From 8 October 2026, important changes to the Immigration Rules will affect how some applicants can rely on section 3C leave while an immigration application is pending.

The changes particularly affect applicants who:

• submit an application and later vary it to a different immigration application; or
• make a fee waiver request before submitting an immigration application.

What is section 3C leave?

Section 3C leave can protect a person’s immigration status where they submit a valid application before their existing permission expires, but their visa expires before the Home Office makes a decision.

In these circumstances, their existing permission can continue while the application remains outstanding.

This is particularly important for applicants who need to maintain lawful residence in the UK while waiting for a decision.

1. Varying an application will no longer give you a new biometric deadline

Where an applicant has an outstanding immigration application, they may be able to submit a different application before a decision is made. The later application will generally vary the earlier application.

From 8 October 2026, varying an application will not give the applicant a new period in which to provide their biometrics.

Instead, the applicant must still provide their biometrics within the timeframe given for their original application.

This means that applicants cannot submit an application, delay providing their biometrics and then vary the application in order to obtain a fresh biometric deadline.

Example

An applicant holds permission under the Hong Kong BN(O) route which is due to expire. Before their visa expires, they submit a BN(O) extension application, which protects their immigration status while the application is pending.

The applicant intends to become eligible for Indefinite Leave to Remain shortly afterwards. They therefore delay providing their biometrics, intending to later vary the BN(O) extension application to a BN(O) settlement application.

Previously, an applicant may have expected the variation application to provide a further opportunity to enrol their biometrics.

From 8 October 2026, this will no longer be the case. The applicant must still comply with the biometric deadline given for the original BN(O) extension application. Varying the application to settlement will not restart that deadline.

If the applicant fails to provide their biometrics within the required timeframe, the application may be treated as invalid. This could have serious consequences for their immigration status and their ability to rely on section 3C leave.

Applicants planning to vary an outstanding application should therefore be particularly careful not to allow the biometric deadline attached to their original application to expire.

2. Changes to applications following a fee waiver request

The second change concerns applicants who make a fee waiver request before submitting an application for permission to stay.

From 8 October 2026, an applicant will only be able to rely on the date of their fee waiver request as the date of their immigration application where the subsequent application is made under the same immigration route for which the fee waiver was requested.

The application must also be submitted within the required timeframe following the fee waiver decision.

If the applicant instead submits an application under a different route, they will not be able to rely on the earlier fee waiver request date. The application will instead take the date on which the new immigration application is actually submitted.

This could have significant consequences where the applicant’s previous visa has expired in the meantime.

Example

An applicant’s visa is due to expire on 30 November.

Before their visa expires, they submit a fee waiver request for an application under Route A.

While the fee waiver request is being considered, their visa expires.

The applicant then decides not to make the application under Route A and instead submits an application under Route B on 15 December.

Under the new Rules, the applicant cannot rely on the earlier date of the fee waiver request for their Route B application. Their application date will instead be 15 December.

As their previous permission expired on 30 November, this may mean that they have become an overstayer and do not benefit from section 3C leave during the period following the expiry of their previous permission.

It is therefore important that applicants requesting a fee waiver carefully consider the immigration route under which they intend to apply.

Can you still vary an immigration application?

Yes.

The changes do not prevent applicants from varying an outstanding immigration application.

However, from 8 October 2026, varying an application will not provide a fresh period in which to complete outstanding biometric requirements.

Applicants should therefore carefully consider the timing of both their original application and any intended variation.

What about applications made before 8 October 2026?

The Statement of Changes includes transitional arrangements.

For these particular changes, where an application for permission to stay was made before 8 October 2026, the application will be decided in accordance with the Immigration Rules in force on 7 October 2026.

The date on which an application or variation is made can therefore be particularly important for applicants who already have an application pending or who intend to vary their application around the time the new Rules come into force.

What should applicants do?

The changes make it increasingly important to consider the timing and sequence of immigration applications.

If you have an outstanding application and intend to vary it, you should check whether you have an outstanding biometric deadline and ensure that it is complied with.

Similarly, if you have made or intend to make a fee waiver request, you should carefully consider the immigration route under which your subsequent application will be made.

Failure to follow the correct process could result in an application being treated as invalid, a loss of section 3C protection and, in some circumstances, the applicant becoming an overstayer.

How Sincere Immigration can assist

If your visa is due to expire, you have an outstanding immigration application, you are considering varying an application, or you have submitted a fee waiver request, it is important to understand how these changes may affect your immigration status.

Sincere Immigration can advise you on your individual circumstances and assist you in determining the appropriate application and timing to protect your immigration status in the UK.

Please contact our immigration team for further advice and a free 30-minute consultation.