What do we mean by ‘Date of Application’?
9.
If you are applying from inside the UK, the date of your application will be taken to be the
following:
•
where the application form is sent by post, the date of posting,
•
where the application form is submitted in person, the date on which it is accepted by
a Premium Service Centre of the Home Office,
•
where the application form is sent by courier, the date on which it is delivered to the
Home Office, or
•
where the application is made via the online application process, on the date on which
the online application is submitted.

Too late to even post it or even try and get a same day one (see below) Hopefully everything will be ok. If they refuse her application, might be time to seek legal advice. Your local Law Centre should have an immigration solicitor who might give her free advice because of her circumstances. Are you going with her to the PEO?


For leave to remain applications decided on or after 1 October 2012, overstayers will be refused permission if they are in breach of the immigration laws unless that breach is an overstay of 28 days or less.

The definition of ‘in breach of the immigration laws’ has also been inserted into the Rules from 9 July 2012 and is defined as:

"…being without valid leave where such leave is required, or in breach of the conditions of leave."

Therefore, from 1 October 2012, overstayers can only apply again from inside the UK within 28 days of the date of overstay to avoid being refused on this basis.