How Soon Can I Renew My UK Visa Before It Expires

How Soon Can I Renew My UK Visa Before It Expires?

Usually, you can apply to renew your UK visa three months before it expires at the earliest; for example, Skilled Worker visa extensions can be applied for within 3 months of the assignment of your new certificate of sponsorship or 60 days before your current validity period expires.

For certain visas such as Family visas, you may apply to extend them any time before the expiry date. For Student visas, the 3-month rule applies, but the new course must also begin within 28 days of your current visa’s expiry date.

The rule of thumb is to submit your visa renewal application before your current visa expires, to avoid any chance of overstaying your permission to remain in the UK. You must take note of your current UK visa expiry date to start your renewal application on time.

It is, however, also recommended not to apply for a visa renewal too soon. If you apply to renew your UK visa well ahead of its expiry date, you will lose the unexpired leave on your previous visa or biometric residence permit as that won’t be added to your new leave to remain. If you are considering applying for indefinite leave to remain (ILR) in future, all such unexpired leave will not be counted while calculating your five-year residence requirement in the UK.

It is also worth noting the processing time for a renewal application, which may vary depending on your UK visa type. If you submit a renewal application before your current visa expires, you will be able to continue the activities (e.g. work or study) permitted in your expired visa while awaiting a renewal decision from the Home Office. However, if you travel outside the UK during the said period even for a short while, you may be refused re-entry.

In essence, deciding the most suitable time for renewing your UK visa will depend on all the above-mentioned factors and your immigration circumstances, and so the timeline may vary from case to case. For some applicants, the decision may be quite straightforward while others may need expert advice. In case you are unsure when is the best time to renew your UK visa, call our expert immigration advisers on +44 (0)333 414 9244 to discuss your options.

Renewing Your UK Visa Before Expiry

For certain visa categories, the Home Office has stipulated a timeline for visa renewal. For example, if you are renewing or extending your Student visa UK, you may apply three months before the start date of your new course at the earliest. Additionally, you will have to apply within six months of getting a Confirmation of Acceptance for Studies (CAS) from the concerned UK university or educational institution.

Please also note that certain UK visas are not eligible for a renewal (e.g. a Standard Visitor visa, unless in exceptional circumstances). Moreover, even if renewal or extension is generally permitted for your visa type, you will have to fulfil certain eligibility criteria to renew your permission to stay in the country. Generally speaking, a visa renewal is usually allowed if you continue fulfilling the criteria based on which you were initially granted your UK visa.

For example, if you hold a Skilled Worker visa in the UK which is due for renewal, you will need to ensure that you are working in the same job as when you were granted your initial leave to remain, your job belongs to the same occupation code, and you are working for the employer who provided you with your current certificate of sponsorship (CoS). If you change your job or employer, you must apply to update your visa instead.

If you have family members in the UK on dependent visas, their visas will not be automatically renewed or extended when you are renewing/extending your visa. They will need to apply for renewal or extension separately. They may do so with you or at any time before their current visas expire.

How to Renew Your Visa in the UK

A UK visa renewal is an online process, similar to your original visa application. Once you have confirmed that you are eligible for a visa renewal and arranged for the necessary supporting documents, please visit the Home Office website to start your application process.

After completing your visa renewal form and uploading scanned copies of your supporting documents, you will need to pay the visa renewal fee online as well as the immigration health surcharge (if it is applicable in your case).

You will also need to prove your identity at this point, by either using the ‘UK Immigration: ID Check’ app to scan your identity document or providing your biometric information (i.e. photo and fingerprints) at a UK Visa and Citizenship Application Services (UKVCAS) service point. You may also have your supporting documents scanned during your UKVCAS appointment.

Please note that you must stay in the UK during the visa renewal application process. If you travel outside the country before you receive a Home Office decision on your visa renewal, your application may be withdrawn.

Priority and Super Priority Services for Visa Renewal

Processing a visa renewal application may take up to eight weeks. If you want a faster decision on your application, you may be able to get so by paying an additional fee. Not all visas come with this option though, and there is a limit on the number of applicants who can apply for a faster decision.

The priority visa service comes at an additional fee of £500, and you will get a decision usually within five working days. The ‘super priority service’ fee is £1,000 to get a decision by the end of the next working day.

However, if the Home Office requires more information or documents from you, a renewal decision will take longer even if you have opted for priority/super priority service, and you will not get a refund.

Renewing an Expired UK Visa

If you have remained in the UK even after your visa has expired without applying for a renewal, you will be considered an overstayer from the perspective of UK immigration laws. Under Section 24 of the Immigration Act 1971, overstaying in the UK without ‘good reasons’ is a criminal offence. It may even lead to your deportation, and will certainly hamper any future UK immigration applications.

Since 24 November 2016, overstaying in the UK has become a ground for visa refusal, unless the Secretary of State considers that there has been a ‘good reason’ beyond the applicant’s control to apply for a renewal (or a new visa) before their previous visa expired. Examples of such ‘good reasons’ may be receiving emergency medical treatment, undergoing close family member bereavement, or not receiving the necessary paperwork on time from your UK employer or educational institution.

In such scenarios, you may be allowed to submit a visa renewal application within 14 days of the expiry of your current leave. Please also note that the onus is on you to ensure that you are not overstaying in the UK. The Home Office will not send any reminder when your visa/leave to remain expires.

What Can I Do If I Have Overstayed My UK Visa?

If you have unwittingly overstayed but are planning to continue staying legally in the UK, your best option is to apply for a visa/permission renewal (or make a fresh visa application in case your immigration circumstances have now changed) within the stipulated 14-day period.

However, please note that it may not always be possible to gather enough satisfying evidence within only 14 days to prove that you have had ‘good reasons’ to have missed your original visa expiry date. An expert immigration lawyer may come to your ‘rescue’ in this case, so please get in touch with our IAS team on +44 (0)333 414 9244 without further delay if you find yourself in such a situation.

If you intend to return to your home country on the other hand, please do so within the stipulated 30-day period at your own expense. The sooner you leave the UK voluntarily, the better your chances of avoiding a re-entry ban are.

How Can IAS Help You?

Applying for a UK visa renewal on time might be crucial for your future plans, especially if you wish to continue to remain in the country to work, study, do business, or stay with your family. Please ensure your visa renewal application and supporting evidence are in order, to avoid unnecessary processing delay or a refusal.

Moreover, if you do not renew your UK visa before it expires, you will be considered as ‘overstaying’ in the country. Overstaying in the UK is a very sensitive issue, especially now, given the successive UK governments’ and the general public’s stance on immigration. There are severe legal repercussions for overstayers in the country, including criminal charges, imprisonment, and deportation.

Our IAS lawyers and advisers have in-depth knowledge of UK immigration law and its nuances. Over the years, we have helped several foreign nationals with their UK visa renewal applications as well as assisted overstayers deal with their situation. Apart from providing overall legal guidance and advice, we can also help you file an application for judicial review, appeal a Home Office decision, or represent you at immigration tribunals or an appellate court.

Call IAS today on +44 (0)333 414 9244 to know more about our bespoke services and to discuss your scenario.