Tier 1 Extension - Grace period?

[klmacko]

I have a Tier 1 Visa expiring on November 4th, and my maintenance funds proof will be at 90 days on November 5th. Am I able to apply for my extension even though my visa will technically be expired if I apply on the 5th? Is there a grace period?

Thank you!

[mulderpf]

No, you have to apply before your current leave expires.

[klmacko]

Thanks mulderpf, however I just found out from the solicitors I've hired that there is a grace period of 10 days in which you can stay in country and apply for an extension. He said it is not something everyone knows about but it is the law.

[vinny]

Yes. 245CA(f) permits an out of time application for leave to remain.

There's no right of appeal against a refusal. But that may be less significant now.

However, continuous period may be broken.