LTR expiring a couple of days before submission

Folks,
Got to ask this on behalf of someone. A friends LTR expires in November but the dependent child's LTR issue at the POE expired on 24.09.06 since the child was born abroad. They made the application for child's extention two days before expiry. Does this make the child an overstayer or the date of postage is what matters?

NB: Parents also applied for extention of their LTR at the sametime since HO advise they can extend a month earlier than the 28 - days due to the child's visa validity.

Thanks for your contribution.

jes2jes,
If the application is made _before_ LTR expiry (date as postmark), there shouldn't be a problem.

Thanks for the info. Where is this posted if you know?

Thanks again. Any takes are welcome.

Somewhere at www.workingintheuk.gov.uk. They stress the fact that you should _submit_ before your leave expires, then your leave is automatically extended until the desicion on your application is made.

I've just been in this situation myself too and it wasn't a problem.

There is a strange difference between the way that the Immigration and Nationality "sides" of the Immigration and Nationality Directorate operate. For immigration applications, the date of application is the date on which it is posted, whereas for nationality applications, it is the date on which it is received in the Home Office. I don't pretend to understand the reason for the distinction!

Thanks a11 and Paul for your valuable contribution.

Jes2Jes

a11 and Paul:
Just found this on the IND's website so decided to post for the benefit of future applicants.

When to apply

You should make your application before your existing permission to stay in the UK runs out. In categories where you have to complete a certain period to qualify for further or indefinite leave to remain in the UK, you shouldn't apply more than 28 days before you complete the relevant period. The date of application is that on which you post it or have it accepted in person at a PEO. Your application may be delayed or refused if you apply too early in a category in which you have to complete a set period - for example, in categories leading to settlement in the UK. This advice is particularly relevant to applications in the categories for which you have to use Forms SET(M) or SET(O). Please see the guidance notes in those forms for more information about this.

Your immigration status while your application is being decided

If you make a valid application before your permission to stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

Applying by post

Please make sure that you send your application to the address given in the application form. Sending your application to a different address will delay it.

Recorded and Special Delivery post provides you with proof of posting and helps us to record the receipt of your application. We strongly recommend that you use it and retain the Recorded or Special Delivery number for as long as your application is with us.


source: http://www.ind.homeoffice.gov.uk/applyi ... plication/

Paul wrote:

whereas for nationality applications, it is the date on which it is received in the Home Office

Paul (or anyone of this forum), can you direct me to the link where I can find the above information please?

Thank you.
Joe

Yes - para 6.3.4.1

Paul,
Thank you so much. I asked this question because of this post at the following thread.

http://www.immigrationboards.com/viewtopic.php?t=10886

The HO confused my immigration application with a nationality one so I wanted where this was stated officially.

Would you know how I can proceed in light of this information? I plan to write directly to the case officer and point his mistakes to him tomorrow.

Thanks for your help.
Joe