visa expired

adityacalling · Post by **adityacalling** » Fri Dec 25, 2009 8:18 am

hi,

I was wondering what is the grace period to apply for extension if hsmp visa has already expired?

Pls help.

pkumar · Post by **pkumar** » Fri Dec 25, 2009 9:11 am

If you are within UK then you are illigel and should leave as soon as possible.
if you outside the country then you need to apply fresh application.
Basically you need to apply 28 days before expiry ...
If you give more details on your case then some seniors might be able to give you options.

herts · Post by **herts** » Fri Dec 25, 2009 9:53 am

I guess aditya is outside UK.

adityacalling · Post by **adityacalling** » Fri Dec 25, 2009 12:47 pm

i m in UK. i heard there is still 26 days after the visa expiry. is this true?

Post by **ChetanOjha** » Fri Dec 25, 2009 12:53 pm

adityacalling wrote:i m in UK. i heard there is still 26 days after the visa expiry. is this true?

INCORRECT wrote:If you are in UK and your visa expired you have 28 days to apply for visa extension. Make sure when you apply your application goes through without any hitch. If visa application is turned down than you have no option but to leave the country.

Post by **push** » Fri Dec 25, 2009 6:16 pm

chetanojha wrote:
adityacalling wrote:i m in UK. i heard there is still 26 days after the visa expiry. is this true?
If you are in UK and your visa expired you have 28 days to apply for visa extension. Make sure when you apply your application goes through without any hitch. If visa application is turned down than you have no option but to leave the country.

Source?

Rozen · Post by **Rozen** » Fri Dec 25, 2009 7:11 pm

chetanojha wrote:your visa expired you have 28 days to apply for visa extension.

I though that once a visa is expired, that's exactly what it is... EXPIRED! So how can you'extend' something that is already expired?
AFAIK, the 28 days is the time in which you have to leave the country (UK) upon visa expiry! (If you haven't left already!

)

adityacalling · Post by **adityacalling** » Fri Dec 25, 2009 7:21 pm

@ chetanojha :

pls can u confirm for what u said, 28 days after visa expiry?

@ others:

pls guide in this matter.

Post by **ChetanOjha** » Fri Dec 25, 2009 10:21 pm

adityacalling wrote:@ chetanojha :

pls can u confirm for what u said, 28 days after visa expiry?

@ others:

pls guide in this matter.

Aditya..push and other member are right. I mixed two different info. Once your visa expires you have to return to your country and reapply.

Info which i mixed up with is for appealing against rejections.

adityacalling · Post by **adityacalling** » Sat Dec 26, 2009 1:01 am

@ chetanojha:

will that hav any effect afterwards, if i apply from india ? coz i will be returning back home after visa expiry?

Post by **push** » Sat Dec 26, 2009 2:04 am

adityacalling wrote:@ chetanojha:

will that hav any effect afterwards, if i apply from india ? coz i will be returning back home after visa expiry?

You could be treated as an over stayer but if you leave the country within 28 days of expiry of the VISA then there should not be a problem. See below for an extract from Part 9 - General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom:

(7B) subject to paragraph 320(7C), where the applicant has previously breached the UK's immigration laws by:
(a) Overstaying;
(b) breaching a condition attached to his leave;
(c) being an Illegal Entrant;
(d) using Deception in an application for entry clearance, leave to enter or remain (whether successful or not);
unless the applicant:
(i) Overstayed for 28 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

Your qualifying period for ILR could be reset due to this discontinuity

Post by **vinny** » Sat Dec 26, 2009 3:09 am

adityacalling wrote:@ chetanojha :

pls can u confirm for what u said, 28 days after visa expiry?

@ others:

pls guide in this matter.

Yes. However, be very careful.

adityacalling · Post by **adityacalling** » Sun Dec 27, 2009 12:58 pm

@ push

thanx push. i think its better to leave, lets hope for the best . pray for me guys

Post by **push** » Sun Dec 27, 2009 3:04 pm

adityacalling wrote:@ push

thanx push. i think its better to leave, lets hope for the best . pray for me guys

If you can, why dont you try for an in-person extension application?

adityacalling · Post by **adityacalling** » Sun Dec 27, 2009 8:34 pm

@ push

push, the criteria for in-person visa extension is to hav a valid visa, since my visa expired i think it wudnt be possible to get in-person appointment. I have tried for the counter visa process but the dates available are in feb. but can get lucky if someone cancel's his/her appmt.

