One of the most common questions I receive from clients is, “When should I extend my visa?” While the general guidance is to submit your extension application (or, in some cases, your Indefinite Leave to Remain (ILR) application) within 28 days before your current leave expires, this is not a one-size-fits-all rule. The most critical point to remember is that you must submit your application before your leave expires. Failing to do so puts you at risk of becoming an overstayer, which can have serious consequences.

In this post, I will walk you through some of the key challenges you could face if you miss that all-important deadline and give you advice on when to extend your visa.

One of the most significant risks of submitting a late application is that it disrupts your continuous residence, which is essential for qualifying for ILR. Whether you are on the 3-year, 5-year, or 10-year route to settlement, you must maintain lawful and continuous residence for the required period.

For example, if you are on the 5-year partner route, you will need to extend your leave at least once to accumulate the necessary five years. If your extension application is made after your initial leave has expired, it will break your continuous residence, and you will become an overstayer. While there are exceptions to this rule (which I will cover below), generally speaking, a late application resets your residence clock. This means the time you have already spent in the UK will not count toward ILR eligibility.

Additionally, becoming an overstayer could lead to other complications. It is essential to seek expert advice if you find yourself in this situation.

If your visa expires and you have not submitted a timely extension application—and no exceptions apply—you may be forced to leave the UK and apply for re-entry from abroad. But be aware, this is not a guaranteed solution. Depending on your circumstances, your re-entry application could be refused based on general grounds.

Many visa routes require you to have valid leave at the time of your application, and overstaying could lead to a refusal based on suitability requirements. Essentially, if you breach immigration rules by overstaying, the Home Office may deem you unsuitable for further leave or even for switching to a different route. In such cases, I often advise clients to leave the UK and apply from abroad to avoid these issues where this is a suitable solution.

Your application may also be refused purely because of your overstaying. Depending on how long you have overstayed and the visa route you are applying for, you could face a mandatory re-entry ban of 12 months to 10 years. However, there are exceptions: if you overstayed for less than 30 days and left voluntarily without the Secretary of State covering your departure costs, a ban usually will not apply. It is advisable to seek expert advice if you have overstayed for more than 30 days or if you have any other immigration issues.

There are two main exceptions where a period of overstaying can be disregarded:

1. Overstaying is disregarded if you had a good reason, beyond your control, for missing the deadline—provided you apply within 14 days of your leave expiring. However, simply forgetting or being unaware of your visa’s expiry date does not qualify as a good reason.

2. Overstaying is also disregarded under paragraph 39E of the Immigration Rules if you made an in-time application that was later refused, and your new application is submitted within 14 days of:

• The refusal of your previous application,
• The expiry of any leave extended by Section 3C of the Immigration Act 1971,
• The deadline for applying for administrative review or appeal, or
• The conclusion of any appeal or review.

For instance, if you submit a valid extension application and your leave expires while it is being processed, you are covered under Section 3C. If your application is refused, and you submit an appeal within 14 days, any period of overstaying will generally be disregarded.

I recently assisted a client who had been on the 5-year partner route and failed to apply for an extension or ILR before the expiry of his leave. He reached out for advice 17 days after his leave had expired. To ensure he met the requirements, I advised him to leave the UK and submit a fresh application from abroad. Unfortunately, this meant losing his previous 5-year residence period. Although his entry clearance application was successful, his residence clock restarted, and he now has to complete another 5 years before qualifying for ILR.

The key takeaways here are to know exactly when your leave expires, plan ahead, and seek advice if you are unsure. Overstaying can have long-term implications, affecting your ability to apply for ILR, re-enter the UK, and even costing you financially, as immigration fees continue to rise.

At Saracens Solicitors, we have extensive experience handling complex cases and helping clients who have overstayed regularise their status. We can guide you through the process, ensuring you do not break immigration rules and successfully apply for an extension or ILR when the time comes.