Overview of the Uk Extension of Leave to Remain
An Extension of Leave to Remain allows a person who is already in the UK to apply for further immigration permission under their existing route, where the relevant requirements continue to be met.
Extending immigration permission is important for anyone who needs to remain lawfully in the UK but is not yet eligible for settlement or another long-term immigration status.
The requirements vary significantly depending on the visa category.
When Might You Need an Extension?
A person may need to extend their leave when their current immigration permission is approaching expiry and they need to remain in the UK.
This can apply to people living in the UK under routes such as:
- Skilled Worker
- Family Visa
- Student
- UK Ancestry
- British National (Overseas)
- Global Talent
- Business and investment routes
- Other qualifying immigration categories
Not every visa can be extended in the same way, and some routes require the applicant to switch to another category rather than simply extend their existing permission.
Applying Before Your Visa Expires
Applicants should generally submit an extension application before their existing immigration permission expires.
Applicants extending a BNO visa must apply before their current visa expires. Where a valid application is made before the existing permission expires, the applicant can generally remain in the UK while the application is being decided.
The precise consequences of making an application after expiry can depend on the circumstances and the applicable Immigration Rules.
Same Route or Different Route?
An extension does not always mean remaining under exactly the same immigration category.
A person may sometimes be able to extend their current visa, while in other situations they may need or prefer to switch to another immigration route.
For example, a person who is approaching settlement eligibility may need to determine whether they qualify for ILR rather than simply applying for another period of limited leave.
Choosing the correct application can therefore be important.
Work Visa Extensions
Work visa holders may be able to extend their immigration permission if they continue to satisfy the relevant requirements.
For example, Skilled Workers can generally extend their permission where they continue to meet the requirements. Specific rules apply where the applicant remains in the same job, occupation code and sponsored employment.
Changes to employment can affect the application.
A worker who changes employer or occupation may need to update their immigration permission rather than simply extending their existing visa.
Family Visa Extensions
Family visa holders may also need to extend their permission before they can qualify for settlement.
The requirements can include:
- Continuing relationship
- Financial requirements
- English language requirements
- Accommodation
- Immigration status of the sponsor
- Suitability requirements
- Evidence of living together where relevant
The exact requirements depend on whether the applicant is applying as a partner, spouse, parent, child or another qualifying family member.
Supporting Evidence
The evidence needed depends on the immigration route.
It may include:
- Passport
- Current immigration documents
- Employment evidence
- Payslips
- Bank statements
- Employer documentation
- Relationship evidence
- Accommodation documents
- Education documents
- Evidence of continuous residence
- Previous Home Office correspondence
Applicants should make sure that their documents reflect their current circumstances.
Changes in Circumstances
Changes that occur during a period of immigration permission can affect an extension application.
For example:
- Changing employer
- Changing job
- Changing relationship status
- Marriage or separation
- Having a child
- Changing address
- Changing salary
- Changing sponsor
- Changes to business ownership
The impact depends on the route.
It is therefore sensible to review significant changes before submitting an extension application.
Section 3C Leave
Where a person makes a valid in-time application to extend or vary their leave, section 3C of the Immigration Act 1971 can, in appropriate circumstances, extend their existing leave while the application is pending.
This can be important because it may allow the applicant to remain lawfully in the UK while awaiting a decision.
However, the protection is dependent on the application being valid and meeting the legal conditions for section 3C leave.
Travel While an Application Is Pending
Applicants should be cautious about international travel after making an in-country application.
For certain in-country applications, travelling outside the UK, Ireland, the Channel Islands or the Isle of Man can result in the application being treated as withdrawn.
Applicants should therefore check the consequences before travelling.
If an Extension Is Refused
A refusal can create significant immigration consequences.
The decision should be reviewed promptly to establish whether there is an option to challenge the decision, make another application or take another appropriate step.
The available options depend on the type of application and the wording of the decision.
How We Can Help
SWM Solicitors can advise on extensions of leave to remain across a range of immigration categories.
We can review your current visa, assess whether you continue to meet the requirements, identify the correct application route and advise on supporting evidence.
We can also advise where circumstances have changed or where you are approaching settlement and need to consider whether an extension or ILR application is more appropriate.