Leave to remain is permission to stay in the UK, given to a person who is already in the country and is not a British citizen. It can be limited or indefinite and may carry conditions. The Immigration Rules also call it permission to stay, and the term includes extending or varying existing leave.
Key points
- Leave to remain is permission to stay in the UK. It can be given for a limited or an indefinite period, and limited leave may carry conditions.
- The Immigration Rules call it permission to stay. It includes extending or varying existing leave.
- An application for permission to stay must be valid. An invalid application can be rejected and not considered.
- If you apply before your limited leave expires and it has not been decided, section 3C extends the leave while the application is pending.
- Section 3C leave lapses if you leave the UK, and you cannot make another variation application while it applies.
How leave to remain works
Section 3 of the Immigration Act 1971 says a person who is not a British citizen may be given leave to enter the UK or, when already there, leave to remain. The leave may be for a limited or an indefinite period.[1]UK Parliament, Immigration Act 1971, section 3: General provisions for regulation and control Leave to remain is the permission you hold when you are already in the UK.
The Immigration Rules use a second name for it. They say “permission to stay” has the same meaning as leave to remain, and that it includes a variation of leave and an extension of leave. An “application for leave to remain” includes an application to vary the leave of a person who is already in the UK.[2]Home Office, Immigration Rules: introduction
Leave to remain is related to leave to enter. Leave to enter is for coming into the UK. Leave to remain is for staying once you are here.
Leave to remain that is for a limited period can come with conditions, for example restricting work or studies, or requiring you to manage without recourse to public funds.[1]UK Parliament, Immigration Act 1971, section 3: General provisions for regulation and control Our page on limited leave to remain goes into the time limit and the conditions.
Making a valid application
An application for permission to stay must follow paragraph 34 of the Immigration Rules. The main requirements are these.[3]Home Office, Immigration Rules part 1: leave to enter or stay in the UK
| Requirement | What the Rules say |
|---|---|
| Form | Use the application form specified for the category on the date you apply. A form is specified when it is on the visa and immigration pages of GOV.UK |
| Mandatory sections | All must be completed |
| Fee | Paid in full, unless a fee waiver has been granted in whole or in part |
| Immigration Health Surcharge | Paid where it is required |
| Proof of identity | A valid passport. If you do not have one, a valid national identity card. If you have neither, your most recent passport or identity card, or failing that a valid travel document. There are some exceptions |
| Under 18 | A parent or legal guardian must give written consent |
| Process | Follow the process on GOV.UK, including the invitation to enrol biometrics, making the appointment and giving any evidence requested |
An application that does not meet paragraph 34 can be rejected as invalid and not considered.[3]Home Office, Immigration Rules part 1: leave to enter or stay in the UK The Home Office may notify you of an error and give you one opportunity to correct it within the time it sets. If you do not correct it, the application is invalid unless the Secretary of State chooses to treat it as valid.[3]Home Office, Immigration Rules part 1: leave to enter or stay in the UK
Where you have an outstanding application that has not been decided, any further application is treated as a variation of the earlier one, and only the most recent is considered.[3]Home Office, Immigration Rules part 1: leave to enter or stay in the UK
Extending your leave
The Skilled Worker visa shows how extension works on one route. GOV.UK says a Skilled Worker visa can last for up to 5 years before you must extend it, and that you can apply to extend as many times as you like if you still meet the requirements. You apply online, and how you apply depends on whether you are extending, switching from another visa or coming from outside the UK.[5]Home Office, Skilled Worker visa If you change job or employer on this route you must apply to update your visa.[5]Home Office, Skilled Worker visa GOV.UK says a decision usually takes 8 weeks if you are inside the UK.[5]Home Office, Skilled Worker visa
After 5 years you may be able to apply to settle, which is called indefinite leave to remain.[5]Home Office, Skilled Worker visa
What happens while a decision is pending
Section 3C of the Immigration Act 1971 protects people who apply in time. It applies if you have limited leave and apply for a variation of it before it expires, and the leave expires before the application is decided.[4]UK Parliament, Immigration Act 1971, section 3C: Continuation of leave pending variation decision Your leave is then extended while your application is neither decided nor withdrawn. It stays extended while an appeal could be brought or is pending, and while an administrative review could be sought or is pending.[4]UK Parliament, Immigration Act 1971, section 3C: Continuation of leave pending variation decision
Three limits apply. Section 3C leave lapses if you leave the UK. You cannot make another application to vary your leave while it applies. It may also be cancelled if you have failed to comply with a condition or have used deception in seeking leave.[4]UK Parliament, Immigration Act 1971, section 3C: Continuation of leave pending variation decision We cover this in our page on section 3C leave.
Example
Hana holds a Skilled Worker visa that ends on 30 June. On 10 June she applies online to extend it. Her application is not decided by 30 June. Because she applied before her leave expired, her leave is extended under section 3C while the application is undecided. She does not make a second application, since that would be treated as a variation of the first.[3]Home Office, Immigration Rules part 1: leave to enter or stay in the UK[4]UK Parliament, Immigration Act 1971, section 3C: Continuation of leave pending variation decision
What people get wrong
Submitting an application does not make it valid. The Immigration Rules say an application for permission to stay that does not meet the paragraph 34 requirements can be rejected as invalid and not considered.
The second mistake is applying late. Section 3C only applies if the variation application is made before the leave expires.[4]UK Parliament, Immigration Act 1971, section 3C: Continuation of leave pending variation decision The third is leaving the UK while an application is pending. Leave extended under section 3C lapses if the applicant leaves the UK.[4]UK Parliament, Immigration Act 1971, section 3C: Continuation of leave pending variation decision
The bottom line
Leave to remain is permission to stay in the UK, and the Immigration Rules call it permission to stay. It can be limited or indefinite. To extend it you must make a valid application before the current leave runs out. Section 3C then continues your leave while the Home Office decides, until the decision or any appeal or review is finished. Check the rules for your route before you apply.
Common questions
Yes. The Immigration Rules say permission to stay has the same meaning as leave to remain under the Immigration Act 1971. It includes a variation of leave and an extension of leave.
Among other things, you use the specified form, complete the mandatory sections, pay the fee and any Immigration Health Surcharge, prove your identity and follow the biometrics process. A valid application is needed before the Home Office will consider it.
If you applied before your limited leave expired, section 3C of the Immigration Act 1971 extends it while the application is undecided, and while an appeal or administrative review is possible or pending. It lapses if you leave the UK.
A further application is treated as a variation of the earlier one, and only the most recent application is considered. Under section 3C you also cannot make a new variation application while your leave is extended by it.
Sources
We cite the Immigration Rules, legislation and GOV.UK guidance directly. Rules change, so each source shows the date we last checked it.
- UK Parliament. Immigration Act 1971, section 3: General provisions for regulation and control. Checked 11 November 2026. ↩
- Home Office. Immigration Rules: introduction. Checked 11 November 2026. ↩
- Home Office. Immigration Rules part 1: leave to enter or stay in the UK. Checked 11 November 2026. ↩
- UK Parliament. Immigration Act 1971, section 3C: Continuation of leave pending variation decision. Checked 11 November 2026. ↩
- Home Office. Skilled Worker visa. Checked 11 November 2026. ↩