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Booking PEO appointment one day before current visa expires?

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star33_33
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Posts: 1
Joined: Sat Dec 26, 2015 12:20 am

Booking PEO appointment one day before current visa expires?

Post by star33_33 » Tue Jan 26, 2016 1:57 am

Hello,

URGENT HELP/ADVICE NEEDED!

I am going to be applying for ILR (Set LR) soon as I have completed the 10 year qualifying period back in September 2015 itself. I have had no gaps in lawful residence as more than stated under the rules and have completed the LIUK test and have the required documents ready. But my grave problem is that,
My current stay (Tier 4 student visa) expires on the 30th of January (This Saturday!) I want to book online appointment at the PEO, but will only be able to do this on the 29th as I am having problems with my finances and cant book untill the 29th when I will be able to pay for it! :( Applying via post isn't an option for me as I have important travel plans within the next four months and cannot risk it whatsoever.

My question is, if i book it online on the 29th (a day before my current visa expires) I would get an appointment only after the 1st Feb (after my visa has expired) So would this mean I will be making an 'OUT OF TIME' application even though I would have booked and paid for it within my current visa being valid?

Admins/any one please shed a light on this urgently - really appreciate useful suggestions and help.

Regards

martinstroke
Junior Member
Posts: 50
Joined: Sat Sep 19, 2015 3:03 am

Re: Booking PEO appointment one day before current visa expi

Post by martinstroke » Tue Jan 26, 2016 5:45 am

HI,

I believe that if you go through the PEO site properly, you should be able to make an appointment a week before the expiration of your visa. I would strongly advice you not to apply a day after your visa expires as you might not be given an administrative review should there be problems with your application, even though you are not an overstayer yet considering you will have the 28days rule covering you when your visa expires.

Out of curiosity, why have you not applied since you have been due since September 2015, that would have been the best thing to do.

Hope that helps you. :D

secret.simon
Moderator
Posts: 11220
Joined: Thu Feb 21, 2013 9:29 pm

Re: Booking PEO appointment one day before current visa expi

Post by secret.simon » Tue Jan 26, 2016 6:49 am

martinstroke wrote:even though you are not an overstayer yet considering you will have the 28days rule covering you when your visa expires.
I believe that this advice is incorrect. The OP does become an overstayer the day after his visa expires. But the 28 days grace period means that that will not be taken into account for immigration purposes. It will almost certainly be taken into account for naturalisation purposes as an overstay and he likely will get a 10 year ban from citizenship. Naturalisation is not a part of the immigration process, which terminates at ILR/PR.

To the OP; can you not borrow the requisite funds? As I mentioned above, this may have a negative impact on your citizenship.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

WR1
Senior Member
Posts: 764
Joined: Sat Jan 04, 2014 11:08 am

Re: Booking PEO appointment one day before current visa expi

Post by WR1 » Tue Jan 26, 2016 1:11 pm

Can you not pay on credit card or arrange an overdraft?

You have left it till the last minute with very limited options. Booking date has no relevance on your visa expiry, its the date of the PEO that is important and even more important, if you will succeed in obtaining ILR on the day (lets not assume ILR is guaranteed).
I am not an immigration adviser
Any views expressed are my own opinion and should not be considered as legal advice
No liability is accepted for the content and for the consequences of any actions taken on the basis of the information provided

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