Rachel was living in the UK on a visa granted to her as she was the parent of a child who was born in the UK and is a British Citizen. She had already completed over two years of residence in the UK and so was ready to apply for an extension. After five years she would be eligible for Indefinite Leave to Remain.
However, Rachel thought her visa had one month longer left than it did. She only noticed this two days after it expired. She submitted her extension application urgently and tried to give her “good reason” for the delay, as there is a potential exemption for overstaying less than 14 days in paragraph 39E of the Immigration Rules.
This rule applies where the application is made within 14 days of the applicant’s leave expiring and the Home Office considers that there was a good reason that was beyond the control of the applicant that explains why the application was not made in-time.
Rachel admitted to the Home Office that the late submission was her own fault: She forgot. The Home Office then refused her application for extension and placed her on a new, ten-year ILR route, taking her off the course she was on.
Rachel will now have to make another three extension applications, then apply for ILR, over the course next ten years. This will cost her £2,052.20 per application (at today’s fees), and the ILR application will cost another £2,408.20.
Scarsdale Solicitors – Manchester, Rochdale and Oldham
If you need the assistance of Rochdale immigration solicitors, Manchester Immigration solicitors or Oldham immigration solicitors, call Scarsdale Solicitors Manchester, Scarsdale Solicitors Oldham & Scarsdale Solicitors Rochdale today on 0161 660 6050.
