Thanks for replying, Her visa was stamped on the 17 july presumably she has 3 months to leave south africa for the uk before the exit window expires. My question is how do we go about extending this period, given the fact her sons was turned down, she would like to stay for the appeal process.
Can you type (in quotes) exactly what the visa states please.
Valid from 17/7/11
Valid until 17/10/13
hope this helps
Thanks for your reply..
If that's all it says then it means that she has leave to enter and remain at any point during that period. It does not mean that she must leave immediately and there is no 3 month exit date implied into such visas. So, notwithstanding that she will be slightly delayed in entering the UK she will be permitted entry.
Of course, if she enters the UK later than 3 months then it will mean that she will not have completed 2 years in the UK upon the expiry of the visa and therefore would not be able to apply for ILR straightaway, so she will have to apply for further leave to remain at the end of it by using UKBA form FLR(M) and then apply for ILR once she has completed the required amount of time she needs to reach the 2 year residence period.
You could try writing to the UKBA to attempt to push forward the period granted by the visa, but in all probability they will decline to do this, they are not very co-operative on these things and generally take the view that she should take responsibility for the length of leave granted as a result of the date she made the application. They will state that this is what FLR(M) applications are for and refer her to that.
Sorry it could not be better news.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
I will answer your follow up questions you may have.
Just to clarify things for myself, she could therefore stay in south africa for say an extra 4 months it would just mean that she would have to apply for an extention using FLR(M) to make up the time for the 2 years probation period before applying for ILR.
I would though caution that she should take evidence that he slightly delayed departure was as a result of the appeal. So evidence of the appeal hearing and the date of grant of leave to remain to here son.
Just in the unlikely event that they raise an eyebrow and ask a question of her.
Trust this clarifies, please click accept.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).