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When to Submit your application for extension or ILR

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    Most UK visas permit extension and provide a pathway to settlement in the UK. Some UK visas can be extended, but do not lead to settlement directly, for example, a UK student visa or an expansion worker visa. A person on any such visa is required to switch to another UK visa that leads to settlement. 

    Whether you can extend your visa will depend on the type of visa you currently have. Among the more common UK visas that allow for extensions, subject to relevant eligibility requirements being met and any maximum period of stay, include:

    • UK Family Visa 

    • UK Skilled Worker Visa

    • UK Student Visa

    • UK Health and Care Worker Visa

    • UK Global Talent Visa

    • UK Innovator Founder Visa

    • UK Senior or Specialist Worker visa (Global Business Mobility)

    • UK Expansion Worker visa (Global Business Mobility)

    On the other hand, the following visas do not allow their holders to extend their permission in the UK.

    • UK Standard Visitor Visa

    • UK Graduate Visa

    • UK Graduate Trainee visa (Global Business Mobility)

    • UK Secondment Worker visa (Global Business Mobility)

    • UK Short-Term Study Visa

    • Youth Mobility Visa

    • UK Seasonal Worker Visa

    • UK Graduate Visa

    What is the application for extension or ILR?

    A UK visa extension is for individuals who are already in the UK with permission on a valid visa and wish to prolong their stay with the same visa beyond the current permission in the UK. A visa extension is essential for those who wish to continue their family life, employment, studies, or other activities in the UK without interruption.

    A person applying for a visa extension must meet specific visa eligibility criteria and provide detailed documentation, and they must submit the application before their current visa expires.

    ILR (Indefinite Leave to Remain), also known as ‘settlement’, is an immigration status within the UK. Non-British citizens apply for ILR as it gives them the opportunity to live, work, and study in the UK indefinitely without any immigration restrictions.

    Given the benefits of settling in the United Kingdom, the application process is stringent, requiring the applicant to provide extensive documentation to demonstrate that they qualify. The ILR eligibility requirements are strict, especially after recent changes introduced in immigration rules by the UK government, and applying the rules to the applicant’s circumstances is not always straightforward.

    When to Submit an Application for a Visa Extension and ILR?

    On most UK visa routes, you are usually granted an initial leave of 30 months, and if you want to continue staying in the UK, you should apply for your visa extension (provided it permits and you are eligible) before your current visa expires. Please note that applying for an extension on most visa routes is only allowed from within the UK.

    Let us visa-wise time period within which you must apply for your visa extension and ILR.

    1. UK Family Visa 

    Applying for an extension

    Usually, you must apply for your UK family visa extension to stay with the same family member (partner, child, parent, etc.) within 28 days before your current visa expires.

    Applying for ILR

    You can apply to settle once you’re eligible.

    If you’re applying as a partner or parent with a family visa, you can apply no more than 28 days before you meet the criteria for continuous residence in the UK. You should not wait until your permission visa expires.

    Bereaved partners can apply for ILR as soon as their UK-based partner dies without the need to apply for an extension first.

    A person in the UK, as a partner, can apply for ILR as soon as their relationship ends with their UK-based partner due to domestic abuse caused by the applicant’s partner or their family members. 

    2. UK Skilled Worker Visa

    Applying for an extension

    Your initial leave on the skilled worker route usually lasts for up to 5 years. You’ll be able to apply to extend your skilled worker visa before it expires, as long as you are still with the same employer/sponsor and in the same job, which is in the same occupation code as when you were granted your previous skilled worker visa. 

    You can apply to extend your current Skilled Worker Visa up to 90 days before, provided the CoS is issued no more than 90 days before the date of application. You can apply for an extension of your visa as many times as you wish.

    Latest change in the skilled worker route

    If an applicant’s job is listed as ‘medium-skilled’, they can only extend their Skilled Worker visa if both of the following are true:

    • They received their first CoS (Certificate of Sponsorship) before 22 July 2025

    • They have continually held one or more Skilled Worker visas since they got their first CoS 

    Applying for settlement

    You must submit your ILR application up to 28 days before the end of your qualifying period.

    Recent changes announced

    Until now, migrant workers under the Skilled Worker route have been eligible to apply for ILR after 5 years in the UK, subject to certain requirements.

