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Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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If someone has a residence permit with 'leave to remain'

Customer Question

If someone has a residence permit with 'leave to remain' with 'Work Permitted' - does this mean the person has the right to stay in the country because they are married to a UK national and are allowed to take a job if they want to?

Or does it mean they have to work in order to have the permit to stay?

What happens when their permit expires, are they allowed to apply to extend this? Would they then be allowed to apply for indefinite leave to remain?

Submitted: 1 year ago.
Category: Immigration Law
Expert:  Buachaill replied 1 year ago.

1. If someone has "leave to remain" and "work permitted", this means that the person has the right to both live and work in the UK and can continue doing so until the expiry of the visa. If they are married to a uK national, the visa would normally be for 2.5 years. However, it can be longer. At the end of the visa, the person can apply for a renewal of the visa. There is no requirement that they have to work to stay. They can stay whether they are working or not. Be aware that after five years on the visa, they may seek "Indefinite Leave to Remain" which means they no longer have to apply for a visa. They can then apply for UK citizenship one year later.

Expert:  Buachaill replied 1 year ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.

Thank you.

How many months before the expiry date would the person need to apply for the extension?

So if the person was given the 2.5 years initially, when would they need to apply and when would they know if they would be given the extension?

Expert:  Buachaill replied 1 year ago.

3. An application should be made nine weeks before the expiry date of the visa. However, be aware that once you make an application for the extension or renewal of the existing visa you cannot be deported during the process of applying for the visa. Secondly, the applicant would normally know within the nine week period if the application is successful.