Applying for permission to stay in the UK
If you’re not a British citizen, you need to get permission from the government to stay in the UK legally. Depending on the kind of permission you have, you might be allowed to work, access public services like education or healthcare, or access financial support from the government.
Most kinds of permission have an expiry date, which means you will need to extend the permission, apply for another kind of permission, or leave the UK by this date.
To apply for permission to stay in the UK, you need to have a specific reason that the government recognises. The list of specific reasons includes seeking protection or asylum, coming to live with a family member who already has a right to be in the UK, being a victim of trafficking or domestic abuse, having lived in the UK for a long time, and coming to study or work.
You can read about these on the Right to Remain Toolkit and the UK government website. You can also find support to help you understand which of these reasons might be available to you.
There are different kinds of support to help you with your application to stay in the UK.
Migrant support organisations may be able to give you some level of support for free, such as explaining how the application process works.
For reliable advice on your specific situation, try to get legal advice from an advisor or lawyer who has official accreditation from the Office of the Immigration Services Commissioner (OISC). This accreditation shows that they have specialised training in immigration law.
There is a limited amount of free legal advice, which could include short drop-in sessions, student law clinics, or through the Citizens Advice or Law Centres network.
If you can afford to pay for legal fees yourself, you will find it much easier to get legal advice.
It is important to understand clearly how much you will be paying. Sometimes the fees will be calculated depending on how many hours they work on your case. In this case, you can tell them a maximum amount that you’re able to pay, so that they will not do any more work over that amount. Another way for them to charge is a fixed fee, which would mean that you know in advance how much the total bill will be. They might also offer you a “no win, no fee” basis, which means you pay nothing if you don’t win.
If you can’t afford to pay a private lawyer, you might be able to apply for help with legal costs through a scheme called ‘legal aid’. This is a government scheme that helps people who can’t afford to pay their own legal costs.
Legal aid is only available for specific kinds of legal cases. You usually have to show that you have a serious problem, and that you can’t afford to pay for legal help yourself. Even if you can do this, sometimes it is still not possible to get legal aid. If you do manage to get it, you still may need to pay some money towards the legal costs yourself.
You can use an online tool to find out if you might qualify for legal aid. You might also be able to speak to Civil Legal Advice to help you understand your options.
If you need legal aid, some but not all legal advisers will be able to help you. You can find out which ones accept legal aid clients with this tool.
Contact the law practice to tell them about your case, and that you are seeking legal aid.
They may offer you a first session for free or for a discounted rate. If this happens you will need to collect all relevant documents about your case, as well as evidence of your income, such as bank statements.
If they decide they can help you, and if you agree to their fees, they will assign a solicitor to your case.
Finding an immigration lawyer who can help you may not be easy. You can use the OISC Advisor finder, or contact a migrant support organisation, who might be able to suggest a lawyer.
You can read more about this at the Right to Remain Toolkit.
As immigration processes are often very complicated, it’s usually best to get expert advice if you can.
Depending on how complex your case is, you may decide to complete the whole application process on your own. The government does provide detailed information about the rules, and there are many guides available online. But finding out exactly which rules apply to you can be difficult, and you will need to read a large amount of technical writing in order to understand the rules thoroughly. For this reason, many people seek help from an immigration advisor to help them through the process.
There are very different application processes and evidence requirements depending on the kind of application you are making.
You can read about these on the Right to Remain Toolkit or the UK government website, or get advice from someone who can help you understand the process.
It can take a significant amount of time to collect the evidence you need before you can submit your application.
After submiting the application, you will need to wait for the Home Office to process it. The processing time depends on the kind of application you are making, as well as how busy the Home Office is at the time you apply.
The cost depends on the kind of application you are making, with some being free and others costing thousands of pounds. For some applications you will also need to pay a separate fee to the NHS.
If you are getting someone to help you with the application, such as an immigration laywer, this might also cost money.
Most kinds of permission to stay are only for a limited period of time, but many of these can be extended, and some people can apply for a permanent right to stay in the UK.
Depending on your circumstances, you may be able to get support from the government, such as free accommodation.
You can get advice to understand what your rights are.
The Home Office will provide you with confirmation of the immigration status you have been given, usually with a date that it is valid from, and when it will expire.
Your immigration status determines the support you are entitled to get from the government. If your immigration status is changing, your entitlement may change.
You can get advice from support organisations or an immigration advisor to help you understand this. You can also read about this topic on the NRPF network website.
'No recourse to public funds' (NRPF) means that you’re a migrant who isn’t allowed most kinds of financial support or housing from the government. You have NRPF if your right to stay in the UK is only for a limited amount of time, and the words 'no public funds' is on your e-visa, residence permit, or entry clearance vignette.
There are some welfare benefits and public support services which can still be accessed by people with NRPF status.
If you have an official document that confirms your immigration status, such as a biometric residence permit, a decision letter from the Home Office, or an online immigration status, then check this for the words 'no public funds'.
The NRPF network website page explains in detail who has recourse to public funds. An immigration adviser can help you understand your right to public funds.
In some cases, such as if you have children or if someone in your household is disabled, then you may be able to get some support from the government. You can read more about this on the NRPF network website.
There are charities that may be able to help you with basic needs.
In some cases you can apply to have your 'no recourse to public funds' condition removed, which would give you access to more government support. You can read about this on the NRPF network website.
If you are already getting support from an immigration advisor, talk to them about the rejection decision and any possible options you may have to appeal or to re-apply.
If you aren't getting support from an immigration advisor, getting one now will help you decide on your next step.
If the Home Office sends you a letter refusing your application, keep the letter safe, as it may contain important information that would be useful if you decide to appeal or re-apply.
There are different kinds of support to help you with your application to stay in the UK.
Migrant support organisations may be able to give you some level of support for free, such as explaining how the application process works.
