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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
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Experience:  I am a qualified solicitor and an expert in UK law.
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I am a Chinese academic who came to the UK on a one-year Academic

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I am a Chinese academic who came to the UK on a one-year Academic Visitor visa on 20 May 2012. My visa was valid from 30 March 2012, but my arrival was delayed until May for family reasons. In accordance with my visa conditions, I have supported myself while in the UK, and engaged in academic research work at Aberdeen University School of Biological Sciences.
Because of the unavoidable delay in my arrival in the UK, I have not yet completed my research project, but I would be able to do so if I could stay here for about 2 months more. This would not entail my stay in the UK exceeding one year, although it extends beyond the original date of my visa expiry.
I have spoken to the UK Border Agency Public Enquiry office in Glasgow, but they said I could not apply for an extension. The professor in my department has written a letter of support, commending my work and supporting my request to extend my work period until 20 May 2013.
I am unclear about how the rules apply to my situation. Can you clarify for me.

1. Do I have to leave the UK by 30 March 2013, as stated on my visa?
or
2. Can I stay in the UK till 20 May 2013, i.e. till one year from my arrival date?

If the answer to (1) is "Yes", can you suggest any alternative visa (e.g a tourist visa?) under which I could remain in the UK for about 2 months to complete my work, bearing in mind that I am not paid for the work I am doing, and would not engage in paid employment.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

1. Yes, you will have to return home by the date stated on your visa ad this is the expiry date of your visa and staying beyond this period will result in you becoming an overstayer.

2. There is nothing preventing you from applying for further leave to remain in the uk on the basis of what you have mentioned , whether it ukba grant you permission to remain is at their discretion. Please see following link :

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/othercategories/domesticworkers/extending/

The fact is that you can apply for extension of leave to remain, if this process takes longer than 2 months and provided that you applied for your extension before your current visa expires your leave to remain will automatically be extended until a decision is made. Therefore if it takes longer than 2 months you can withdraw your visa application and return home without becoming an overstayer.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Thanks for your reply. There are some points that need to be clarified.



1. The link you gave me in your answer relates to domestic workers. I am not a domestic worker, so that link is irrelevant!


2. When is the cut-off time for submitting an application for extension? The UKBA website says you must apply at least 4 weeks before your permission to stay in the UK ends, whereas the guidance notes to the FLR(O) rules say you should apply before the end of your permitted stay in the UK (no mention of "4 weeks before")


 


3. Can you give me an indication of the normal processing time for an extension application. I will have to re-arrange my travel bookings, and if the processing time is only a couple of weeks, it may not be worth the expense involved for such a short extension..


My situation is not very common, because I have an Academic Visitor visa, not a tourist or domestic worker visa. Can you please explain the extension process and timescales.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

1. The link is not irrelevant as the forms are the same for all extensions. The form are the same for extending visas.

2. You must ensure that the ukba receive the application before the date your visa expires. The earliest you can apply is 4 weeks before the expiry of your visa.

3. As you rightly stated the ukba do not allow extension for your type of visas, the form FLR O covers all applications which the applicant wishes the immigration officer to exercise discretion on. This process can take up to 6 months, this is why I stated that once you have undertaken the work required to withdrawn the application and return home.

You are also correct in assuming that the fees are high, unfortunately, to avoid becoming an overstayer you need to submit an application otherwise you would need to return home before the expiry of your visa and no more than 28 days after its expiry otherwise you will be banned from applying for a UK visa for up to 1 year.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 1 year ago.

Thanks.


 


I'm not clear about the meaning of this sentence :


"This process can take up to 6 months, this is why I stated that once you have undertaken the work required to withdrawn the application and return home". Can you clarify please.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

Because your leave to remain will be extended then even if you withdraw your application you would be here legally as during the application process your leave to remain would be automatically extended.

I hope this clarifies the matter if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2141
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

I understand that the leave to stay will be extended while the application is being considered.


 


 


I was really questioning the ungrammatical structure of your sentence ... I'm afraid it makes no sense. However, I think I've got enough information now. Thanks for your help.

Expert:  UK_Lawyer replied 1 year ago.
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