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re-apply visa but current visa has expired

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mufans
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Joined: Fri Feb 19, 2021 11:53 am
Hong Kong

re-apply visa but current visa has expired

Post by mufans » Mon Feb 22, 2021 9:45 am

guys, my current application has got problem.
think i need to re-apply it but my current visa has expired can i still apply within the country?
also how long do i need to go to visa appointment after i make my application?
if i reapply in march can i go appointment day in june?

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Frontier Mole
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Joined: Mon May 05, 2008 11:03 pm

Re: re-apply visa but current visa has expired

Post by Frontier Mole » Mon Feb 22, 2021 2:11 pm

Reading your other post you are perhaps overthinking the issue. You have been asked to supply evidence that your spouse qualifies for the health care visa. Some points to consider.

Does your partner currently hold a health care visa or have they got a standard tier 2 or skilled worker visa? If they hold a standard visa then you would not necessarily qualify for any benefits that a health care visa holder attracts.

While your current visa application remains in place your previous visa conditions remain and you a legally entitled to remain in the UK. This is commonly known as 3c leave from the paragraph in the immigration rules that covers visa expiry during application.

Even if your current application was refused you have a grace period to apply again and would not have to leave the UK.

If your spouse works for the NHS they have HR teams that can support you with the Home Office query, it might just be a misunderstanding of the caseworker or simply that you need to meet the standard visa requirements as a dependent rather than as a n
Health care worker dependent.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: re-apply visa but current visa has expired

Post by manci » Thu Mar 04, 2021 4:45 pm

In your Skilled Worker Dependant application last December you made a mistake answering the question whether your partner has or will have an h&c visa. You answered YES instead of NO and as a consequence paid the reduced visa fee and no IHS .'

The HO asked you to provide evidence of your partner's h&c worker status which you are clearly unable to provide

Under normal circumstances you could withdraw your application and get a refund of the fee paid and then re-apply. However, as your latest visa already expired withdrawing your application would make you an overstayer.

If you do nothing your application will be refused and the fee paid will be lost. As Frontier Mole pointed out there will be a short period after the refusal when you can re-apply if you provide acceptable reasons for the re-application. Alternatively you could leave the UK and re-apply from abroad.

Another possibility may be to reply to the HO's email advising of the mistake in the application. However, I am not sure what reply you would get, i.e. whether they would allow you to amend the already submitted application.

Wait for Frontier Mole to comment.

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Frontier Mole
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Re: re-apply visa but current visa has expired

Post by Frontier Mole » Thu Mar 04, 2021 5:52 pm


Another possibility may be to reply to the HO's email advising of the mistake in the application. However, I am not sure what reply you would get, i.e. whether they would allow you to amend the already submitted application.


It could be treated as a variation of leave and you would be allowed to pay the additional application fee and IHS.

You have nothing to lose by contacting UKVI to vary your leave as it could possibly save the complete loss of your fee and refusal.

manci
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Joined: Wed Feb 15, 2012 10:10 am

Re: re-apply visa but current visa has expired

Post by manci » Fri Mar 05, 2021 2:20 pm

Vary your application, see p 18-20 in the guidance how to do it:
https://assets.publishing.service.gov.u ... drawal.pdf

Do it asap because an application can only be varied before a decision is made on it. It would be too late after a refusal.

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