For reliable advice on your specific situation, try to get legal advice from an advisor or lawyer who has official accreditation from the Office of the Immigration Services Commissioner (OISC). This accreditation shows that they have specialised training in immigration law.
There is a limited amount of free legal advice, which could include short drop-in sessions, student law clinics, or through the Citizens Advice or Law Centres network.
If you can afford to pay for legal fees yourself, you will find it much easier to get legal advice.
It is important to understand clearly how much you will be paying. Sometimes the fees will be calculated depending on how many hours they work on your case. In this case, you can tell them a maximum amount that you’re able to pay, so that they will not do any more work over that amount. Another way for them to charge is a fixed fee, which would mean that you know in advance how much the total bill will be. They might also offer you a “no win, no fee” basis, which means you pay nothing if you don’t win.
If you can’t afford to pay a private lawyer, you might be able to apply for help with legal costs through a scheme called ‘legal aid’. This is a government scheme that helps people who can’t afford to pay their own legal costs.
Legal aid is only available for specific kinds of legal cases. You usually have to show that you have a serious problem, and that you can’t afford to pay for legal help yourself. Even if you can do this, sometimes it is still not possible to get legal aid. If you do manage to get it, you still may need to pay some money towards the legal costs yourself.
You can use an online tool to find out if you might qualify for legal aid. You might also be able to speak to Civil Legal Advice to help you understand your options.
If you need legal aid, some but not all legal advisers will be able to help you. You can find out which ones accept legal aid clients with this tool.
Contact the law practice to tell them about your case, and that you are seeking legal aid.
They may offer you a first session for free or for a discounted rate. If this happens you will need to collect all relevant documents about your case, as well as evidence of your income, such as bank statements.
If they decide they can help you, and if you agree to their fees, they will assign a solicitor to your case.
Finding an immigration lawyer who can help you may not be easy. You can use the OISC Advisor finder, or contact a migrant support organisation, who might be able to suggest a lawyer.
You can read more about this at the Right to Remain Toolkit.
As immigration processes are often very complicated, it’s usually best to get expert advice if you can.
Depending on how complex your case is, you may decide to complete the whole application process on your own. The government does provide detailed information about the rules, and there are many guides available online. But finding out exactly which rules apply to you can be difficult, and you will need to read a large amount of technical writing in order to understand the rules thoroughly. For this reason, many people seek help from an immigration advisor to help them through the process.
It’s important to know when your permission to be in the UK expires, so that you don’t stay longer than you are allowed to. If you don’t know when your permission expires, get advice from an immigration advisor.
The way to extend your permission will depend on your circumstances. Getting advice from an immigration advisor will help you find out if this will be possible for you and how to do it.
This puts you at risk of being forced to leave the UK and being banned from coming back. Even if this doesn't happen, it can still make it harder for you to apply for permission to stay in the UK in the future.
Living in the UK without permission to stay can make everyday life more difficult. For example, it may be hard or impossible for you to rent accommodation, to access education, or to get a job. It also can make you more vulnerable to exploitation by an employer or landlord, as it will be harder for you to claim your rights. If you contact an official institution, if they find out that you are staying in the UK without permission then they may report you to the Home Office.
If you are in this situation, getting advice from an immigration advisor will help you find the best course of action. It may be possible for you to apply to get the legal right to stay.
Becoming a British citizen means that you get the same rights as all British citizens, including the right to get a British passport. There are various situations which would allow you to apply for citizenship, including if you have already had residence for 1 year.
If you have already been living in the UK with permission for a certain period of time, you might be able to apply for the right to live in the UK without a time limit. The technical terms for this are ‘indefinite leave to remain’ or ‘settlement’.
When you have this status, you have the right to apply for the same state benefits as British citizens.
The way you apply depends on your circumstances, but in most cases you will need to have already been living in the UK for at least 5 years. People who can apply for this include people with refugee status, people who have family in the UK, as well as people who have some kinds of work visas.
You can read more about this on the UK government website.
If you have family members living abroad, there are situations where it may be possible for them to get the right to stay in the UK. Seek legal advice to understand your options.
'No recourse to public funds' (NRPF) means that you’re a migrant who isn’t allowed most kinds of financial support or housing from the government. You have NRPF if your right to stay in the UK is only for a limited amount of time, and the words 'no public funds' is on your e-visa, residence permit, or entry clearance vignette.
There are some welfare benefits and public support services which can still be accessed by people with NRPF status.
If you have an official document that confirms your immigration status, such as a biometric residence permit, a decision letter from the Home Office, or an online immigration status, then check this for the words 'no public funds'.
The NRPF network website page explains in detail who has recourse to public funds. An immigration adviser can help you understand your right to public funds.
In some cases, such as if you have children or if someone in your household is disabled, then you may be able to get some support from the government. You can read more about this on the NRPF network website.
There are charities that may be able to help you with basic needs.
In some cases you can apply to have your 'no recourse to public funds' condition removed, which would give you access to more government support. You can read about this on the NRPF network website.
This puts you at risk of being forced to leave the UK and being banned from coming back. Even if this doesn't happen, it can still make it harder for you to apply for permission to stay in the UK in the future.
Living in the UK without permission to stay can make everyday life more difficult. For example, it may be hard or impossible for you to rent accommodation, to access education, or to get a job. It also can make you more vulnerable to exploitation by an employer or landlord, as it will be harder for you to claim your rights. If you contact an official institution, if they find out that you are staying in the UK without permission then they may report you to the Home Office.
If you are in this situation, getting advice from an immigration advisor will help you find the best course of action. It may be possible for you to apply to get the legal right to stay.
You may be able to get permission to stay in the UK separately from your partner. You can read about how to do this at the Right to Remain website.
There are also organisations that can support you with domestic abuse.