EEA2 - Section 3c and overstaying

[kakashi]

Hi All,

I've got a question that I think is rather important.

If your visa (say tier4 for instance) expires while you have an eea2 application pending, do you then become an overstayer? The reason I ask is because I've read elsewhere that section 3c/d does not apply to eea applications. Hence if your current visa is not automatically extended (in the case that you apply before it expires), does this not imply that you have no legal basis to be in the UK and therefore an overstayer?

I feel this question is really important because it means you are at a serious disadvantage and running significant risk (especially considering the new 28 days overstayer rule) when choosing to switch from a UK immigration category to European.

[vinny]

Unfortunately, you are correct.