Notification of overstaying a visitor visa (type c)

Hi
We have a grandparent staying with us who is due to fly back to their country after completing 180 days of her stay as stipulated by her visa.

Though it now looks like the travel restrictions are going to be lifted, due to issues with the country in question (Belarus) all flights from the uk have now been halted.

So we need to somehow get an extension on her visa, just for this year. Maybe for a month or so while we work out how they are going to fly home (eg through a neighbouring country)

Exceptional assurance doesn’t seem like the right thing to apply for here as it’s not coronavirus related any more:

https://www.gov.uk/guidance/coronavirus ... -in-the-uk

So is this the route to go?

https://www.gov.uk/standard-visitor-vis ... -your-stay

A couple of questions about this:

1. It looks like this is maybe not the way as it says you can only extend if you haven’t been here for six months (unless you fall under certain criteria)

2. It also says that you can stay in the country until the decision is made. So given the decision takes 8 weeks, will we be penalised if we stay past the 180 days if we have an application in progress? (Even if it would eventually get rejected?) would we just include this detail on a letter of explanation when the grandparent is entering the country again if they notice she stayed over the 180 days?

Thanks

It is unlikely that this kind of extension will be granted. Don't risk further visa applications as this can be taken against you later on. Which length of stay did you state in her/his visa application?

There are 3 flights per week from London to Moscow and 10 flights to Minsk now (starting from 2nd of June). As a Belorussian your grandparent doesn't need visa to Russia, so it shall not be an issue to travel via Russia.

Thanks, they are here on a 180 day per year 10 year visa. When you say it could affect future applications, could it affect the existing 10 year visa? Ie could it be revoked?

(Travelling via Russia makes this trip a lot more difficult for an elderly person travelling on their own)

(As I would be surprised if the next visa application in ten years time is affected by this extra visa application given how much turmoil there has been this year/last year in the world)

Jw9315 wrote: ↑

Mon May 31, 2021 8:02 pm

Though it now looks like the travel restrictions are going to be lifted, due to issues with the country in question (Belarus) all flights from the uk have now been halted.

So we need to somehow get an extension on her visa, just for this year. Maybe for a month or so while we work out how they are going to fly home (eg through a neighbouring country)

Exceptional assurance doesn’t seem like the right thing to apply for here as it’s not coronavirus related any more:

https://www.gov.uk/guidance/coronavirus ... -in-the-uk

If all flights from the uk to Belarus have now been halted, then it looks that requesting exceptional assurance is a way forward.

Thanks sorry is exceptional assurance just related to corona virus related matters, though, or was it a thing before COVID hit?

The guidance makes it only sound related to COVID measures:

https://www.gov.uk/guidance/coronavirus ... -residents

Jw9315 wrote: ↑

Mon May 31, 2021 8:02 pm

Though it now looks like the travel restrictions are going to be lifted, due to issues with the country in question (Belarus) all flights from the uk have now been halted.

If you’re in the UK

In your email you should attach evidence to show why you cannot leave the UK. For example, if you can’t leave the UK because you can’t find a flight before your leave/visa expires, you’ll need to submit a copy of a confirmed flight ticket.

Jw9315 wrote: ↑

Tue Jun 01, 2021 10:20 pm

Thanks, they are here on a 180 day per year 10 year visa. When you say it could affect future applications, could it affect the existing 10 year visa? Ie could it be revoked?

(Travelling via Russia makes this trip a lot more difficult for an elderly person travelling on their own)

I hear you re difficulty with travelling for an elderly person. Let's hope HO has the same attitude but mostly they would be very non-sympathetic re travel problems (meaning if an elderly parent could travel to the UK, he/she can still travel back even without direct flights. Btw, how old are we talking about?

Current visa affected: It'll depend on immigration officer next time your grandparent crosses the border. If you manage to get exceptional assurance or visa extension, it will still be on the file of your grandparent. It might trigger questions/concerns at the border as IO might argue they where trying to reside in the UK. It might escalate quickly at that stage and yes, visa might be revoked at the border. I don't think anyone will be able to say how likely is it going to happen.

Also mind the fact that 180 days is the maximum one can stay on visa, but preferably to leave the country within the time stated in visa application.

They've got 10 years visa, so obviously they have clean history of travelling and leaving the country on time. It might play a positive role in any decision taken by HO.

vinny wrote: ↑

Wed Jun 02, 2021 9:54 am

Jw9315 wrote: ↑

Mon May 31, 2021 8:02 pm

Though it now looks like the travel restrictions are going to be lifted, due to issues with the country in question (Belarus) all flights from the uk have now been halted.

If you’re in the UK

In your email you should attach evidence to show why you cannot leave the UK. For example, if you can’t leave the UK because you can’t find a flight before your leave/visa expires, you’ll need to submit a copy of a confirmed flight ticket.

If I follow the link, it brings me to Coronavirus part of Gov.uk. The problem with Belorussia lays within political tension and Ryanair situation rather than Covid restrictions.

Thanks yes the person in question is in her mid sixties.

The link above does seem specific to COVID, so was wondering if there is an exceptional assurance equivalent for non COVID..

Is there a helpline to discuss things like this or do we need to involve lawyers?

Jw9315 wrote: ↑

Wed Jun 02, 2021 6:25 pm

Thanks yes the person in question is in her mid sixties.

The link above does seem specific to COVID, so was wondering if there is an exceptional assurance equivalent for non COVID..

Is there a helpline to discuss things like this or do we need to involve lawyers?

Helpline is outsourced to external company and they are a lot of times not only not helping but also damaging with their answers. Thus forum saw a lot of people following the answer and then finding themselves in a lot of trouble. Same with lawyers, I’m afraid. Some of them are good, some confuse things and offer ill advice.

As the person in question is not that old at all (most people are working in their sixties) it is likely they will want to apply for another visa after this one expires. It’s obviously up to you, but I would not risk it. When it comes to immigration history, it’s difficult to build it up and super easy to damage it.

Anyway, if you go this route, please update the topic with what you’ve arrived to

One other thing worth considering, unlike COVID restrictions, situation in Belorussia might last longer. I hence it is possible that there will be no direct flights for years to come.

Thanks, re: thjs:

it is likely they will want to apply for another visa after this one expire

The current visa expires in ten years, So hopefully this won’t be too impactful..

Actually would be interested In your opinion on this

https://www.freemovement.org.uk/there-i ... to-the-uk/

I previously thought that the rule said you couldn’t come for more than 180 dad in a year , but I think I assumed that it was in a year:

Here it seems to indicate that’s not the case?