i think its better to go back to india and then apply a fresh application for extension. i know chances from india can be 50-50 but there's no other way for me now. wat say u?

gordon · Post by **gordon** » Sun Dec 27, 2009 9:57 pm

I think, however, when you submit a new application in your home country, it will be for an entirely new grant of leave under Tier 1, not an extension of leave arising from HSMP. You may want to check whether the masters-only restriction will now apply to you, if indeed you had otherwise intended to claim bachelor's degree points in your extension application.

adityacalling wrote:i think its better to go back to india and then apply a fresh application for extension. i know chances from india can be 50-50 but there's no other way for me now. wat say u?

crowbar6 · Post by **crowbar6** » Mon Dec 28, 2009 1:02 pm

Did you try to extend your visa when the initial leave was still valid? If yes and if it was refused then you may have been given a chance to appeal... just trying to understand your case a bit more to see if there is anyway out apart from leaving the country.... as Push said, that is looking like the most ideal option for now.

adityacalling · Post by **adityacalling** » Mon Dec 28, 2009 7:07 pm

@ gordon

u mean to say if i apply for hsmp extension, i wont get 3 yrs visa but a 2 yrs visa instead. and the points criteria also changes if i re-apply from india?
if i get a 2 yrs visa, will i be still eligible for my ILR. does it hav any effect to ILR or naturalization as such? pls advice.

gordon · Post by **gordon** » Mon Dec 28, 2009 8:16 pm

The key point was already made by Rozen, which is that you cannot extend expired leave. When you return to India, you can apply for Tier 1 (three years' leave in the first instance), but must qualify against the current criteria (ie master's only). You cannot extend your HSMP visa to Tier 1, using the criteria that were in place when you were first granted the HSMP visa. Your ILR and naturalisation clocks have now in effect been reset, and will start again from zero when you re-enter the UK (as push indicated earlier).

I infer that you made no extension application before your leave expired, and that you therefore also do not have any appeal in process against a refusal. This suggests that your right to work has not been extended under sections 3c and 3d, meaning that if you are still in employment, your employer (and you) would now be in breach of the immigration rules.

adityacalling wrote:@ gordon

u mean to say if i apply for hsmp extension, i wont get 3 yrs visa but a 2 yrs visa instead. and the points criteria also changes if i re-apply from india?
if i get a 2 yrs visa, will i be still eligible for my ILR. does it hav any effect to ILR or naturalization as such? pls advice.

adityacalling · Post by **adityacalling** » Tue Dec 29, 2009 10:31 am

I hav applied for my extension before visa expired but it's already 2 months and I haven't heard from the home office yet. I don't hav any idea if my visa is rejected or still under consideration. That's wat worries me. Next month I hav to go to India on my brother's marriage.

And I'm currently not working but don't know for how long I dnt hav to work

Sushil-ACCA · Post by **Sushil-ACCA** » Tue Dec 29, 2009 4:21 pm

adityacalling wrote:I hav applied for my extension before visa expired but it's already 2 months and I haven't heard from the home office yet. I don't hav any idea if my visa is rejected or still under consideration. That's wat worries me. Next month I hav to go to India on my brother's marriage.

And I'm currently not working but don't know for how long I dnt hav to work

call HO / writ mail to HO to sort this out

Post by **push** » Tue Dec 29, 2009 9:08 pm

adityacalling wrote:I hav applied for my extension before visa expired but it's already 2 months and I haven't heard from the home office yet. I don't hav any idea if my visa is rejected or still under consideration. That's wat worries me. Next month I hav to go to India on my brother's marriage.

And I'm currently not working but don't know for how long I dnt hav to work

Wow. You managed to confuse us all. As long as you applied before your current leave (VISA) expired and the application is with HO, you VISA remains valid and you can continue working !!

adityacalling · Post by **adityacalling** » Wed Dec 30, 2009 12:36 am

thanx guys, its a relief that i can work ... but i dunno y my application been held for so long ? ne idea guys ...

Post by **push** » Wed Dec 30, 2009 6:47 pm

adityacalling wrote:thanx guys, its a relief that i can work ... but i dunno y my application been held for so long ? ne idea guys ...

Did you get ackw from HO? Did the payment go through?

adityacalling · Post by **adityacalling** » Wed Dec 30, 2009 6:57 pm

yes PUSH, i got the ackn and also the payment went thru. but never heard since then ... wat shud the next step , pls help? shud i call HO and ask for my status? or shud i wait until some response from the HO?

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