    However, the Government has proposed to double the qualification period from 5 years to 10 years for all applicants, but some people will be able to qualify earlier under the “earned settlement” proposal. Under this proposal, there will be a shorter pathway to settlement than ten years for people who have made “Points-Based contributions to the UK economy and society.”

    When this change will be introduced, what will be the requirements for earned settlement, and whether skilled workers already in the UK will be impacted, is not yet clear.

    3. UK Student Visa

    Applying for an extension

    It is possible to extend your Student Visa (including Tier 4 (General) student visa) to stay longer in the UK and continue your existing course or study a new course. 

    The earliest you can apply for further leave on a student visa is 3 months before your course starts. 

    You must apply for it before your current visa expires and within 6 months of getting a CAS (Confirmation of Acceptance for Studies).

    Applying for settlement

    The Student Visa does not lead to ILR (Indefinite Leave to Remain). 

    However, student visa holders may be able to switch into another visa category, such as the Family Visa or Skilled Worker visa category, which does provide applicants a pathway to ILR.

    4. UK Health and Care Worker Visa

    Applying for an extension

    Health and Care workers in the UK must apply to extend before their current visa expires. They will need to use the form for a Skilled Worker visa, where they will be asked if they are applying for a UK Health and Care Worker visa. They should choose ‘Yes’ at this stage.

    Applying for settlement

    Health and Care workers in the UK can be eligible to apply for ILR after having lived in the UK for a qualifying period of five years under this visa alone, or in combination with residence period on other permitted UK work visa categories.

    You can apply for ILR under the Health and Care Worker route up to 28 days before completing five years of qualifying residence, provided you still meet the other requirements, including salary, English language, absences, and passing the Life in the UK test.

    5. UK Global Talent Visa

    Applying for an extension

    You can renew (‘extend’) your Global Talent visa (or previous Tier 1 (Exceptional Talent) Visa) before it expires, where each extension can last from 1 to 5 years. You can choose how long you want the extension to be.

    There is no fixed maximum lead time within which one must apply for their Global Talent Visa extension. However, applying as early as possible before your current visa expires will help you avoid overstaying in the UK. 

    Applying for Settlement

    It is possible to obtain ILR after 3 years or 5 years, depending on which specific field (this includes the fields of digital technology, academia or research, arts and culture) you work in and how you apply.

    The earliest you can apply to settle is 28 days before you meet the continuous residence criteria for a qualifying period in the UK. 

    If you have a UK Tier 1 (Exceptional Talent) visa, apply for ILR as someone with a Global Talent visa.

    6. UK Innovator Founder Visa

    Applying for an extension

    A person in the UK with an Innovator Founder Visa can apply to extend their permission before it expires, provided they continue to fulfil the eligibility criteria. They can apply for extension as many times as they wish, as long as their business remains active, trading, and sustainable, and they have a renewed endorsement from an approved body. 

    Applying for settlement

    Innovator founders can apply to settle after 3 years of continuous residence in the UK. They will be able to apply for ILR no more than 28 days before they are eligible.

    7. UK Senior or Specialist Worker visa (Global Business Mobility)

    Applying for an extension

    You must apply online to extend your Senior or Specialist Worker visa, usually before your current visa expires.

    Applying for settlement

    Senior or specialist workers will not be able to apply for ILR directly from this visa. However, they may switch to another route, such as the Skilled Worker route, which will enable them to settle in the UK. Time spent on a Senior or specialist visa will not be counted towards meeting the continuous residence requirements.

    8. UK Expansion Worker visa (Global Business Mobility)

    Applying for an extension

    To extend your UK expansion worker visa, you must apply online before your current permission on this route expires. You can extend your visa by a further 12 months. This means the maximum time you can stay in the UK as an Expansion Worker is 2 years. 

    Applying for settlement

    Expansion workers cannot apply to settle in the UK. However, they can switch to another visa route, such as the Skilled Worker visa, which will enable them to apply for indefinite leave to remain in the UK.

    Need Assistance?

    To maintain an ongoing lawful immigration status and continue your life in the UK without interruption, you should make a timely application for your visa extensions and settlement.  

    Given the high stakes, we provide you with expert advice before you apply for an extension or indefinite leave to remain. We will ensure that you continue to satisfy the current relevant eligibility criteria and build a comprehensive application enabling you to present your case in the strongest possible manner.

    Professional advice becomes more valuable if your application is complex, such as when you are making an out-of-time application for an extension or ILR. 

    For expert guidance, you can call us at +44 (0)20 3411 1261.

     

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