Appointment booked after expiration of leave to remain

[asadmahmood]

Hi,

I am on a work permit for the past 5 years. I have met all conditions for me to be able to apply for ILR.

My current leave to remain is expiring on 04 July 2013 but somehow I had it in my mind expiring on 21 July 2013 (stupid mistake on my part). My ILR premium processing appointment is booked for 12 July 2013, which means that I will have overstayed in the UK for 8 days!

What are the implications for this and what options do I have available to mitigate this?

I am sitting for my life in the UK exam on the 3rd of July so the earliest I can make a postal application is 4th July 2013, which is the same day that my leave is expiring.

Please help me as all my hardwork will go to waste just because I mad a mistake on my expiry date!

[Amber]

Why don't you keep on the booking site to see if you can get a PEO slot for the 4th? You could have applied from 28 days before your 5 year qualification was up.

[asadmahmood]

Why don't you keep on the booking site to see if you can get a PEO slot for the 4th? You could have applied from 28 days before your 5 year qualification was up.

The UKBA website is down for maintenance and will not be available until tomorrow, so I will not find out until tomorrow whether there are any slots available for 4th July.

[asadmahmood]

Why don't you keep on the booking site to see if you can get a PEO slot for the 4th? You could have applied from 28 days before your 5 year qualification was up.

The continuous period in the UK must be lawful. This means the applicant must have spent the qualifying period here continuously with leave to enter or remain and must not have breached their leave conditions. For example, by taking employment other than that permitted by their work permit or certificate of sponsorship.

Breaks in the period of lawful residence may only be disregarded in the following circumstances:

- applications made on or after 9 July 2012, where the application for ILR is made no more than 28 days after the expiry of the applicant’s previous leave
- any periods disregarded in granting leave to remain on or after 1 October where they occur during the qualifying period for ILR.


Does the first bullet imply that one can apply within 28 days of expiry of last leave to remain? Would this apply in my case?

[UKBALoveStory]

Hi,

I am on a work permit for the past 5 years. I have met all conditions for me to be able to apply for ILR.

My current leave to remain is expiring on 04 July 2013 but somehow I had it in my mind expiring on 21 July 2013 (stupid mistake on my part). My ILR premium processing appointment is booked for 12 July 2013, which means that I will have overstayed in the UK for 8 days!

What are the implications for this and what options do I have available to mitigate this?

I am sitting for my life in the UK exam on the 3rd of July so the earliest I can make a postal application is 4th July 2013, which is the same day that my leave is expiring.

Please help me as all my hardwork will go to waste just because I mad a mistake on my expiry date!

Asad, why are you taking risk? Why not send a postal application on 3rd July just after you get the result of LIUK?

I will highly recommend not to overstay as currently, yes you are safe even if you apply on 12th, but you never know when they are going to change rules. So

[Amber]

There is a 28 period that you can use (potentially as an over stayer) but it's best to do an in-time application only at a PEO.

[asadmahmood]

There is a 28 period that you can use (potentially as an over stayer) but it's best to do an in-time application only at a PEO.

What happens if I don't get an in time PEO appointment? Should I send my documents and application by post or do I need to exit the country and then apply for new Work Permit?

[deleted_user]

What happens if I don't get an in time PEO appointment?

Send your application in-time by post using special delivery next day.

I believe there is also a way to send your application without LIUK with covering letter that you will be sending this 'additional document' later because you will be giving the test soon. But if you are sure you will pass the test on 3rd July then send all paperwork together.