Mailed out tier 1 extension. Also booked PEO appointment

[usworkeruk]

My Visa expired on Nov. 26th 2012. I mailed my Tier 1 General Extension application on Nov. 19th 2012. I needed to mail it out before my visa expires.

I tried to book a PEO appointment before my visa ran out but the only date I could get was December 7th.

Can I still keep my PEO appointment on the 7th, even though I've mailed out my application?

I need to travel in January and the current wait times for Tier 1 extensions according to trackitt are 120+ days.

Can I attend the PEO appointment using the previously mailed in application?

[geriatrix]

Can I attend the PEO appointment using the previously mailed in application?

No.

[usworkeruk]

Could I make a new application... Pay a separate fee for the application? I need to travel in January... and paying an extra fee would be cheaper than cancelling the trip

[cs95tdg]

Could I make a new application... Pay a separate fee for the application? I need to travel in January... and paying an extra fee would be cheaper than cancelling the trip

If you do make another application by attending a PEO appointment after your current visa has expired then it would be considered an out-of-time application, which may have other consequences if and when you apply for ILR at a later date.

I am not sure of whether you can make a new application while one has already been submitted via post (may be the previous application will be considered withdrawn?). So will leave that for someone else to comment on.

[geriatrix]

The only way to apply at PEO now is by first withdrawing your application. You will become an overstayer the day you withdraw your application and must then make a new application within 28 days.

That means that you must receive your passport and documents back within the 28 days period, have any updated documentary evidence(s) arranged (if required, that is), and have an appointment booked for a day within that 28 days period.

Do also note that if your out-of-time application is refused you will not get a right to appeal.

[usworkeruk]

If I can get my documents back in time... I would only be overstaying for 11 days if I attend my PEO appointment. Is overstaying that long typically grounds for refusal?

I'm tempted to do it, but I'm worried that I will get denied an extension because I overstayed. Has anyone overstayed less than 28 days and been approved a Tier 1 Extension?

[thebionicredneck2003]

Why take the risk?

[hsmp1412]

Do remember that based on people's experiences on this forum, it might take a while to get all your documents back after you withdraw your application.

[cs95tdg]

If I can get my documents back in time... I would only be overstaying for 11 days if I attend my PEO appointment. Is overstaying that long typically grounds for refusal?

I'm tempted to do it, but I'm worried that I will get denied an extension because I overstayed. Has anyone overstayed less than 28 days and been approved a Tier 1 Extension?

According to the current immigration rules you are allowed to apply for an extension upto 28 days after your current leave to remain expires (i.e. in your case here this would be 28days from when you withdraw your current application), but without the right of appeal if the decision is a refusal (as already stated by sushdmehta). The fact that the application is submitted late (but within the allowed 28 days) will not be grounds for UKBA denying you an extension. There of-course may be other grounds for refusal but the late submission on it's own will not be the cause.

Note but, independent to this, the period you overstayed will have an effect on you, if you apply for ILR at a later date, as you would have broken the 5 year lawful residence requirement for that.

[usworkeruk]

Thanks for the advice. I'm not going to risk it. I'll leave my application as-is and hope for the best. I appreciate all the help.