Can an employee continue working while a visa renewal is pending?

In the UK, an employee who applies to extend their leave to remain before their current leave expires is protected by 'section 3C leave' -- their existing conditions of leave (including the right to work) continue automatically while the application is under consideration. This means they can legally continue working in the same role after their visa technically expires, as long as the application was submitted before the expiry date.

However, the employer's statutory excuse changes at this point. Once the original visa has expired, the employer can no longer rely on the physical document copy; they must use the Home Office Employer Checking Service to verify the employee's right to work and obtain a Positive Verification Notice. This must be done within 28 days of the visa expiry date and renewed every 6 months while the application remains pending. Missing this step, even if the employee is fully legal to work, removes the employer's statutory excuse.