Leave to Remain Renewal Guide UK

Leave to Remain Renewal

SECTION GUIDE

Renewing your leave to remain in the UK is a critical step in maintaining lawful residence and protecting your immigration status. If you hold limited leave to remain—whether as a worker, partner, parent or student—you must apply to extend your permission before it expires to avoid overstaying and loss of work and study rights.

What this article is about: a practical, legally accurate guide to renewing leave to remain in the United Kingdom. It explains who must renew, the route-specific eligibility criteria under the Immigration Rules (including Appendix Skilled Worker and Appendix FM), required documents, the online application and UKVCAS biometrics process, Home Office fees and processing times, common pitfalls, and what happens to your rights under section 3C of the Immigration Act 1971 when you apply in time and await a decision.

 

Section A – What Leave to Remain Renewal Means

 

Renewal of leave to remain refers to extending your existing permission to stay in the United Kingdom beyond the period originally granted. Under UK immigration law, most categories of limited leave—such as work, family, or study visas—require renewal before expiry if the holder wishes to continue residing lawfully.

The renewal process is distinct from both an initial visa application and from “switching” into a different immigration category. It is a continuation of your current status, maintaining the same route toward settlement where applicable. For example, a Skilled Worker visa holder renewing before five years contributes uninterrupted residence toward Indefinite Leave to Remain (ILR).

If an applicant fails to renew before their visa expires, they risk becoming an overstayer. Overstaying is a breach of the Immigration Rules and may affect future applications or result in removal from the UK. However, individuals who submit a valid renewal application before expiry are protected by section 3C of the Immigration Act 1971, which automatically extends their existing leave while a decision is pending.

Renewal applications must be made online, and the applicant must remain in the UK until a decision is reached. Travelling abroad before a decision is issued will normally withdraw the application automatically under Home Office policy.

In summary, renewing your leave to remain ensures continuous lawful residence and preserves eligibility for future immigration routes such as settlement or citizenship.

 

Section B – Eligibility and Legal Requirements

 

Eligibility for leave to remain renewal depends on your current visa category, the length of lawful residence you have maintained, and whether you continue to meet the specific criteria under the Immigration Rules. The Home Office assesses each renewal application against the relevant provisions, such as Appendix Skilled Worker, Appendix FM for family routes, or Appendix Student for study-based extensions.

To qualify for renewal, applicants must generally:

  • Hold valid limited leave to remain at the time of applying.
  • Apply before current leave expires to retain lawful status under section 3C.
  • Continue to meet the conditions of their visa (for example, employment with a licensed sponsor for Skilled Workers or a genuine relationship for Partners).
  • Provide sufficient evidence of financial maintenance and accommodation without public funds.
  • Meet any applicable English language requirement.
  • Provide valid identity documents and complete biometric enrolment through UKVCAS.

 

The specific requirements differ by route:

  • Skilled Worker visa: You must remain employed by a licensed sponsor in an eligible occupation code, paid at or above the minimum salary threshold defined in Appendix Skilled Worker.
  • Partner or Spouse visa: You must demonstrate that your relationship remains genuine and subsisting, meeting the financial requirement of £18,600 per year (plus additional amounts for dependants) as set out in Appendix FM.
  • Student visa: You must show continued enrolment at a licensed sponsor and compliance with study conditions, including academic progress and attendance.

 

All renewal applicants must maintain lawful residence without significant gaps. Even short periods of overstaying may affect eligibility for Indefinite Leave to Remain. However, section 3C leave ensures you remain lawfully present while your in-time application is pending.

Supporting documentation is critical. The Home Office frequently requests updated evidence such as payslips, bank statements, tenancy agreements, or confirmation of study. Missing or inconsistent documents can lead to delays or refusal. Applicants must ensure that all information provided is accurate and consistent across the application and supporting materials.

In summary, eligibility for renewal depends on ongoing compliance with visa conditions, timely application submission, and accurate documentation that demonstrates continued qualification under the Immigration Rules.

