Right to work during visa extension

This is an important and common question, and the answer depends on which visa category you are in and whether your application was made in time.

The key legal principle:

Section 3C of the Immigration Act 1971 provides that where a person has existing leave to remain and makes an application for variation of that leave before it expires, their existing leave is automatically extended on the same terms and conditions until the application is decided. This is commonly known as "section 3C leave" or "statutory continuation of leave."

What this means in practice:

If you had leave to remain that permitted you to work, and you submitted your extension application before that leave expired, then your right to work continues on the same basis as your previous leave until a decision is made on your application. You do not need to wait for a new biometric residence permit or decision letter to keep working lawfully.

If your previous leave did not include permission to work, then section 3C leave continues on those same restrictive terms, meaning you would still not be permitted to work while the application is pending.

Important conditions:

1. The application must have been made before your existing leave expired. If you applied even one day after your leave ended, section 3C does not apply, and you would have no lawful basis to work.

2. If your application is refused and you have a right of appeal, section 3C leave can continue in certain circumstances until the appeal is determined, but the detail depends on the type of decision and appeal right.

3. If you vary or withdraw the application, section 3C leave may end at that point.

Proving your right to work to an employer:

Employers are required to carry out right to work checks. Home Office guidance confirms that employers can use the Home Office online employer checking service to verify that someone with a pending application still has the right to work. You can also use the Home Office online "View and Prove" service if you have an online immigration status. Employers should not simply refuse to employ or continue employing someone because they are awaiting a decision, provided the check confirms the right to work.

If you are having difficulty with an employer refusing to accept your continued right to work, it is worth directing them to the employer checking service and Home Office guidance on statutory continuation of leave.

Things I would need to know to give you a more precise answer:

What visa category you currently hold or held, whether the application was made before your leave expired, whether you had permission to work under your previous leave, and whether a decision has already been made or is still pending. If you can share those details I can give you a more tailored answer.