s3c protection - Urgent

“The individual’s visa expired on 19 October 2024. On 18 October 2024, they submitted an application for Indefinite Leave to Remain (ILR) under the 10-Year Long Residency route. On 23 December 2024, the Home Office invited them to vary their application to a more suitable route within 10 working days, which they did by submitting a further application on 8 January 2025.

Can you confirm whether they are still protected by Section 3C leave and allowed to work ?

Any insight would be much appreciated.

To the best of my knowledge, the Section 3C protection would continue, as the applicant submitted an application before the date of visa expiry and then varied it while it was still under consideration.

However, while they are protected by Section 3C and theoretically have the right to work, they would not have any physical proof of that right to work to present to the employer. Thus, the employer may be reluctant to keep the applicant in their employ.