Extension application processing time and overstay

[elvampiro]

Hi

I have about 40 days left on my Tier1 (G) entry clearance, and will apply within the next ten days by post (PEO appointments not available, and need at least a week to put all docs in order).
My wife who is a Tier 1 (G) dependant is also applying at the same time.

UKBA recommends to apply at least a month before expiry (which I will), but what is the right thing to do if the application is still getting processed when there is no time left on the visa?

I know there is a grace period of 28 days, does it count as overstay if the application is still being processed? Is this something I should not be concerned about?

Cheers
Vampiro

[cs95tdg]

You will not become an overstayer, so long as you apply for an extension for leave to remain before your current leave expires. This is because of S3C of the Immigration Act 1971.

See details on link below:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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".
To benefit, a person must have existing leave to enter or remain at the time when their valid application is made. Section 3C then prevents such an applicant becoming an overstayer during the period in which their application for a variation of leave remains undecided and, thereafter, while an appeal against any refusal could be brought or is pending.

[elvampiro]

Thank you, much appreciated.