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Hi guys

I had a Tier 2 General visa for 2 years valid till end of December-2016. Because of very compelling reasons (which I included in a letter of explanation in my Tier 2 renewal application) and the fact that I didn't know about the change in the grace period till after the 14 days passed, I applied beyond the 14-day grace period. However I still applied to extend my Tier 2 General visa within 28 days.

My question is:

Assuming my visa gets approved considering my special circumstance, will this (applying beyond 14 days) affect my 5 year residency towards ILR? If yes, since my visa is approved by the Home Office and since I still applied within 28 days, wouldn't that forgive my compelling overstaying?

I am looking forward to hear your expert opinions

Regards

My understanding is that your leave will have been broken due to not having Section 3c leave for a period of 14 days.

Casa wrote:My understanding is that your leave will have been broken due to not having Section 3c leave for a period of 14 days.

Thanks Casa, I appreciate your prompt reply.

I understand what you said, but I was wondering if there is anyone with a similar experience where compelling reasons have been involved. Would it make any difference to the visa officer?

The change from 28 days to 14 days is a VERY recent change, so unlikely anyone who has posted with experience.

Ignorantia iuris non excusat - Ignorance of the law is no excuse.

Perversely, is knowledge of the law detrimental for a successful application?

It's difficult when Immigration laws are also too complex.

secret.simon wrote:Ignorantia iuris non excusat - Ignorance of the law is no excuse.

secret.simon, I really appreciate your time writing this but you haven't added anything. We all know that!

I'd honestly appreciate it more if you help answer the question

mosal wrote:the fact that I didn't know about the change in the grace period till after the 14 days passed

I was commenting on this statement. What I was highlighting was that it does not matter/is an irrelevancy as to when you became aware of the change of rules. You are assumed to have full knowledge of the law at all times. A very good reason to be on these forums a few months before any application.

The question is, did you comply with the requirements in force on the date of application? And I think the answer is No. It depends on what the special circumstances were and what weightage the caseworker gives them. Assuming that the application succeeds, it may be worth applying for an SAR with the Home Office to get an idea of the comments put on your files by the caseworkers.

mosal wrote:If yes, since my visa is approved by the Home Office and since I still applied within 28 days, wouldn't that forgive my compelling overstaying?

Not necessarily. A grant of leave to remain does not retrospectively legalise overstay.

Remember that if the application was submitted after your leave had expired, you are an overstayer. Those 14/28 days are forgiven/ignored for that applicaton, but you are an overstayer until the grant of your new leave to remain.

On the other hand, if the application was submitted even a day before the leave expired, you would have been covered under Section 3C leave.

secret.simon wrote:

mosal wrote:the fact that I didn't know about the change in the grace period till after the 14 days passed

I was commenting on this statement. What I was highlighting was that it does not matter/is an irrelevancy as to when you became aware of the change of rules. You are assumed to have full knowledge of the law at all times. A very good reason to be on these forums a few months before any application.

The question is, did you comply with the requirements in force on the date of application? And I think the answer is No. It depends on what the special circumstances were and what weightage the caseworker gives them. Assuming that the application succeeds, it may be worth applying for an SAR with the Home Office to get an idea of the comments put on your files by the caseworkers.

mosal wrote:If yes, since my visa is approved by the Home Office and since I still applied within 28 days, wouldn't that forgive my compelling overstaying?

Not necessarily. A grant of leave to remain does not retrospectively legalise overstay.

Remember that if the application was submitted after your leave had expired, you are an overstayer. Those 14/28 days are forgiven/ignored for that applicaton, but you are an overstayer until the grant of your new leave to remain.

On the other hand, if the application was submitted even a day before the leave expired, you would have been covered under Section 3C leave.

Thank you very much for your time and effort. I guess I have to wait till I hear from the HO and then apply for an SAR.

Thanks again and I wish you a nice day