience an unexpected delay in receiving any confirmation from the Home Office after submitting the visa application. While this can cause understandable concern for both employees and employers, you are still covered under Section 3C leave as long as the application was valid and submitted in time. If you have received no acknowledgement or response within the Home Office’s published processing time (ranging from days under Priority service, or weeks to months under Standard service), it's advisable to contact UKVI or seek legal support to investigate your application's status.

🔹Risks of Invalid Applications

Even if submitted in time, a visa application may be deemed invalid due to errors such as incorrect forms, missing documents, failure to follow procedure or unpaid fees. An invalid application does not usually trigger Section 3C leave unless specified otherwise by the Home Office, meaning your legal right to work may be lost. If you receive a request to correct your application, you must respond within the stated deadline—usually 10 working days—to preserve your legal protection where available.

How can QC Immigration help?

QC Immigration can represent you in dealing with your Employer's checks and guide them towards a fair decision.

We can advise you to ensure your pending visa application does not hinder your ongoing employment or accepting of a new job offer.

We also assist employers in ensuring your recruitment and retention policies are compliant with immigration laws, preventing any illegal working or civil penalties. This can help you avoid unnecessarily suspending employees who have the legal right to work, or defend your position if you have a statutory excuse to hire an employee whose status is pending.

We offer expert advice and representation; contact QC Immigration today.

• Book an immigration consultation with us to get advice that is tailored to your circumstances.
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