 

Section C – How to Apply for Leave to Remain Renewal

 

The renewal of leave to remain is carried out entirely through the Home Office’s online system. The process must be completed before your current visa expires, and you must stay in the UK while it is under consideration to maintain lawful residence under section 3C of the Immigration Act 1971.

Step 1 – Complete the online form

 

Applications are made through GOV.UK using the appropriate form for your visa type—such as FLR(M) for partners or Skilled Worker visa extension. The form will ask for personal information, immigration history, and supporting details about your employment, studies, or family circumstances.

Step 2 – Pay the required fees

 

After completing the form, the system calculates the fees payable, which usually include:

  • The main Home Office application fee
  • The Immigration Health Surcharge (IHS) for access to the NHS
  • Optional priority or super priority service fees

All payments are made online when submitting the application.

Step 3 – Upload your supporting documents

 

After payment, applicants are directed to the UK Visa and Citizenship Application Services (UKVCAS) portal to upload their documents. Required items typically include:

  • Valid passport or Biometric Residence Permit (BRP)
  • Evidence of income, employment or sponsorship
  • Proof of relationship (for partner routes)
  • Proof of accommodation and residence
  • Any other evidence required under the relevant Immigration Rule

Step 4 – Attend your UKVCAS biometric appointment

 

Applicants must book and attend an appointment to provide fingerprints and a photograph. Some may be eligible for biometric reuse, meaning no new appointment is required. Failure to attend may result in refusal.

Step 5 – Await the decision

 

After biometrics, the application enters Home Office processing. Decisions are communicated via email, and successful applicants receive either a new Biometric Residence Permit or digital immigration status. During this period, you must not travel abroad; doing so automatically withdraws your application.

Throughout the process, section 3C leave preserves your rights to live, work, and study until a final decision is made. Submitting accurate, timely, and complete documentation is vital to avoid delays or invalidation.

In summary, renewal involves completing the online form, paying the correct fees, submitting full documentation, attending biometrics, and awaiting a lawful decision while remaining in the UK.

 

Section D – Fees, Processing Times and Common Issues

 

The cost and duration of renewing leave to remain depend on your visa category, whether you include dependants, and whether you opt for a priority service. Applicants should always verify current rates on GOV.UK before submitting an application.

Home Office fees

 

As of 2025, the standard Home Office fee for most in-country visa renewals—including those under Appendix Skilled Worker and Appendix FM—is £1,258 per applicant. Each dependant pays the same rate. The Immigration Health Surcharge (IHS) adds £1,035 per year of leave requested. These rates are set under the Immigration and Nationality (Fees) Regulations and reviewed annually.

Optional premium services include:

  • Priority Service – £500 extra, for a decision within 5 working days after biometrics.
  • Super Priority Service – £1,000 extra, for a decision by the end of the next working day.

Processing times

 

Standard processing usually takes up to 8 weeks from biometric enrolment. Complex cases or those requiring additional verification may take longer. While your application is pending, section 3C leave lawfully extends your existing rights and conditions until a final decision is issued.

Common issues and refusals

 

Frequent problems that delay or undermine renewal applications include:

  • Submitting the application after visa expiry (invalidates section 3C protection).
  • Incomplete or inconsistent documentation, such as missing payslips or bank statements.
  • Failure to meet updated financial or relationship criteria under Appendix FM.
  • Selecting the wrong application form or payment type.

If your application is refused, the decision letter will confirm whether you have a right to administrative review or appeal. It is generally advisable to seek professional legal advice before reapplying, especially where eligibility is in doubt or evidence has changed since the last grant.

In summary, while renewal fees can be substantial, submitting a complete and timely application helps avoid disruption, protects continuous residence, and preserves eligibility for future settlement.

 

FAQs – Leave to Remain Renewal

 

How early can I renew my leave to remain?

 

You can usually apply up to 28 days before your current visa expires. Applying too early may risk refusal if the new period would overlap your current leave excessively.

