Leave to remain (visa) application process (for in-country applicants)
Once a Tier 5 Certificate of Sponsorship is issued to a migrant, they must apply for leave to remain in the UK visa within three months of the date that their Certificate of Sponsorship is issued, or before their existing visa expires, whichever is sooner. This applies to all in-country Tier 5 temporary worker applicants. After three months the certificate will lapse and can no longer be used to support a visa application.
Leave to remain (visa) application process
It is the responsibility of the migrant to complete the leave to remain application form, although the Work Permits Desk can offer guidance on this. It is essential to ensure that the migrant has signed the declaration page.
The Work Permits Desk will, where possible, check Tier 5 leave to remain visa applications from in-country applicants (and from their dependants, where applicable) and submit these to the UK Border Agency on behalf of the migrant.
Please note that the Work Permits Desk cannot guarantee the successful outcome of any leave to remain application since this decision is made by the UK Border Agency and not by the University.
Where possible, departments and colleges are advised to submit leave to remain visa applications to the Work Permits Desk no later than eight weeks before the migrant's visa is due to expire to allow sufficient time for the application to be checked, issues resolved, and submitted to the UK Border Agency.
The Work Permits Desk cannot guarantee to be able to check any leave to remain applications received later than three working days before the migrant's visa is due to expire. In such circumstances, the Work Permits Desk will, where possible, submit the application to the UK Border Agency as it is received.
Migrants are strongly advised not to make any travel plans until they have received their passport and visa back from the UK Border Agency. Once a postal application is made, the Work Permits Desk cannot request a progress update from the UK Border Agency unless the application has been outstanding for more than six months (although applications rarely take longer than 8 weeks). Unfortunately, the date of return of a migrant's documents cannot be guaranteed.
If the migrant has a spouse or children who also need to extend their leave to remain, their details will need to be completed on the main migrant's application form, but each dependant will also need to complete a separate application form.
Dependants will be required to sign their own application forms, except children, in which case the parent can sign. Dependant applications can be submitted along with the main migrant's application.
Migrants will be required to show that they have extra maintenance funds available for each dependant.
Please see Tier 5 leave to remain (visa) application guidance (in-country) 
(118kb) for details of the supporting documents that will be needed for this application. The relevant guidance document will be sent to the migrant by the Work Permits Desk by email together with their Certificate of Sponsorship.
Applying in person
Migrants may make an application for a Tier 5 Leave to Remain visa from within the UK in person at one of the UK Border Agency's Public Enquiry Offices although this does cost considerably more. The fee for an application made in person is the relevant standard fee plus £375 per person (this includes a £100 appointment fee paid at the time of booking which may be retained if the applicant fails to attend their appointment without good reason, the appointment is cancelled without good reason and not rebooked, or the application is withdrawn before the appointment).
The nearest Public Enquiry Offices to Oxford are in Birmingham and Croydon.
Migrants can find more information about how to book an appointment at these offices on the UK Border Agency website
When applying in person, the applicant should receive a decision on their application the same day. However, their Biometric Residence Permit (equivalent to a visa) will not be available immediately, and will be sent to the applicant within ten working days of the date of their appointment.
Biometric enrolment process
Migrant researchers (and their dependants) applying for a Tier 5 grant of leave from within the UK will need to have their biometrics (fingerprints and photographs) taken before a decision is made on their application. Migrants will be issued with a Biometric Residence Permit (BRP), rather than a work visa or vignette in their passport.
Once the UK Border Agency receives a Tier 5 Grant of Leave application, the migrant (and any accompanying dependants) will be identified as needing to give their biometric details and will be sent a letter inviting them to do so within 15 working days of receiving the letter. Migrants can find more information about enrolling their biometric information on the UK Border Agency's website.
Migrants who have submitted their application to extend their stay by post or online may enrol their biometric information at one of the Post Office branches offering this service across the UK, information about this process can be found in the UK Border Agency's biometrics guidance for postal applications. Please note that the Post Office charges a fee for each person enrolling their biometric information. There is no need to book an appointment at the Post Office as it is a walk-in service but you can only use the service after you have received a letter inviting you to do so. The Post Office is open from 09:00 - 17:30 Monday to Saturday.
Migrants who have made an appointment to submit their application in person will enrol their biometric information at the time of their appointment.
When enrolling their Biometric information migrants must ensure that they take the following information with them:
- the complete original letter from the UK Border Agency inviting the migrant to submit their biometric information (including the back page which contains a barcode and the applicant's case reference number, full name and date of birth), the Post Office will not be able to proceed with their enrolment if the complete letter is not presented.
- sufficient payment for the service (when enrolling your biometric information through the Post Office fees can be paid by cash or debit card only).
Any applicant under the age of 16 must be accompanied by a responsible adult. If the responsible adult is the parent, they must bring either the letter they received from the UK Border Agency inviting them to use the biometric enrolment service or photo identification such as a UK photocard driving licence, passport or national identity card. If the responsible adult is the child's legal guardian or someone else who is not a parent, they must bring one of the forms of photo identification listed above as well as a letter confirming that they are a responsible adult who has a close connection to the child and who has been authorised to accompany him or her to enrol their biometric information.