Tier one expires while waiting for ext makes me illegal?

szavelin · Post by **szavelin** » Tue May 01, 2012 8:01 pm

Hello, I understand I need to mail my passport in with tier 1 extension application request. My visa due to expire in a few days. Does this mean if it takes a month to get my passport back I will remain in no visa (illegal) state all the while waiting for my application being processed ???

silent_warrior · Post by **silent_warrior** » Tue May 01, 2012 8:16 pm

szavelin wrote:Hello, I understand I need to mail my passport in with tier 1 extension application request. My visa due to expire in a few days. Does this mean if it takes a month to get my passport back I will remain in no visa (illegal) state all the while waiting for my application being processed ???

nope. Check this
http://www.ukba.homeoffice.gov.uk/visas ... ing-stay/#

thebionicredneck2003 · Post by **thebionicredneck2003** » Tue May 01, 2012 8:28 pm

As long as you send it before it expires, your leave gets automatically extended by Section 3c so you are not illegal, but legal.

Kind Regards

szavelin · Post by **szavelin** » Tue May 01, 2012 8:36 pm

Got it thank you! So no way to just send a copy of my passport to them? I need to travel in the next 75 days I can't just leave everything for 2+ months in another country

thebionicredneck2003 wrote:As long as you send it before it expires, your leave gets automatically extended by Section 3c so you are not illegal, but legal.

Kind Regards

thebionicredneck2003 · Post by **thebionicredneck2003** » Tue May 01, 2012 9:13 pm

You must send in your original passport. Unfortunately, a copy won't do.

Kind Regards

Post by **Greenie** » Tue May 01, 2012 10:53 pm

szavelin wrote:Got it thank you! So no way to just send a copy of my passport to them? I need to travel in the next 75 days I can't just leave everything for 2+ months in another country

thebionicredneck2003 wrote:As long as you send it before it expires, your leave gets automatically extended by Section 3c so you are not illegal, but legal.

Kind Regards

you can't leave the UK whilst your application is outstanding. your application will be deemed withdrawn and if you are benefiting from 3C leave then your leave will lapse when you leave the UK.

Mind_The_Gap · Post by **Mind_The_Gap** » Wed May 02, 2012 8:25 am

thebionicredneck2003 wrote:As long as you send it before it expires, your leave gets automatically extended by Section 3c so you are not illegal, but legal.

Kind Regards

Bump:

Section 3C of the Immigration Act 1971

*It is often not possible to decide an application for an extension of leave until after the period of leave has expired. To prevent applicants from becoming overstayers through no fault of their own, section 118 of the Nationality, Immigration and Asylum Act 2002 introduced an amended section 3C into the Immigration Act 1971. Section 3C automatically extends the leave of a person who has made an application for further leave to remain during a period of extant leave. Technically, the leave is "treated as continuing".

Post by **vinny** » Wed May 02, 2012 9:02 am

Provided you made a valid in-time application ...

sts96508 · Post by **sts96508** » Wed May 02, 2012 10:29 am

75 days is not a realistic time frame to get a decision in. just getting payment deducted is taking 25 days on average nowadays.

also consider that withdrawing your application will take 15-20 working days from the day you make the request

if you don't mind the steep fees, then try for a peo appointment via immigration consultants

szavelin · Post by **szavelin** » Wed May 02, 2012 11:47 am

Thanks so much again to everyone who responded

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Tier one expires while waiting for ext makes me illegal?

Tier one expires while waiting for ext makes me illegal?

Re: Tier one expires while waiting for ext makes me illegal?