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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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I am a dual Libyan/British citizen. My wife currently has a

Resolved Question:

I am a dual Libyan/British citizen. My wife currently has a 2 year visitor visa (under remarks it says "C - Familiy visit") that expires on 19/Sep/2013. I have business in the UK during September and will be flying out on 20/Sep/2013, i.e. 1 week after my wife's visa expires. Ideally, I would like my wife to be with me and we leave together.

What are the implications of a 1 week overstay on her visa. She would be applying for a new 2 year visitor visa afetr she returned to Libya. On the UKBA website (http://www.ukba.homeoffice.gov.uk/policyandlaw/guidance/ecg/rfl/rfl5/) it seems to define overstaying as more than 90 days from the visa expiry.

Alternatively, is there any way to get a 1 week extension on the visitor visa?

Thanks,
Omar
Submitted: 11 months ago.
Category: UK Immigration Law
Expert:  Howard replied 11 months ago.
Surely that would be 1 day after expiry and not 1 week?

You have correctly identified the relevant rules regarding the 90-day period. Extensions in the UK are only usually allowed for a family visit visa from an initial 6-month period period to 12 months. Given that the visa is already for a period in excess of that I would not expect an extension to be allowed.

You should either arrange the meeting for an earlier date or arrange for your wife to leave within the validity of her visa if at all possible. If your wife overstays by a week then this should not be a reason for further visa applications to be refused but she could expect to be asked to justify why she did not leave the UK within the terms of her visa.
Howard, Immigration Lawyer
Satisfied Customers: 459
Experience: Senior Partner with nearly 20 years experience in UK Immigration Law.
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