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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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urgent Tier 4 application with previous biometric card lost

Resolved Question:

Hello, I am a undergraduate student who is about to graduate. I lost my Tier 4 visa 3 moths back and I was granted 3 moths of stay in the UK. However the visa I lost grants me stay until 30th of Nov. It is approaching the end of my permission of stay in the UK border. I read on the Tier 4 application guideline that a student applying for Tier 4 visa is allowed to overstay for 28 days. I wonder if this  term is applicable to me so that I can overstay within 28 days and apply for a new Tier 4 visa with my MSc degree. Thanks

Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Has the original three month period you were granted after you lost your Tier 4 expired? If so, when did this expire?

Tom
Customer: replied 2 years ago.
It will expire tomorrow.
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

You are taken for the purpose of the application of the rules to cease to have leave to remain once the three month period of grace granted to you by the UKBA after you lost your visa has expired.

Therefore you will cease to have leave to remain in the UK as of tomorrow.

If you apply within 28 days of tomorrow then your application will be considered.

If you apply after 28 days from tomorrow then your application will almost certainly be rejected as there are new rules from 1st October stating that any application which is submitted by someone who has overstayer their leave to remain by 28 days MUST be rejected:-
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/53-overstayers

Your leave to remain will be taken to be curtailed from the original date your Tier 4 visa expired to the date on which the three month period expires.

If you wish to make an attempt to remain in the UK without leaving the UK then you must submit an application within 28 days of tomorrow.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6466
Experience: BA (Hons), PgDip, Practising Solicitor
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