ILR Application Pending – What Happens If My Visa Expires Before a Decision

My apologies if this has been asked before, but I was unable to find a similar query.

I’m in the process of applying for Indefinite Leave to Remain (ILR) and need some guidance regarding my status if my current visa expires before my ILR application is processed.

My Situation:
Current Visa : Skilled worker visa
ILR Route -> 5 year route
Current Visa Expiry Date: 12th December 2024
Planned date for ILR Application : 10th Sept 2024
BRP Submission / Appointment : 15th Sept 2024 (assumed)

Given that ILR processing can take up to 6 months or more, I’m concerned about what happens if I don’t receive a decision by 12th December, when my current visa expires.

• Can I continue to work with my current sponsor after my visa expiry date while my ILR application is still under consideration?

• Am I allowed to remain in the UK after my visa expiry date, given that my ILR application is still in progress and I have submitted it before my current visa has expired

Yes and yes

That was a super prompt response, thanks a bunch!

Could you please point me to the section of the official document stating this.
I wasn’t able to find a comprehensive document covering this situation, similar to the one on Calculating continuous period

It would be incredibly helpful to me

Google "Section 3C of the immigrarion rules", which explains it.

Noting happens. When you apply for a new application before visa expiry (i.e. an in-time application), the provisions under Section 3C of the Immigration Act 1971 get engaged when your visa expires. This means your current visa and all of its privileges are automatically extended (after your visa expires) until a decision is made on your pending application. Note that the time spent waiting for the outcome of your pending application is still considered lawful residence. So you continue accumulating lawful residence time while waiting.

See: Applicants can benefit from the date of the ILR decision

rahulsrivastv wrote: ↑

Sun Sep 01, 2024 8:41 pm

That was a super prompt response, thanks a bunch!

Could you please point me to the section of the official document stating this.
I wasn’t able to find a comprehensive document covering this situation, similar to the one on Calculating continuous period

It would be incredibly helpful to me

FYI That document you linked does NOT apply to the skilled worker route