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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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Im Argentinean, I currently have a Spouse Visa (18 months)

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I'm Argentinean, I currently have a Spouse Visa (18 months) that will expire this month. I am going abroad before that date and returning AFTER the expiry date, but within the 28 days concession. UK allows my nationals to enter the UK as a tourist without visa for 6 months. Do you think I'll be able to return to the UK and apply for the extension of my visa from UK? I understand I can ask for my extension now, even the "express" path, but I am waiting for my Italian passport to be issued (it is supposed to come through in the following weeks, before I travel). I am just checking to see which are my options given that I don't see the point of having a EU Passport and and Spouse Visa. Thank you so much for your help!
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Will you postpone your travels until your Italian passport arrives?

Will the Italian passport be sent to the UK?

Tom
Customer: replied 1 year ago.
Thank you Tom! I was supposed to literary have it last week, I'm leaving in 2 weeks. Of course I am opened to postponed some days my visit. But the thing is I want to have it as clear as I can whether I have to activate my "Visa extension plan" ASAP or there's time as long as I apply within the concession period.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I have to be honest, it would complicated the situation massively if you left before your Italian passport arrived and your leave to remain expired whilst you were away.

I appreciate that you refer to the 28 days concession but this is only in respect of people in the UK, it means that if a persons visa expires then they have 28 days from the date of expiry to leave the UK. If they leave within the 28 day period then they will not be subject to a ban or regarded as having overstayed their visa when it comes to applying for visas later. It does not help you here.

If you were to leave, your visa expired, your Italian passport did not come and you attempted entry on yoru current passport on the basis of a visitior’s visa being granted upon port of entry then I would expect them to take you for questioning and quite probably deny you entry. This is because visitor’s visas are granted with the condition that you must leave before the 6 month period expires. You are here permanently and would therefore breach this, so they would not grant it.

I see your options as follows:-

1. Postpone your travelling until your Italian passport arrives. You would then have no trouble re-entering because of your EEA rights.
2. Travel before it comes then get your spouse to send it to you wherever you have travelled to so that you can re-enter under EEA rights. This is quite risky because 1) it may not come and 2) if it requires your to sign upon delivery then you cannot do this. IN either case you would be stranded where you have travelled to until you can get hold of the passport (which is difficult to predict

Sorry it could not be better news, but it’s preferable that you honestly know your options. I hope you are able to agree,.


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Kind regards,


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