UK: section 3C protection narrows from 8 October

September 27, 2026 · WOWERI

From 8 October 2026 two changes to the UK Immigration Rules (HC 584 of 3 September 2026) narrow section 3C protection: they concern the application date after a fee‑waiver request and the biometrics deadline when an application is varied.

What will change in the use of section 3C?

Section 3C of the Immigration Act 1971 automatically extends existing leave when an in‑time application to extend it has been made and is still pending. Statement of Changes HC 584 of 3 September 2026 makes two changes that take effect on 8 October 2026:

• New para 34G(5): the date of a fee‑waiver request counts as the date of the paid application only if the application is made on the same route named in the request and within 10 working days of the fee‑waiver decision (or as a paid application before that decision). Otherwise the application date is the date the application is actually submitted.
• New para 34BB(2A): varying an application already made no longer resets the biometrics deadline — biometrics must still be provided within the period stated for the previous application.

Who is affected?

• Applicants extending their stay in the UK who rely on section 3C (continuation of existing leave pending a decision), especially those making fee‑waiver requests or varying an application.
• Immigration advisers who use variations in client work.

What does this mean for readers?

If you are making a fee‑waiver request or plan to vary an application:

• apply on the same route named in the request, within 10 working days of the decision;
• provide biometrics by the deadline set for the original application, regardless of later variations.

Otherwise your application may be treated as made later and section 3C may not cover the waiting period, which risks overstaying.

What should you do now?

1. Check the route named in your fee‑waiver request and apply on the same route within 10 working days of the fee‑waiver decision.
2. If you plan to vary your application, provide biometrics before the original deadline.
3. Keep copies of all submission confirmations and biometric appointment dates.
4. Consult a regulated immigration adviser or solicitor to check your plan.

Which dates are important?

• 3 September 2026 – Statement of Changes HC 584 laid.
• 8 October 2026 – changes take effect.
• 10 working days after a fee‑waiver decision – deadline to apply on the same route.
• The biometrics deadline set for the previous application – must be met regardless of later variations.

Original source

• Home Office, Statement of changes HC 584, 3 September 2026: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-584-3-september-2026
• Free Movement, “Two rule changes narrow section 3C leave”: https://freemovement.org.uk/two-rule-changes-narrow-section-3c-leave/

*The material is for informational purposes only and does not constitute legal advice.*

Source: freemovement.org.uk