Extensions, switching and varying existing applications
Extensions, switching and varying existing applications

The following Immigration practice note provides comprehensive and up to date legal information covering:

  • Extensions, switching and varying existing applications
  • Leave to remain application submitted to the Home Office when the applicant is outside the UK
  • When should the application be made?
  • Extension of leave application
  • Switching application
  • Indefinite leave to remain application
  • Applications for leave to remain by overstayers
  • Issues that may arise in leave to remain applications
  • General grounds for refusal
  • Extension of leave
  • More...

STOP PRESS: This Practice Note is being updated to reflect changes to the Immigration Rules further to Statement of Changes in Immigration Rules HC 813. For further information on these changes, see: LNB News 22/10/2020 80. See also Practice Note: The post-Brexit immigration system: what will it look like?

A person with leave to enter or remain in the UK, who wishes and is permitted to apply to stay beyond the date their current leave expires, or who wishes to change immigration category is generally required to make an application when in the UK to the Home Office to vary their leave. Applying in the UK—overview provides a summary of the different types of in-country leave application, ie applications submitted in the UK.

A person’s leave may be varied:

  1. by restricting, enlarging or removing the limit on its duration, or

  2. by adding, varying or revoking conditions attached to a person's leave. See Practice Note: Conditions of leave for further details

A person with leave can ask an immigration officer to vary it on arrival in the UK; see Applying in the UK—overview. An immigration officer is not obliged to consider an application for variation on arrival in the UK and in practice will rarely do so. The vast majority of variation of leave applications are made to the Home Office after arrival.

This

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