Confusion of 28days policy change!

rockwell31 · Post by **rockwell31** » Tue Oct 02, 2012 12:42 pm

Hi,
My Tier 1 visa expire by 22 Dec 2012. As my fund maintenance start by 30 Aug 2012, I can apply only after 28th Nov 2012. According to latest change (refer below quote), am I eligible to apply after 28th Nov 2012. The below sentence is not clear, does it mean... I need to apply before 28 day(that is 24-Nov-2012)?

If you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring. Your application for further leave will be refused if you have overstayed your visa by more than 28 days when you apply.

Please clarify.

Thanks.

Post by **geriatrix** » Tue Oct 02, 2012 12:56 pm

The quote refers to change in policy for "overstayers" and is irrelevant for your wife.

Apply as you had planned earlier - anytime before her leave expires.

rockwell31 · Post by **rockwell31** » Tue Oct 02, 2012 1:18 pm

Thanks sushdmehta.
It is true for the second sentence. But the first sentence (If you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring) doesnot mention about overstay.
Please let me know if any other document mentioned about this clause.

Thanks.

tier1_applicant · Post by **tier1_applicant** » Tue Oct 02, 2012 10:40 pm

rockwell31 wrote:Thanks sushdmehta.
It is true for the second sentence. But the first sentence (If you have limited leave to enter or remain in the UK and wish to extend your visa, you must apply within 28 days of your current visa expiring) doesnot mention about overstay.
Please let me know if any other document mentioned about this clause.

Thanks.

I think it is just English you need to make out for same thing which is in two sentences.
1. You must apply within 28 days from your visa expiry (This is not that you must apply within 28 days before visa expiry but maximum 28 days after expiry).
2. If you apply after 28 day of your visa has expired, then your application will be refused.

So maximum 28 days overstay you can have and apply within these 28 days or before.

rockwell31 · Post by **rockwell31** » Wed Oct 03, 2012 10:53 am

Thanks to all.
I called and verified the same with UKBA Immigration Help Line. They clearly mentioned, 'you must apply on or after 24th Nov 2012'.

cn · Post by cn » Wed Oct 03, 2012 12:37 pm

hi rockwell31
I tried calling Immigration Enquiries Bureau at 0870 606 7766, but couldn't get through even after 15mins. I have the same issue too. My Visa expires Feb28'13.
Could you reclarify...I need to apply ON or AFTER Feb01'13? or BEFORE Feb1'13?
thanks

Post by **Greenie** » Wed Oct 03, 2012 1:45 pm

The change in the law is about overstayers. Before it was possible to extend leave under PBS even if the applicants leave had expired as long as he or she 'last had' leave in k relevant category. The change in the law means that overstayers will only qualify for further leave if they have overstayed by 28 days or less. It does not mean you have to aptly at least 28 days before your leave expires or more than 28 days before. The rules only applies to peoples applying after the expiry of their leave.

rockwell31 · Post by **rockwell31** » Wed Oct 03, 2012 2:36 pm

cn wrote:hi rockwell31
I tried calling Immigration Enquiries Bureau at 0870 606 7766, but couldn't get through even after 15mins. I have the same issue too. My Visa expires Feb28'13.
Could you reclarify...I need to apply ON or AFTER Feb01'13? or BEFORE Feb1'13?
thanks

Cn,
I waited 40 mts with IVR and finally someone picked. If you are getting disconnected in middle, it might be your network/ device problem. Select option 4 > 3 > 1

You can apply ON or AFTER 31-Jan-2013

Thanks.

rockwell31 · Post by **rockwell31** » Wed Oct 03, 2012 2:38 pm

Greenie, You are correct, UKBA also mentioned the same. Thanks.

rockwell31 · Post by **rockwell31** » Wed Oct 03, 2012 2:42 pm

Hi Cn,
If you get different answer from UKBA, please share here, will help to correct. Thanks

sarahginam · Post by **sarahginam** » Sat Oct 06, 2012 8:04 pm

hi this is helpful but just to clarify as I called the boarder agency and the woman was not helpful and laughed at me on the phone.

so you can stay an extra 28 days and apply within that time. however if you stay after 28 days you will be refused.

it is written in a confusing manner.

i am changing from tier 1 post study visa to tier 2 general.

my visa expires oct 26, and am i right to assume i can stay 28 days or less to apply.

Post by **geriatrix** » Mon Oct 08, 2012 3:57 pm

sushdmehta wrote:The quote refers to change in policy for "overstayers"

Period!!

fooj · Post by **fooj** » Wed Jan 30, 2013 2:01 pm

sushdmehta wrote:
sushdmehta wrote:The quote refers to change in policy for "overstayers"
Period!!

This was initially my thoughts.. by reading the news on the UKBA site about the policy... it clearly just says about overstaying

However, i rang the UKBA and they told me NOT to apply before the 28days.. so my tier2 visa runs out on 10th april and they told me i musn't apply for extension before 12th march.. i rang on 2 ocassions..both said the same thing

Can anyone confirm this? There is nothing at all on the in-country application section in the tier2 side... so bloody confusing thiese lot are..

The Station Agent · Post by **The Station Agent** » Wed Jan 30, 2013 4:11 pm

I agree the guidance is so complicated and confusing that it's a joke. You're not generally supposed to apply for extensions too soon (they usually say don't apply more than a month before your current stay expires unless you're changing status). But the rule quoted by the original poster refers to 28 days past the current leave ending. It gives 28 days grace and says people who apply later than that will be refused. Perfectly sensible.

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Confusion of 28days policy change!

Confusion of 28days policy change!