Help with my Ancestry Visa mess

[touchyandalou]

Hello,

I would really appreciate some advice over the mess I've gotten myself into.

I'm an Australian living in the UK on an ancestry visa. I entered the UK in 2004 and extended my stay in 2008 for 5 additional years. My current visa expires on 27/2/13 and I had intended on submitting my application for a further 5 year extension this coming Monday, before my current visa expires.

However, I've just discovered to my complete and utter dismay that I lack one of the crucial documents required to support this application - my Grandmother's Birth Certificate! I hadn't realised until now that after my last extension was granted I sent this back to my Father in Australia. Of course it is entirely my own stupid fault for not realising this (much) sooner. I had all the documents together in one place ready to go, but - again, STUPIDLY - forgot that I'd sent that one back, and failed to check up on this. If anybody wants to tell me how stupid I am, by all means feel free - I'll gladly take that on the chin.

Regardless, the chances of my getting this application off in time are nil. I'd say at best it'd be a week late, perhaps two.

So my first question is:

1) Will a late application be considered? Would it be a waste of time and money to even submit it?

Assuming the worst - that I am unable to extend my stay and have to leave - I have several other concerns. The foremost of which is that leaving the UK quickly would be difficult for various reasons. Leaving before my visa expires on the 27th of Feb would be impossible, and leaving within 28 days beyond that date would be undesirable. So, more questions:

2) I'm currently working in the UK. What are the risks associated with continuing to do so? Can I be fined? Forced to pay back wages earned beyond the expiry of my visa? Even if I handed in my notice tomorrow, which I certainly don't want to do, I'd still have to give a minimum of 2 weeks notice, which would take me beyond my current visa. Oy Vey.

3) I read something somewhere about a "90 day period" beyond your expiry date. I think this had to do with how staying past the 90 days would ban you from re-entering the UK (and perhaps EU) for 5 years? Can anybody tell me if this is accurate?

I've got myself into a right old pickle, entirely of my own making. Any and all advice would be greatly appreciated.

Thanks for taking the time to read.

[Obie]

Apply using Form set(o) before your visa expires. Explain the situation to the caseworker and inform them you will submit the birth Certificate as soon as it is received. Inform them of the fact that they had seen it in the past, before they issued the visa to you for 5 years.

By sending the application on time, you prevent yourself from becoming an overstayer, and your right to work will continue to be in place. Once you receive the birth certificate, you can send it with a cover letter.

[touchyandalou]

Apply using Form set(o) before your visa expires. Explain the situation to the caseworker and inform them you will submit the birth Certificate as soon as it is received. Inform them of the fact that they had seen it in the past, before they issued the visa to you for 5 years.

By sending the application on time, you prevent yourself from becoming an overstayer, and your right to work will continue to be in place. Once you receive the birth certificate, you can send it with a cover letter.

Thanks for your reply. This sounds like very good advice. One question I have though, is that I had intended on applying with form FLR(O) which is simply for an extension (5 years), rather than SET(O) which I believe is "indefinite leave to remain". Does the same advice apply to either form?

Thanks again.

[Greenie]

Why aren't you applying for settlement?

[John]

Obviously by definition your grandmother was born in the UK? You can get a copy of her birth certificate either from the Register Office that registered her birth all those years ago, or alternatively from an office in Stockport by post.

Your grandmother, was she born reasonably close to where you now live in the UK? If so, why not visit the relevant Register Office? If not geographically convenient, apply for one by post, which you can do online.

[The Station Agent]

You've already proven to the UKBA's satisfaction that your grandparent was born here - I don't understand why you'd need to keep on proving that. It hasn't changed.