What happens if my visa expires before I renew?

 

If your leave expires before you apply, you become an overstayer under the Immigration Act 1971. Overstaying is unlawful and may affect future applications. Only applications made before expiry are protected under section 3C.

Can I travel outside the UK while my renewal is pending?

 

No. Leaving the UK while a renewal application is pending automatically withdraws the application. You would then need to apply for entry clearance from abroad to return to the UK.

What is section 3C leave?

 

Section 3C of the Immigration Act 1971 automatically extends your lawful stay where a valid in-time renewal application is made and remains undecided. During this period, your visa conditions continue unchanged.

Is there a grace period after expiry?

 

There is no formal grace period once leave expires. However, the Home Office may disregard an overstay of up to 14 days if you can show a good reason beyond your control, supported by evidence at the time of application.

Can I include dependants in my renewal?

 

Yes. Dependants already in the UK under the same route can be included in your renewal. Each applicant must pay the required fee and satisfy the relevant route-specific requirements.

What if my circumstances change before renewal?

 

If your employment, relationship, or study situation changes before renewal, you may need to switch visa categories rather than extend your current one. Legal advice should be obtained before submitting a new application.

In short, timely and accurate renewal protects your lawful status, work rights, and eligibility for future settlement or citizenship.

 

Conclusion

 

Renewing your leave to remain is a legal requirement for anyone who intends to continue living in the United Kingdom beyond their current visa period. It ensures you remain compliant with the Immigration Rules and maintain lawful status throughout your stay.

Submitting your renewal application before expiry is essential. Doing so protects you under section 3C of the Immigration Act 1971, preventing a break in lawful residence and safeguarding your rights to work, study, and access public services. Late or incorrect applications risk refusal, financial loss, and potential immigration enforcement action.

Applicants should review eligibility carefully under the relevant appendices of the Immigration Rules, prepare full and accurate documentation, and allow sufficient time for biometrics and Home Office processing. Consistent compliance during each renewal period strengthens eligibility for Indefinite Leave to Remain (ILR) and future British citizenship applications.

Ultimately, renewing leave to remain is more than an administrative task—it is the legal mechanism that secures continuity of residence and long-term immigration stability in the UK.

 

Glossary

 

TermDefinition
Leave to RemainPermission granted by the Home Office allowing a non-UK national to reside in the UK for a defined period or indefinitely under specified conditions.
Limited Leave to RemainTemporary permission to stay in the UK, usually granted under a specific visa category such as Skilled Worker, Family, or Student, and renewable before expiry.
Indefinite Leave to Remain (ILR)Permanent residence status that allows a person to live and work in the UK without time limit, usually after a qualifying period of lawful residence.
Section 3C LeaveAutomatic extension of leave under the Immigration Act 1971 that applies when a valid renewal application is submitted before expiry and remains undecided by the Home Office.
Biometric EnrolmentThe process of providing fingerprints and a digital photograph through the UK Visa and Citizenship Application Services (UKVCAS) to confirm identity and immigration status.
FLR Application“Further Leave to Remain” application, used to extend an existing visa under the same route or category within the UK.
OverstayerAn individual who remains in the UK after their leave has expired without submitting a valid application to extend or switch their visa.
UKVCASUK Visa and Citizenship Application Services, the Home Office partner responsible for biometric appointments and document submission for in-country applications.

 

Useful Links

 

ResourceLink
Renew your visa or leave to remain – official GOV.UK guidancehttps://www.gov.uk/renew-visa
Check visa fees and Immigration Health Surcharge (IHS) rateshttps://www.gov.uk/visa-fees
UK Visa and Citizenship Application Services (UKVCAS)https://www.ukvcas.co.uk/
Immigration Rules – Leave to Remain provisions (Part 1)https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1
Prove or view your immigration statushttps://www.gov.uk/view-prove-immigration-status

 

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

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About our Expert

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Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.She is recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.