Search Properties

Overstay

Our client, who is married to a British national, has been granted leave to remain under the ten year route last week. She had overstayed her visa by mistake for over 20 days. Our client was on a five year route visa. She was seeking an extension of another two and half year period which would have taken her to complete five years on the spousal route. Therefore would have made her entitled to make an application for indefinite leave to remain. Unfortunately, she forgot about the expiry date of her visa by two weeks. There is no grace period of 28 days since 24 November 2016. If an application is made within 14 days of the expiry of an existing visa, then the overstay may be disregarded as per Paragraph 39E of the immigration rules. However, the applicant has to provide in/with the application a good reason beyond his/her control why the application could not be submitted in time. Our client's application was allowed, but it was allowed under the ten year route and not under the five year route because forgetting the expiry date of a visa does not amount to be a good reason beyond the applicant's control. So, it is crucial that the application is made before the visa expires. Our client has a British child. Therefore, she was granted leave to remain under the ten year route. Otherwise, she would have had to go to her home country to make an entry clearance application.

Our client was on a five year route visa. She was seeking an extension of another two and half year period which would have taken her to complete five years on the spousal route. Therefore would have made her entitled to make an application for indefinite leave to remain. Unfortunately, she forgot about the expiry date of her visa by two weeks. There is no grace period of 28 days since 24 November 2016. If an application is made within 14 days of the expiry of an existing visa, then the overstay may be disregarded as per Paragraph 39E of the immigration rules. However, the applicant has to provide a good reason beyond his/her control why the application could not be submitted in time. Our client's application was allowed, but it was allowed under the ten year route and not under the five year route because forgetting the expiry date of a visa does not amount to be a good reason beyond the applicant's control. So, it is crucial that the application is made before the visa expires. Our client has a British child. Therefore, she was granted leave to remain under the ten year route. Otherwise, she would have had to go to her home country to make an entry clearance application.

Share Story
Back to Blog