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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7473
Experience:  BA (Hons), PgDip, Practising Solicitor
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my visa expired while in the home office

Resolved Question:

my visa expires shortly, while its still in the home office and I haven't received any information/confirmation from them. Do I need to recall my passport and leave the country immediately before it expires?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,


Thanks for your question.


Why is it at the Home Office? Have you applied for a further visa?


Tom

Customer: replied 5 years ago.
Hi Tom,

I have applied for a PBS Tier 1. My student visa expires on the 31st of January, while my passport is still in the home office and I haven't received any information/confirmation from them that they have received it. Do I need to recall my passport and leave the country immediately before it expires?

Expert:  Thomas replied 5 years ago.

Hi,

 

Just to be clear. You have sent your application form for a Tier 1 visa to the UKBA together with your supporting documents, correct?

 

Has receipt of the application been acknowledged by the UKBA?


Kind regards,

 

Tom

Customer: replied 5 years ago.
Hi,

Yes all supporting documents, points should be correct. However I received no receipt of the application been acknowledged by the UKBA.
Expert:  Thomas replied 5 years ago.

Okay.

 

Did you send them by registered post?

 

Please state the date on which they were sent.

 

Tom

Customer: replied 5 years ago.

I sent it by UPS courier, delivered On: Tuesday, 18/01/2011 at 8am

but nothing from the Home Office

elly
Expert:  Thomas replied 5 years ago.

Hi Elly

 

Okay.

 

The UKBA will write to you acknowledging receipt of your application and confirming that they will be in touch for further information or with a decision in your matter.

 

The UKBA will do this normally within two weeks of receipt, but it is not uncommon for them to overrun. I should have thought you will receive it by the 31st January but you should give them a telephone call to see if you can get a oral confirmation that it is in hand and that they will write to you with an acknowledgment shortly. Make sure you let them know that it was couriered and you have a documentary receipt from UPA so there is not question that it was received in time before your visa expires. Note the time of the telephone conversation, what was said and the name of the person you spoke to.

 

The position with respect to the expiry of your visa is that if your visa is dated to expire whilst your application is being considered then you will be granted further leave to remain until a decision is reached in your case. Provided the application is being considered by the UKBA you have a right to remain in the UK regardless of the fact that you student visa expires on 31st January. If they reject your application then you will no longer have leave to remain and will have to leave the country once your documents are returned to you unless you appeal their decision to an immigration tribunal.

 

The rejection letter will give you details on how you can appeal. If you appeal then your will again have further leave to remain until such time as a decision has been reached at the tribunal after you have had your hearing. Practically this can take 2-3 months. Once the appeal has been heard then you will either be granted you tier one visa or you will be given 28 days to return home. Technically you will have leave to remain until this has expired.


You should keep all your correspondence in a file to prove your application and legality of you stay during the course of the application.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

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