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Is there a 28day grace period?

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lilemsy
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Posts: 6
Joined: Tue May 10, 2011 3:34 pm

Is there a 28day grace period?

Post by lilemsy » Wed May 11, 2011 9:54 am

Can anyone direct me to information about a 28 day grace period on the website http://www.ukba.homeoffice.gov.uk/

I've been told from the Home office two different things -one said this is a 28 day grace period and one said there isn't. Can anyone confirm?

And what the criteria is for having a grace period? If you can use it at the end of your 5yr work permit.

Thanks.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Wed May 11, 2011 10:09 am

See Immigration Rules Para 320 7A

If you overstay your visa then you are here illegally. If caught they could detain you. The 28 day 'grace' period refers to the fact that if you overstay for more than 28 days you face a ban of between 1-10 years depending on how you left the UK.

If you overstay for less than 28 days and leave voluntarily at your own expense then you would not be subject to an automatic ban but would still be here unlawfully and you would have to declare it in future applications to come to the UK.

For that reason I wouldn't refer to it as a grace period as such.

lilemsy
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Posts: 6
Joined: Tue May 10, 2011 3:34 pm

Post by lilemsy » Wed May 11, 2011 10:33 am

Thank you for your reply. I've just spoken to the Home office so along with your reply and after speaking to them this has been cleared up for me.
Thanks for your time.

vinny
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Posts: 33218
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Wed May 11, 2011 10:35 am

Are you referring to the 28 days with respect to settlement?
Settling in the UK wrote:Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.
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