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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7615
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My visa as expired 40 days ago and I came to know that

Customer Question

My visa as expired 40 days ago and I came to know that my visa expired just 10 days before
Because I am a pregnant and taken suspension from studies and delivered a baby.
I was in situation of taking care about my child.
When I went back to university to resume my studies they said ur visa was curtailed and u r terminated from university because u r overstayed.
I don't want to go back to India because I got married in UK and none of my family members don't no about my marriage.
I want to extend my visa.
What should I do.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

What nationality is your spouse and what is his immigration status in the UK?

Customer: replied 3 years ago.

He is my dependent and we are from India.we run away from our parents and got married here

Expert:  Thomas replied 3 years ago.

The first thing to say is that you do not have an automatic right to apply to extend your visa. This is because your previous leave to remain has expired, you are therefore regarded as an overstayer.

Being an overstayer mean that the united kingdom border agency has an automatic right to refuse any application that you make for an extension of your previous visa or for any other type of visa.

If your husband is a dependent of your previous visa then obviously you cannot apply to switch into a category the basis of your relationship with him.

The only possibility that you have would be to apply for an extension but argue that the application should be considered because of the exceptional compassionate circumstances relating to your case. This would mean that you would effectively be arguing that your pregnancy made it very difficult for you to manage your immigration status and that you were effectively frustrated from applying to extend your visa any earlier than the time by which you submit this new application.

I ok knowledge your position and I do understand that it must of been difficult. If it were up to me I would allow your application to be considered. However, the united kingdom border agency are going to be much more difficult to convince.

For the application to have any chance of success you would need to instruct a solicitor to prepare it and submit it on your behalf. They would be able to draft a statutory declaration explaining the circumstances around your birth in an attempt to argue that special compassionate circumstances applied to your case. You should consider also seeing a doctor to see if they are willing to write a letter confirming that you may have difficulty managing your affairs at the time by which you should have submitted your application to extend your visa. You can submit the sun supporting evidence, this would help a bit.

Even with instructing a solicitor it still going to be very difficult for you to extend your visa, but in the circumstances it does appear to be your only option.

I am sorry.

If this is useful please kindly click accept and rate my answer as okay service or above. If you do not then I do not receive any credit for the time I have taken to answer your question.

Kind regards

Customer: replied 3 years ago.

I already know this.i am waiting for a better answer if possible.

Expert:  Thomas replied 3 years ago.

I am really sorry, but this is the only answer anyone will give you. This is the unfortunate legal position but I do sympathise with you.

I would be grateful if you would rate my answer

Customer: replied 3 years ago.

I didn't like the reply

Expert:  Thomas replied 3 years ago.

I know but it would be unethical of me to give you false information which you did like. It is better that you understand the correct legal position, however unpalatable it is to hear.

Please rate my answer.

Customer: replied 3 years ago.

Even I rate u or not my money has been cut.

u said if I like the answer only u will cut my money

Expert:  Thomas replied 3 years ago.

I will refer your question to customer services, but you have received the correct advice.

If you do not rate my answer then I do not get rewarded or the time I have taken to answer your question.

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