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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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My tier 4 visa got expired on 30th Jan 2013. I am in tier 4

Resolved Question:

My tier 4 visa got expired on 30th Jan 2013. I am in tier 4 grace period. Is there any chance to switch in to any other category such as tier 2 or even tier 4 dependent while continuously staying in UK? Also I had some interviews scheduled in this grace period and I got an offer from one o them so I am keen to know about the possibility of switching into tier 2 or any other working visa.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid not, no.

I think you have misunderstood the “period of grace” that you refer to. This is not a period afforded to you so that you can find another immigration category to switch in to. Instead, it is a period of time afforded to you to give you the opportunity to leave the UK within 28 days so that you do not become regarded as an overstayer for the purpose of future applications.

If you left within 28 days of your visa expiring then the UKBA could not in the future reject visa applications on this basis. If you stayed in the UK beyond the 28 days then they could automatically reject your future visa applications or, at least, all those that were not based on a family relationship.

If you were to apply to switch in to another visa category or extend your current visa it would be immediately rejected and the fee withheld. They only time you would be able to extend your visa at all is if there were applicable exceptional circumstances. These are usually where you had a health condition which meant that to remove you might severely prejudice your health.

I am very sorry but I think you’re going to have to return home to make the new application.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6256
Experience: BA (Hons), PgDip, Practising Solicitor
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