UK Visas are normally granted for a specified period of stay in UK. An individual with a limited leave to remain visa should either leave the UK before the expiry of granted visa OR should file for extension of visa called leave to remain it. It is required to make an application to the Home Office UKVI well before existing visa expiry. With a leave to remain, as opposed to an entry visa, you are allowed to require an additional period of stay in the UK. This process is known as applying for further leave to remain or visa extension.

All the UK visa types have an option for extension. However, the person has to make sure not to fail complying with specific conditions and of requirements. The rule excludes Tier 5 Youth Mobility Scheme visa, as this visa type cannot be extended further. Person can stay in the UK with an entry visa in this category is 2 years, and if he/she wish to stay longer in the UK, he/she must return to their Home country and reapply.

Spouse & Other Family Route

Under the UK Family Route, you can apply for extension of your existing visa which called further leave to remain if you are already in the UK on the basis of your family or private life, and to get a biometric residence permit, on the basis of:

• family life as a partner (5 year and 10 year route)
• family life as a parent (5 year and 10 year routes)
• dependent child of a person who has, or is at the same time applying for, limited leave-to-enter or remain in the UK other than under the points based system or UK Ancestry (5 year 10 year route)
• private life in the UK (10 year route)
• leave outside the rules on the basis of family or private life

Requirements for extension of a Leave to Remain

As part of the application process, you are also required to apply for a biometric immigration document, commonly known as a biometric residence permit (BRP).

When you decide to apply for an extension you must make sure you comply with several situations:

• You must require extension in the same visa type you currently have
• You should apply for an extension at least 8 weeks before the existing visa period exceeds
• You must have not been part of any criminal activity or you must have not brake any UK law or Immigration law during the entire period of stay in the UK
• You have to provide the biometric information – such as the fingerprints and recent photographs for yourself and any depended when applying for the extension
• You must have not been in breach of immigration laws while having a valid UK visa

You can stay in the UK until the decision about extension is taken, but only if you have applied within the visa period.

Biometric information

As part of the application process, you are also required to apply for a biometric immigration document, commonly known as a biometric residence permit (BRP).

Requests for further leave to remain must be made on the correct application form otherwise they will be returned as invalid and will not be processed by the Home Office. For almost every application there is quite a large processing fee that is non-refundable in the event of refusal. There may also be an Immigration Health Surcharge fee to be paid in advance. Some people may be exempt from paying the fees and should seek advice. If an application is refused, you may be granted a right of appeal before an Immigration Judge.

Many applications for further leave can be made either by post or using the UKVI’s Same Day Premium Service. We can assist you with your application no matter which application process you choose.

This is a particularly complex area of law as the application process varies depending on your circumstances and the reason why you are requesting an extension.

For more information and detailed advise, you are welcome to write us at info@wazirsingh.co.uk or speak at +91 947 852 6909.