How can I apply to extend my stay if I am a work permit holder?

This page explains how you can apply to extend your stay in the UK if you hold a work permit that will expire soon.

This page is for work permit holders from outside Europe. If you are a Bulgarian or Romanian citizen and you have a work permit, you should read the Bulgarian and Romanian workers section.

The system of work permits was replaced by the points-based system for immigration in November 2008. You or your employer cannot apply to extend your work permit.

If your employer holds a licence as a Tier 2 sponsor, they can sponsor you to stay in the UK and work for them under Tier 2 (General) of the points-based system. You can then apply to switch into Tier 2 (General).

Your employer can find information about sponsorship and applying for a sponsor licence in the Sponsoring migrants under the points-based system section. The Tier 2 (General) section explains how you can apply to switch into Tier 2 (General) when you have a certificate of sponsorship from your employer.

You must spend a continuous period of at least 5 years in the UK before you can apply for permission to settle here (also known as 'indefinite leave to remain').

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. Absences must be for a reason that relates to your employment in the UK, or for a serious compelling reason such as a serious illness. Your employer must confirm the reason for your absence if it was related to your work. You must explain the reason for the absence if it was for a serious or compelling reason.

Time spent in the Channel Islands and the Isle of Man may be included in the continuous period, as long as you were given permission to stay as a highly skilled migrant or a self-employed lawyer or as a work permit holder in an occupation that you would have been given a work permit for in the UK. Your most recent permission to stay must have been given in the UK as a work permit holder.

Your current employer must:

 confirm in writing that you are still employed by them; and ;
 confirm in writing that you are being paid at the appropriate salary rate set out in the Codes of Practice. If you are not being paid the appropriate salary rate due to maternity, paternity or adoption leave, your employer must confirm the date your leave started and that you were paid at the appropriate salary rate immediately before the start of that leave.

To prove that you are paid at or above the appropriate rate for the job, you must provide documents specified in the Immigration Rules to evidence your sponsor's certification. These must include:

 your most recent payslip dated no earlier than 1 calendar month before the date of your application; and
 your most recent personal bank or building society statement dated no earlier than 1 calendar month before the date of your application, or a building society pass book showing transactions by the sponsor in the period no earlier than 1 calendar month before the date of your application

If you are not being paid the appropriate rate due to maternity, paternity or adoption leave, the documents you must provide must include:

 your payslip from the month immediately before the start of the leave and your payslips for each month of the leave; and
 your bank statement from the month immediately before the start of the leave and your bank statement for each month of your leave.

You should apply for settlement using application form SET(O). The Settling in the UK section contains more information.

Training and Work Experience Scheme (TWES)

If you currently hold a training work permit and you need to re-sit an examination or a module of the training programme for which your permit was issued, you may be able to apply to extend your stay. For more information, see the Extensions for TWES work permit holders page.