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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I was wondering how my wife gos about apply for an

Resolved Question:

Hi

I was wondering how my wife go's about apply for an extesion to her exit date on her settlement visa, she is still currently in south africa and if possible would like to put it back. The reason being her son was refused entry into the Uk because his original application only included an abridged birth certificate. Rather than leasving him behins she would like to stay during the appeal process.
regards
Aidan
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

She has obtained a settlement (spouses) visa for the uk?

What does he visa say specifically about the exit date?

Kind regards
Tom
Customer: replied 3 years ago.

Hi

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.

 

regards

 

aidan

Expert:  Thomas replied 3 years ago.

Hi Aidan,


Can you type (in quotes) exactly what the visa states please.

 

Kind regards,


Tom

Customer: replied 3 years ago.

Hi

 

Valid from 17/7/11

 

Valid until 17/10/13

 

hope this helps

Expert:  Thomas replied 3 years ago.

Hi Aidian,


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.

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I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

Hi again

 

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.

 

aidan

Expert:  Thomas replied 3 years ago.

Correct.

 

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.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
thanks, XXXXX XXXXX helps a great deal

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