Section 3C Leave: Ensure UK Visa Compliance
A legal dilemma faces employers when a valued staff member's visa is due to expire but their extension application has not yet been decided. Section 3C 'bridging leave' automatically bridges that gap when an employee submits a valid, in-time application before their current leave expires. This leave extension still qualifies the employee to work legally while the decision from the Home Office is pending.
To verify Section 3C for e-visa holders, request a share code, enter it online alongside their date of birth, and save a dated screenshot. For paper visa holders, get their stamped application or 12-digit UAN and send an ECS request referencing that UAN alongside proof of an in-time application. The Home Office tends to respond to ECS requests within five working days when your statutory excuse still applies. Record all checks in a central record—note method, date, result, and any reference numbers—and keep such records for up to five years for potential audits.
Automate reminders: set calendar reminders three and one month before expiry and send email or Slack reminders using templated messages. Remind employees to submit share codes or ECS receipts in time. Store all confirmations in your HR portal or secure shared folder to prevent lost documents. One retail client avoided a £15,000 unfair dismissal award after adopting this process, and a fast-growth tech company completed 25 verifications last year with no delays or fines.
Employers must review their right-to-work policies today, implement the above measures, and train HR staff on Section 3C verification to maintain ongoing workstreams. Having Section 3C checks down pat safeguards your employees and guarantees compliance with UK immigration rules, saves costly mistakes on bridging leave. Practical templates and automation tools make it easy to incorporate these checks into existing systems without inordinate IT spend. By collecting evidence of in-time applications, checking through share code or ECS, automating reminders, and centralising records, employers keep teams working and risks at bay. For additional guidance and sample templates, download the official Employer's Guide to Section 3C Leave from Free Movement's website. Begin implementing these steps today to keep your team working and compliant.
For more information contact Leena Chouhan at Taylor Hampton Solicitors leena.chouhan@taylorhampton.co.uk 02024275970.
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