Leave to Remain & Visa Extensions

"Leave to remain" is the term the Home Office uses for permission to stay in the UK. Most people come across it when they need to extend their current visa or switch to a different immigration route from inside the UK. Getting the timing and the form right is important, because a mistake can leave you without lawful status.

We help individuals and families with extensions and in-country switching across work, family, study and human rights routes.

Apply before your current permission expires

The most important rule is to apply before your current permission runs out. An application made in time protects your position while the Home Office decides it. Where possible, apply well in advance so that you have time to gather documents and deal with any problems.

Section 3C leave

If you apply to extend or vary your permission before it expires, and the Home Office has not decided the application by the time your permission would have ended, your leave is automatically extended under section 3C of the Immigration Act 1971. This is often called 3C leave. It continues while the application is pending and, if it is refused, while an appeal or administrative review can be brought or is pending. During this time you remain in the UK lawfully.

3C leave only arises from an in-time application. It is not a separate visa, and it can end quickly once a decision is made, so it is important to take advice promptly if you receive a refusal.

The risk of overstaying

If your permission expires before you apply, you become an overstayer. Overstaying can lead to refusal of future applications and can cause problems with settlement and citizenship later on. The rules allow a late application to be treated more leniently only in narrow circumstances, generally where it is made within 14 days and there was a good reason beyond your control, or within 14 days of a refusal or the end of 3C leave, an appeal or administrative review. If you have already missed your deadline, seek advice straight away.

Common application forms

• FLR(M): to extend your stay as the partner or dependent child of someone who is settled in the UK, or of a person with refugee status or humanitarian protection (the 5-year route).
• FLR(FP): for family life as a partner or parent on the 10-year route, dependent children, and private life applications.
• FLR(HRO): for human rights claims, leave outside the Immigration Rules and other routes not covered by another form. If you cannot afford the fee because you are destitute, a fee waiver request is made first.

These forms are completed online. Work and study routes have their own separate applications.

Switching to a different route

Many people can switch from one category to another without leaving the UK, but not every route allows this, and the requirements depend on both your current permission and the route you want to move to. Common examples include switching from the Graduate visa or Student visa to the Skilled Worker visa, or into the partner route as a spouse or partner. Where your case rests on family or private life, see our human rights page.

Home Office fees

For many family and human rights applications made in the UK, the Home Office fee is currently £1,407 per person. The Immigration Health Surcharge is usually payable as well. Fees for work and study extensions differ by route.

Common problems we help with

• Choosing the correct form and route for your circumstances.
• Applications close to, or after, the expiry date.
• Changes in circumstances, such as a relationship ending or a new job.
• Refusals, and protecting your status while you challenge them.
• Fee waiver requests for human rights applications.

How Stonebridge can help

We check your current permission and deadlines, advise on the best route to extend or switch to, and explain how your choice affects your path to settlement. We prepare the application, review your documents, write supporting representations and deal with the Home Office on your behalf. If an application is refused, we can advise on administrative review or appeals.

If your permission is due to expire, or you are thinking of switching routes, book a consultation so we can help you apply correctly and on time.