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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
----------zimba wrote: ↑Sat Jul 29, 2023 11:50 pmThe long residence rules changes are not quite clear on the exceptional assurance periods. Such periods are not excluded specifically at all under the rules. See Discussion. So you may or may not need to worry about the EA period being lawful or not
If you apply for a spouse visa using standard service in January and then delay the biometrics as much as you can, then your visa may be issued several months later. I believe you should gain several extra months this way to push your spouse visa issue date to close to the summer of 2024, so that visa period will be more than enough to get you to August 2026. So assuming no issues with the period of EA in 2020, then you should be able to get to August 2026 without any issues to apply under long residence
-------------------zimba wrote: ↑Sun Jul 30, 2023 11:29 pmIf you want to leave the UK and return with a visa, you should make sure to leave the UK BEFORE your visa expiry and return within 180 days to preserve the continuous residence for ILR under the long residence. This has nothing to do with Section 3C.
See: Online applications, UKVCAS appointments & BRP queries
You apply online and then get 45 days to book your Biometrics appointment. The visa application will be processed only after your enrol your biometrics
---------------zimba wrote: ↑Sun Jul 30, 2023 11:29 pmIf you want to leave the UK and return with a visa, you should make sure to leave the UK BEFORE your visa expiry and return within 180 days to preserve the continuous residence for ILR under the long residence. This has nothing to do with Section 3C.
See: Online applications, UKVCAS appointments & BRP queries
You apply online and then get 45 days to book your Biometrics appointment. The visa application will be processed only after your enrol your biometrics
-------------TPTPTPTP wrote: ↑Mon Mar 25, 2024 2:01 pmHonestly, most people are concerned whether the EA will break the continuous residence under the new rules, which you did not make it crystal clear. For example, I had no gaps between all my previous visas, all the visa applications were made in time (before the expiry date), except the EA period, which is 65 days from the expiry of the previous visa to the commencement of the next one. I would say that's the only advantage I will take from paragraph 39E, I agree these 65 days will be ignored under the new rules, but as I submitted my ILR application after 10 years and 4 month, it really shouldn't be a problem.
zimba wrote: ↑Mon Mar 25, 2024 12:13 pmAny migrant in the UK whose visa expired between 24 January 2020 and 31 July 2020 was able to request an extension if they were unable to return to their home country due to a COVID-19 lockdown. So if that was your case, you should be ok
--------------------------------
Thanks for replying Zimba. That's indeed my case. It happened in the period of time you mentioned above.
My T2 visa was due to expire on 23rd March, 2020, I applied for extension, before extension ends, I submitted my T4 visa application on 25th June 2020. Although I only got the T4 visa approval on 26th September 2020.
Please allow me to confirm with you of this again:
Is my stay in the UK between 24th March to 25th June 2020 can be considered as lawful stay?
Can this period of time be added to the calculation for ILR under 10 years long residency route ?
x
In my view, it should be added to the qualifying period as what you received was an extension rather than the EA. It's advisable to check whether the Confirmation of Visa Extension you received explicitly states, "I can confirm that your current leave in the UK has been extended in the same category, with the same relevant conditions, until 31 July 2020. In granting this extension of leave..." If so, you held valid leave, although not extended through a formal visa application. Nevertheless, it remains valid leave, and you were not overstaying unless the UKVI changed their stance.Carrie9608 wrote: ↑Mon Mar 25, 2024 5:49 pmzimba wrote: ↑Mon Mar 25, 2024 12:13 pmAny migrant in the UK whose visa expired between 24 January 2020 and 31 July 2020 was able to request an extension if they were unable to return to their home country due to a COVID-19 lockdown. So if that was your case, you should be ok
--------------------------------
Thanks for replying Zimba. That's indeed my case. It happened in the period of time you mentioned above.
My T2 visa was due to expire on 23rd March, 2020, I applied for extension, before extension ends, I submitted my T4 visa application on 25th June 2020. Although I only got the T4 visa approval on 26th September 2020.
Please allow me to confirm with you of this again:
Is my stay in the UK between 24th March to 25th June 2020 can be considered as lawful stay?
Can this period of time be added to the calculation for ILR under 10 years long residency route ?
x
---------------------------TPTPTPTP wrote: ↑Tue Mar 26, 2024 5:27 pmIn my view, it should be added to the qualifying period as what you received was an extension rather than the EA. It's advisable to check whether the Confirmation of Visa Extension you received explicitly states, "I can confirm that your current leave in the UK has been extended in the same category, with the same relevant conditions, until 31 July 2020. In granting this extension of leave..." If so, you held valid leave, although not extended through a formal visa application. Nevertheless, it remains valid leave, and you were not overstaying unless the UKVI changed their stance.Carrie9608 wrote: ↑Mon Mar 25, 2024 5:49 pmzimba wrote: ↑Mon Mar 25, 2024 12:13 pmAny migrant in the UK whose visa expired between 24 January 2020 and 31 July 2020 was able to request an extension if they were unable to return to their home country due to a COVID-19 lockdown. So if that was your case, you should be ok
--------------------------------
Thanks for replying Zimba. That's indeed my case. It happened in the period of time you mentioned above.
My T2 visa was due to expire on 23rd March, 2020, I applied for extension, before extension ends, I submitted my T4 visa application on 25th June 2020. Although I only got the T4 visa approval on 26th September 2020.
Please allow me to confirm with you of this again:
Is my stay in the UK between 24th March to 25th June 2020 can be considered as lawful stay?
Can this period of time be added to the calculation for ILR under 10 years long residency route ?
x
Once the temporary policy came to an end (31 July 2020), the Government then implemented a grace period up to the end of August 2020. In practice, this meant that those migrants whose visa expired between 24 January 2020 and 31 August 2020, and had made the decision to leave (rather than extend their visa, or apply for a new one), had the month of August to prepare and leave the UK.
The Home Office also stated at this time that “you do not need to contact the Home Office to tell us you are able to leave the UK during the grace period up until 31 August 2020. If you intend to leave the UK but are not able to do so by 31 August 2020, you may request additional time to stay, also known as ‘exceptional assurance’, by contacting the coronavirus immigration team (CIT)”.
-----------------------zimba wrote: ↑Wed Mar 27, 2024 9:33 amThey did not grant automatic extensions per se, they extended a grace period until August 2020 and said you do not need to contact them to leave the UK in that period. By the end of August, they introduced the exceptional assurance and the rest is history
Once the temporary policy came to an end (31 July 2020), the Government then implemented a grace period up to the end of August 2020. In practice, this meant that those migrants whose visa expired between 24 January 2020 and 31 August 2020, and had made the decision to leave (rather than extend their visa, or apply for a new one), had the month of August to prepare and leave the UK.
The Home Office also stated at this time that “you do not need to contact the Home Office to tell us you are able to leave the UK during the grace period up until 31 August 2020. If you intend to leave the UK but are not able to do so by 31 August 2020, you may request additional time to stay, also known as ‘exceptional assurance’, by contacting the coronavirus immigration team (CIT)”.