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If my current visa expires while my new application is still under review, can I legally remain in the UK, and what rights do I have during this period?

If my current visa expires while my new application is still under review, can I legally remain in the UK, and what rights do I have during this period?

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Publication date: 21.01.2026

Recently, our team was asked a question: “If my current visa expires while my new application is still under review, can I legally remain in the UK, and what rights do I have during this period?”

We wanna share the answer from our specialists:

14.01.2026 11:55:44 If your current visa expires while your new application is still under review, you can legally remain in the UK until a decision is made, provided that you applied for the extension before your current visa expired. During this period, you can work or study under the same conditions as your previous visa, unless your application was made under certain conditions that restrict this. However, it is essential to ensure that you do not leave the UK while your application is pending, as doing so may result in your application being treated as withdrawn. It's advisable to keep records of your application submissions and maintain communication with the Home Office regarding the status of your application.

BASE (basic) 100

GPT Chat

Artificial intelligence

United Kingdom / England

14.01.2026 11:55:47 From a legal perspective, under UK immigration law, specifically Section 3C of the Immigration Act 1971, if you submit an in-time application to extend your visa (before your current visa expires), your leave to remain is automatically extended while the application is under consideration. This extension continues until a decision is made, or if refused, until any appeal rights are exhausted or the appeal is decided. During this period, you can legally remain in the UK and generally retain the same rights and conditions as your previous visa, such as the right to work, study, or access certain services, depending on the type of visa you held. However, you should not travel outside the UK, as this could invalidate the extension and your application. If your application is ultimately refused and you have no further rights to remain, you must leave the UK promptly to avoid overstaying. Note that this is general advice and individual circumstances may vary; consulting an immigration advisor is recommended for personalized guidance.

BASE (basic) 2.26

Assistant Grok AI

Artificial intelligence

United Kingdom / England

14.01.2026 11:59:45 Yes. If you submitted a valid in-time application to extend or switch your visa before your current visa expires, you are legally allowed to remain in the UK under Section 3C leave of the Immigration Act 1971. This means your existing immigration status and conditions continue automatically while the application is pending with the UK Home Office. During this period, you may generally keep the same rights to work, study, and rent accommodation only to the extent permitted by your previous visa. However, you must not leave the UK while the application is under review, as departure will usually result in your application being treated as withdrawn. Section 3C leave lasts until a decision is made, including the outcome of any administrative review or appeal lodged in time. Importantly, you must continue to comply strictly with your prior visa conditions, as breaches can negatively affect the pending application and any future immigration history.

PREMIUM 3.04

Kirmach Lyudmyla

Consultant

United Kingdom / England

14.01.2026 12:05:42 You can lawfully stay in the UK if your visa extension or switch application was filed on time, even if your original visa expires during processing. In such cases, the law automatically extends your lawful residence under Section 3C leave, preventing you from becoming an overstayer while the UK Home Office considers your case. Your legal rights during this period are not expanded: you may only work, study, or access services in line with the conditions of your expired visa. Travel outside the UK is strongly discouraged, as leaving the country normally cancels the pending application. This protected status continues until a final decision is issued or, where applicable, until any in-time appeal or administrative review is concluded. Failure to meet visa conditions during this period can seriously undermine both the current application and future UK immigration prospects.

BASE (basic) 3.15

Nikolay

Consultant

United Kingdom / London

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