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Monday, May 27, 2024

Applying for a visa extension or Indefinite Leave to Remain

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Visa extension can happen for a number of visas such as student visas, skilled worker visas. The extension likely must be done 2 months prior to the expiry date of the visa. 

Making visa applications for extension of stay must be made from within the UK.

Some visas do not provide extensions such as T5 youth mobility visa, UK graduate visa, etc. 

The situation for visa extension 

Seeking a visa extension to further your stay in the UK must be done 60 days before the visa expires. If you earlier possessed a skilled workers visa then you may seek a six months extension on your visa. 

Every visa holds a different period of extension given by the UK government. Sometimes, if the conditions are not met the extension could get rejected as well.

If even after the visa extension you complete the required time to get settled in the UK, you can very well seek to apply for ILR.

If you are a skilled worker, your UK employer must timely issue you a fresh certificate of sponsorship once your visa extension is approved.

The extension application for the above-mentioned visa must be done while the applicant is in the UK. If the application is received from outside the UK, chances are high that it may be rejected on legal grounds. 

Applying of Indefinite Leave to Remain(ILR) 

On the genuineness of your extension of stay in the UK with any visa that allows you to, you can apply for Indefinite leave to remain(ILR). Your ILR application will be assessed on residency requirements.

What continuous residency needs to be met?

In your entire qualifying time period, you must have stayed lawfully in the UK without any breach or harm to the UK law or any person such as criminal activity against the law.

Your stay outside the UK in any foreign land must never be greater than the 90 days in the previous 1 year of active ILR.

Your absences from the UK in the last 3 years, if you are on a spouse visa, must not be more than 270 days.  Your intention to stay outside the UK border in the 5 years period of qualifying towards IL must not have exceeded 450 days. 

The Home office will work out the pertinent passing time frame by tallying in reverse from whichever of coming up next is generally advantageous to the applicant: 

  • the application date
  • the decision date
  •  28 days later of application submission

Compelling reasons for absences from the UK

Genuine or convincing reasons will change yet can include: 

  •  genuine ailment of the candidate or a direct relation 
  • a catastrophic event, for instance, volcanic ejection or torrent 
  • a contention 

The candidate should give proof as a letter which sets out the explanation for the nonattendance with records of help. 

  • clinical authentications 
  •  proof of interruption to travel courses of action
  • birth or passing declarations 

In case, your application may overwhelm you if the Home office guidance is not followed. Take help from A Y & J Solicitors, they are the best immigration solicitors in London.


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