My friend has her appointment booked for the 27th at the peo Birmingham she thought her visa expired on the 28th
But she has just noticed it expired on the 25th
Do you think this will be a problem or not because she made her peo appointment before the expiry date
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.
No she is going to her PEO appointment herself
When she has her appointment, she will be overstay by 2 days but she had made her PEO appointment before the expiry date, so I thought all should be ok
With a bit of luck they will accept her application. I know it's only 2 days and 1 of those days was a Bank Holiday, but they are the rules ..
If they refused her application as being invalid, then it looks like if she makes a new application with 28 days of her visa expiring then her overstaying will not affect her application. But if they do refuse her application, seek legal advice. Like I said, she might be able to get free advice from your local Law Centre,
As I said, they might tell her to apply again, thou she'll probably have to pay again. Would have to check about refunds and invalid applications.
Photocopy her application form, so that if you have to apply again, you can just copy most of the answers
She's not paid the SET(O) fee yet, has she?
Mght be wise to tell the person before she pays that her visa has expired by 2 days. No point in paying if they will say her application is invalid.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
Quote Reply
