Extending a WHM Visa

bigdogpunisher · Post by **bigdogpunisher** » Sun Dec 16, 2007 1:08 am

Hello, this is just a general enquiry which I hope someone will be able to help me with. My cousin who is originally from India is currently in the UK with a Working Holiday Maker Visa for 2 years. He has stated that he would like to remian in the UK for longer, I just wanted to know is their anyway that he would be able to extend his stay in the UK because I have heard that he would not be able to do this. If this is the case is their anyway around this, would he be able to apply for a work permit or what is this the best way for him to extend his stay in the UK. I would be very grateful if someone could give me some advice on this situation.

thank you very much in advance.

Post by **vinny** » Sun Dec 16, 2007 2:25 am

The Extension of stay as a working holidaymaker Rules (97-100) have all been deleted! So, I don't think that it is possible for him to extend in that category.

What are his circumstances?

He would have to find some other category that may be applicable.

An extension of stay for work permit employment, under 132 with reference to 131D may be possible.

See also
Chapter 5 - Employment, Section 1 - Work permit employment
Chapter 5 - Employment annexes, Section 1 - Work permit employment,
Annex B - Work Permits (UK),
Annex C - Action by ICD caseworkers,
Annex F - Settlement guidance general.

See also Applying for a work permit and Leave to Remain (LtR)

Alternatively, an extension of stay as a highly skilled migrant under 135E with reference to 135DD may also be possible.

See also Information about the Highly Skilled Migrant Programme and Highly Skilled Migrant Programme (HSMP).

Alternatively, there are also Rules based on relationships that may be applicable.

Etc.

Edit: Updated BIA's links

bigdogpunisher · Post by **bigdogpunisher** » Wed Dec 19, 2007 10:41 pm

Sorry about the late reply. Thank you very much for taking the time out to respond to my query vinny, I really appreciate it. I'm currently at work at the moment but I will look into this and I will find out what his situation is. I have one more question, is he allowed to go to his home country and back to England as much as he likes or is their some kind of limit?

Anyway thank you once again.

Post by **vinny** » Wed Dec 19, 2007 11:35 pm

While on an WHM, I believe that he may go and come as much as he likes. However, if he wishes to extend his stay to a different category, then he may be subject to:

Extending your stay wrote:However, once you have been in the United Kingdom for 12 months on a working holidaymaker visa, you may be able to stay longer by switching to a different category.

Dawie · Post by **Dawie** » Thu Dec 20, 2007 10:06 am

You cannot extend a working holidaymaker visa. A person may only hold one of this type of visa in their lifetime and it cannot last longer than 2 years.

The "extensions" offered by visa agencies and the like are in actual fact a switch over to a different visa category, typically a visitors visa.

IMMIGRATION LAWYER · Post by **IMMIGRATION LAWYER** » Fri Dec 21, 2007 10:31 am

I have extended quite a few WHMs to my clients on completion of their related WHMs.

Maximum time allowed is 6-12 months, though.

To clarify - extensions were granted as visitors or volunteers.

If a person on WHM is in a shortage occupation, he/she could normally switch into WP after 12 months on WHM.

Dawie · Post by **Dawie** » Fri Dec 21, 2007 10:34 am

IMMIGRATION LAWYER wrote:I have extended quite a few WHMs to my clients on completion of their related WHMs.

Maximum time allowed is 6-12 months, though.

To clarify - extensions were granted as visitors or volunteers.

If a person on WHM is in a shortage occupation, he/she could normally switch into WP after 12 months on WHM.

With respect, switching to a different category of visa when your working holiday visa is about to expire is NOT an extension. Using the term "extension" implies the continuation of same conditions of leave to remain that you had before, where in fact this is not the truth. Advertising a switch from a working holiday visa to a visitors visa as an "extension" is misleading and dangerous, leading to people thinking they can carry with work or employment, for example when they no longer have the right to do this.

Working holiday visas can NOT be extended, full stop (except when your original leave was for less than 2 years, and then the extension can only be made up until the 2 year period is finished). Yes, you can switch to another visa category, but you cannot extend it.

VictoriaS · Post by **VictoriaS** » Fri Dec 21, 2007 5:03 pm

I totally agree Dawie. Claiming that a WHM can be extend is misrepresentation.

Otherwise, we could all say they can be 'extended'...as visitors, work permit holders, HSMP's...but as you rightly say, these are switches, not extensions.

Victoria

Post by **vinny** » Fri Dec 21, 2007 11:19 pm

VictoriaS wrote:I totally agree Dawie. Claiming that a WHM can be extend is misrepresentation.

Perhaps you should take this up with the BIA, since they use the word extending

paulp · Post by **paulp** » Sat Dec 22, 2007 9:05 am

vinny wrote:Perhaps you should take this up with the BIA, since they use the word extending

They actually say that you can't extend a WHM:

"This page explains the restrictions on extending your working holidaymaker visa and how you may be able to extend your stay in the United Kingdom under other categories.

...

When your visa expires, you will be expected to return to your home country. You will not be allowed to extend your visa as a working holidaymaker.

However, once you have been in the United Kingdom for 12 months on a working holidaymaker visa, you may be able to stay longer by switching to a different category."

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Extending a WHM Visa